PRINTER'S NO. 4123
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2670
Session of
2018
INTRODUCED BY FRITZ, TALLMAN, MILLARD, RYAN, BERNSTINE, JAMES,
GROVE, KAUFER, SAYLOR, MOUL, PICKETT, WHEELAND, KEEFER AND
OBERLANDER, OCTOBER 1, 2018
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 1, 2018
AN ACT
Amending the act of July 7, 1961 (P.L.518, No.268), entitled "An
act to create a regional agency by intergovernmental compact
for the planning, conservation, utilization, development,
management and control of the water and related natural
resources of the Delaware River Basin, for the improvement of
navigation, reduction of flood damage, regulation of water
quality, control of pollution, development of water supply,
hydroelectric energy, fish and wildlife habitat and public
recreational facilities, and other purposes, and defining the
functions, powers and duties of such agency," in pollution
control, further providing for enforcement; and, in general
provisions, further providing for effect on riparian rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5.4 and 14.19 of the act of July 7, 1961
(P.L.518, No.268), known as the Delaware River Basin Compact,
are amended to read:
Section 5.4. Enforcement. [The] Except for matters relating
to on-lot septic systems, the commission may, after
investigation and hearing, issue an order or orders upon any
person or public or private corporation, or other entity, to
cease the discharge of sewage, industrial or other waste into
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waters of the basin which it determines to be in violation of
such rules and regulations as it shall have adopted for the
prevention and abatement of pollution. Any such order or orders
may prescribe the date, including a reasonable time for the
construction of any necessary works, on or before which such
discharge shall be wholly or partially discontinued, modified or
treated, or otherwise conformed to the requirements of such
rules and regulations. Such order shall be reviewable in any
court of competent jurisdiction. The courts of the signatory
parties shall have jurisdiction to enforce against any person,
public or private corporation, or other entity, any and all
provisions of this article or of any such order. The commission
may bring an action in its own name in any such court of
competent jurisdiction to compel compliance with any provision
of this article, or any rule or regulation issued pursuant
thereto or of any such order, according to the practice and
procedure of the court. In matters relating to on-lot septic
systems, the commission may report its investigation findings to
the water pollution abatement agencies of the signatory parties.
Section 14.19. Effect on Riparian Rights or On-Lot Septic
Systems. Nothing contained in this compact shall be construed as
affecting or intending to affect or in any way to interfere with
the law of the respective signatory parties relating to riparian
rights or on-lot septic systems.
Section 2. The Secretary of the Commonwealth shall publish a
notice in the Pennsylvania Bulletin upon enactment of
legislation having an identical effect as section 1 of this act
by the Congress of the United States and the states of Delaware,
New Jersey and New York.
Section 3. This act shall take effect as follows:
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(1) Section 1 of this act shall take effect upon
publication of the notice required by section 2 of this act.
(2) The remainder of this act shall take effect
immediately.
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