Bill Text: PA HB1390 | 2009-2010 | Regular Session | Amended

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Bill Title: Updating and expanding the storm water planning requirements to be undertaken by counties; authorizing counties to regulate storm water within a watershed-based planning area; authorizing the formation of water resources management authorities; enabling counties, municipalities and water resources management authorities to develop integrated water resources management plans; imposing duties and conferring powers on the Department of Environmental Protection, the Environmental Quality Board, counties, municipalities and water resources management authorities; providing for financing and for waiver of use for certain grant or loan funds; and making related repeals.

Spectrum: Slight Partisan Bill (Democrat 26-16)

Status: (Introduced - Dead) 2009-12-16 - Re-committed to APPROPRIATIONS [HB1390 Detail]

Download: Pennsylvania-2009-HB1390-Amended.html

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PRIOR PRINTER'S NO. 1703 PRINTER'S NO. 3014
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1390 Session of2009
INTRODUCED BY FREEMAN, ROSS, SANTARSIERO, BELFANTI, BRENNAN, CLYMER, CUTLER, DALEY, GEORGE, GINGRICH, GRUCELA, HARKINS, HARPER, HENNESSEY, HORNAMAN, HOUGHTON, JOSEPHS, KORTZ, KOTIK, MANDERINO, MATZIE, McGEEHAN, McILVAINE SMITH, MELIO, MENSCH, MILLER, MILNE, MURPHY, MURT, MUSTIO, PASHINSKI, PERRY, PRESTON, QUINN, REICHLEY, SIPTROTH, WALKO, WATSON, YOUNGBLOOD, YUDICHAK AND BRADFORD, APRIL 29, 2009
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 15, 2009
AN ACT
Updating and expanding the storm water planning requirements to
be undertaken by counties; authorizing counties to regulate
storm water within a watershed-based planning area;
authorizing the formation of water resources management
authorities; enabling counties, municipalities and water
resources management authorities to develop integrated water
resources management plans; imposing duties and conferring
powers on the Department of Environmental Protection, the
Environmental Quality Board, counties, municipalities and
water resources management authorities; providing for
financing and for waiver of use for certain grant or loan
funds; and making related repeals.
TABLE OF CONTENTS
Chapter 1. General Provisions
Section 101. Short title.
Section 102. Legislative findings.
Section 103. Purpose.
Section 104. Definitions.
Chapter 2. Powers and Duties
Section 201. Powers and duties of counties.
Section 202. Powers and duties of department and Environmental
Quality Board.
Section 203. Powers and duties of municipalities.
Section 204. Powers and duties of water resources management
authorities.
Chapter 3. Comprehensive Storm Water Management Planning
Section 301. Comprehensive storm water planning and management
requirements.
Section 302. Review and approval or disapproval by department.
Section 303. Implementation of comprehensive storm water
management plans.
Section 304. Failure to submit or implement comprehensive storm
water management plan.
Section 305. Failure of municipalities to adopt ordinances and
implement plans.
Chapter 4. Integrated Water Resources Management Planning and
Procedure
Section 401. Water resources management coordination and
integration.
Section 402. Integrated water resources management planning
process.
Section 403. Integrated water resources management plan
requirements.
Section 404. Implementation of integrated water resources
management plans.
Section 405. Water resources management corridors.
Section 406. Failure of municipalities to adopt implementing
ordinances.
Chapter 5. Water Resources Management Authorities
Section 501. Water resources management authorities.
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Section 502. Additional powers and duties of water resources
management authorities.
Chapter 6. Rights, Remedies, Funding and Enforcement
Section 601. Duty of persons engaged in development of land.
Section 602. Funding and imposing fees on tax-exempt property.
Section 603. Entry upon land for surveys and examinations.
Section 604. Preservation of existing rights and remedies.
Section 605. Civil remedies.
Section 606. Administrative procedure and judicial review.
Section 607. Integrated Water Resources Management Account.
Section 608. Grants and reimbursements.
Section 609. Waiver of use of grant and loan funds.
Chapter 7. Miscellaneous Provisions
Section 701. Repeals.
Section 702. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
GENERAL PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Integrated
Water Resources Restoration, Protection and Management Act.
Section 102. Legislative findings.
The General Assembly finds that:
(1) Inadequate management of storm water runoff and the
insufficient planning, coordination and integration of
regulatory programs associated with water resources
management activities causes increased flood flows and
velocities, contributes to accelerated erosion and
sedimentation, overtaxes the carrying capacity of streams and
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storm sewers, greatly increases the cost of public facilities
to carry and control storm water and wastewater, undermines
flood plain management and flood control efforts in
downstream communities, reduces groundwater recharge,
diminishes the quality and quantity of water supplies and
threatens the environment, public health, safety and
property.
(2) The act of October 4, 1978 (P.L.864, No.167), known
as the Storm Water Management Act, is not sufficiently
comprehensive to address the needs of this Commonwealth.
While the act provides a basis for storm water management
planning by counties on a watershed basis, additional
provisions are needed in addition to the Storm Water
Management Act requirements to provide integrated and
thorough planning and management of water resources in
watershed-based planning areas and to address current and
past water resources management problems, as well as
prospective and ongoing development.
(3) A comprehensive, integrated approach to water
resources management, building on the protections established
under the act of June 22, 1937 (P.L.1987, No.394), known as
The Clean Streams Law, including reasonable regulation of
development and activities causing adverse impacts to waters
of this Commonwealth, is fundamental to public health, safety
and welfare and protection of the citizens of this
Commonwealth, their resources and the environment.
(4) Adequate management of this Commonwealth's water
resources requires additional legal mechanisms for
coordination and integration of water resources management
planning among State agencies and county and municipal
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governments.
(5) Dedicated funding is needed to develop and implement
integrated water resources management plans to protect,
maintain, reclaim and restore this Commonwealth's water
resources and the environment and to protect public health,
safety and property.
Section 103. Purpose.
The purpose of this act is to:
(1) Provide for more comprehensive storm water planning
and management, building on the framework found in the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act, and implementing the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, to
authorize planning for and remediation of storm water-
associated problems and integrating related water resources
management programs.
(2) Restore, reclaim, protect and maintain the water
quality, quantity and natural hydrologic regime; regulate
and, where appropriate, restrict development in the floodways
and floodplains of this Commonwealth's rivers and streams;
preserve the carrying capacity of watercourses; and protect,
maintain, reclaim and restore surface waters and groundwaters
of this Commonwealth.
(3) Protect the natural resources, environmental rights
and values secured by the Constitution of Pennsylvania.
(4) Authorize counties to undertake and enforce
comprehensive, ecologically sustainable and consistent water
resources management planning; consolidate and coordinate
governmental resources; and establish a dedicated, stable and
tailored funding source. If a county does not elect to
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undertake such integrated water resources planning or
management, municipalities or water resources management
authorities are authorized to undertake these activities.
(5) Encourage the regional implementation of integrated
water resources management plans within watershed-based
planning areas to preserve and protect areas from the adverse
effects of fragmented planning related to water resources
protection, water infrastructure, wet weather and wastewater
management, storm water runoff and subsurface drainage.
(6) Authorize the creation of water resources management
authorities to enable counties and municipalities to
regulate, manage, operate and maintain activities, facilities
and development that may affect storm water runoff or water
resources within watershed-based planning areas; regulate,
implement and manage comprehensive storm water management
plans or integrated water resources management plans within
watershed-based planning areas; and undertake the planning
related thereto under this act when appropriate.
(7) Encourage water resources management authorities to
utilize a comprehensive integrated water resources approach
for water resources protection, maintenance and improvement,
including quantity and quality, and other environmental
benefits.
(8) Authorize dedicated funding to develop and implement
updated, expanded and comprehensive storm water planning and
management, as well as to develop and implement integrated
water resources management plans to protect, maintain,
reclaim and restore this Commonwealth's water resources and
to protect public health, safety, property and the
environment.
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Section 104. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Allowable costs." Reasonable expenses associated with
preparation, administration, implementation, revision and
enforcement of department-approved comprehensive storm water
management plans, integrated water resources management plans,
and ordinances adopted pursuant to such plans, and including
storm water or integrated water resource management best
management practice operation and maintenance.
"Best management practices." Activities, facilities,
measures or procedures used to protect, maintain, reclaim and
restore the quantity and quality of waters and uses within this
Commonwealth.
"Bonds." The notes, bonds and other evidence of indebtedness
or obligations which are authorized to be issued under section
502.
"Clean Streams Law." The act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law.
"Comprehensive storm water management plan." A storm water
management plan developed in accordance with act of October 4,
1978 (P.L.864, No.167), known as the Storm Water Management Act,
and the requirements of Chapter 3.
"Critical water planning area." An area identified under 27
Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents).
"Department." The Department of Environmental Protection of
the Commonwealth.
"Infrastructure." Structural elements, structural and
nonstructural management practices and operating procedures that
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support drinking water, wastewater, storm water, floodplain and
other water resources management activities.
"Integrated water resources management." Implementation of
multiple statutory and regulatory planning obligations related
to the water resources of this Commonwealth.
"Integrated water resources management plan." A plan
containing all of the elements prescribed under the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act, and the additional requirements of Chapters 3
and 4 which includes proposals for regulating activities and
development that may affect water resources and wastewater
management within the planning area.
"Land development." The subdivision of land, or the
improvement of one or more lots, tracts or parcels of land for
any purpose.
"Municipalities Planning Code." The act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code.
"Municipality." A city, borough, town, township or another
governmental unit when acting as an agent thereof or any
combination of these acting jointly.
"Recharge." The process by which water is absorbed and is
added to the zone of saturation of a groundwater aquifer. The
term includes the quantity of water that is added to the zone of
saturation.
"Remedial plan." A plan containing all of the elements
prescribed under section 301 which includes requirements for
assessment and remediation of storm water-related problems.
"Responsible entity." A county or counties, multiple
municipalities or water resources management authority
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designated to implement the comprehensive storm water management
plan or integrated water resources management plan, or both,
including construction, operation and maintenance of associated
infrastructure.
"Storm water." Drainage runoff from the surface of the land
resulting from precipitation or snow or ice melt.
"Storm water best management practice" or "Storm water BMP."
Activities, facilities, measures or procedures used to protect,
maintain, reclaim and restore the quantity and quality of waters
and uses within this Commonwealth as approved by the department.
The term includes plans under the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act, or
other plans, treatment requirements, operating procedures and
practices to manage and control the rate, volume and water
quality of storm water runoff.
"Storm Water Management Act." The act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act.
"Storm water management plan." A plan for storm water
management prepared and adopted by a county in accordance with
act of October 4, 1978 (P.L.864, No.167), known as the Storm
Water Management Act.
"Submitting agency." A county, counties, multiple
municipalities or a water resources management authority which
elects to develop and submit an integrated water resources
management plan, in accordance with the requirements of section
401(a), to the Department of Environmental Protection for
approval under this act.
"Subsurface drainage." Drainage runoff which occurs below
the surface of the ground resulting from precipitation or snow
or ice melt.
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"Water resources management authority." A body politic and
corporate created under the former act of May 2, 1945 (P.L.382,
No.164), known as the Municipality Authorities Act of 1945, 53
Pa.C.S. Ch. 56 (relating to municipal authorities) or section
501 for the purpose of planning, constructing, operating,
maintaining, managing and regulating storm water or integrated
water resources management structures, practices and activities.
"Water resources management planning." Planning based on
watershed areas to protect, maintain, reclaim and restore the
quality and quantity of surface water and groundwater and the
physical, chemical and biological characteristics of bodies of
water from the effects of past and future activities and
development while assuring sustainable supplies of clean water
to meet current and future needs and minimizing the impact of
storm water on public health, safety, property and the
environment.
"Watershed." The entire region or area drained by a river or
other body of water, whether natural or artificial.
"Watershed-based planning area." A planning area approved by
the Department of Environmental Protection and based on
watershed boundaries, as well as political boundaries or
geographic considerations, that is the focus of a comprehensive
storm water management plan or integrated water resources plan.
CHAPTER 2
POWERS AND DUTIES
Section 201. Powers and duties of counties.
(a) Comprehensive storm water management plan.--A county
shall prepare and ensure implementation of a comprehensive storm
water management plan in accordance with section 301. In
addition to any existing powers, and consistent with the
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requirements of section 401(a), the county may elect to develop
or implement an integrated water resources management plan in
accordance with Chapter 4.
(b) Review and comment.--A county shall review and comment
on the location, design and construction within the watershed-
based planning area of facilities owned or financed, in whole or
in part, by funds from this Commonwealth, including storm water
facilities, water obstructions, flood control projects, highways
and transportation facilities and facilities for the provision
of public utility service, to assure their consistency with the
plans developed pursuant to this act. The county shall review
and take action on such submissions concurrent with the review
period as provided in Article V of the Municipalities Planning
Code.
(c) Fee authorization.--Where the county is the responsible
entity designated to implement a comprehensive storm water
management plan or integrated water resources management plan,
or both, the county has all the powers, duties and authority set
forth under section 502(b) and may levy fees for all associated
costs in accordance with section 502(b).
(d) Inspection.--In accordance with plans developed under
this act, a county shall also ensure inspection of water
resources-related facilities, provide for routine operation and
maintenance of water resources management facilities and
construct water resources management facilities.
(e) Public comment.--A county shall provide for public
comment on all proposed publicly financed water resources
capital projects undertaken pursuant to the remedial plan
requirements in Chapter 3.
(f) Compliance.--Nothing that a county does under this act
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shall relieve any person engaged in activities or in the
alteration or development of land of the responsibility to
comply with the requirements of storm water ordinances of
municipalities, an approved integrated water resources
management plan and the requirements of the Storm Water
Management Act, as well as all of the legal requirements of the
other programs for which planning will be integrated in an
integrated water resources management plan.
Section 202. Powers and duties of department and Environmental
Quality Board.
(a) Department.--The department shall have the power and
duty to:
(1) Coordinate the management of water resources in this
Commonwealth, including the authority to develop processes
and certification programs for consulting and engineering
services.
(2) Develop processes and procedures for resolving
disputes associated with comprehensive storm water integrated
water resources management planning among county and
municipal planning bodies and government agencies concerning
plan development or implementation.
(3) Develop guidelines and policies to implement the
purposes of this act, which may include specific
comprehensive storm water management plan or integrated water
resources management plan scope and content requirements,
model integrated water resources management plans and model
ordinances.
(4) Charge fees associated with the review of integrated
water resources management plans that reasonably reflect the
cost of review.
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(5) Approve, disapprove or conditionally approve
comprehensive storm water management plans and integrated
water resources management plans.
(6) Undertake enforcement as necessary and appropriate
and in accordance with this act.
(7) Take any other action required to carry out the
purposes and policies of this act.
(8) Upon request of a county or municipality, provide
technical assistance appropriate to accomplish the purposes
of this act.
(b) Other laws.--Nothing in this act shall be construed to
abrogate the authority of the department under any of the
environmental laws administered by the department.
(c) Board.--The Environmental Quality Board shall adopt
rules and regulations of the department as are necessary and
appropriate to carry out the purposes of this act.
Section 203. Powers and duties of municipalities.
(a) Implementation of plans.--A municipality or multiple
municipalities shall have the power and duty to implement
comprehensive storm water management plans and any applicable
integrated water resources management plan.
(b) Plan.--Consistent with the requirements of section
401(a), multiple municipalities may elect to develop an
integrated water resources management plan in accordance with
Chapter 4.
(c) Land development and activities.--Municipalities shall
regulate land development and activities consistent with the
most recent applicable approved comprehensive storm water
management plan or integrated water resources management plan
and shall adopt ordinances to implement these plans.
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(d) Fee authorization.--Where multiple municipalities are
the responsible entity designated to implement a comprehensive
storm water management plan or integrated water resources
management plan, or both, the multiple municipalities should
have all the powers, duties and authority set forth under
section 502(b) and may levy fees for all associated costs in
accordance with section 502(b).
(e) Enforcement.--Nothing in this act shall prohibit a
municipality or county from enforcing any zoning, subdivision or
land development ordinance which the municipality or county has
adopted that is not in conflict with plans developed under this
act.
Section 204. Powers and duties of water resources management
authorities.
(a) Plan.--Water resources management authorities shall have
the power and duty to implement and administer comprehensive
storm water management plans when so designated and to implement
and administer integrated water resources management plans when
so designated.
(b) Integrated plan.--Consistent with the requirements of
section 401(a), water resources management authorities may elect
to develop an integrated water resources management plan in
accordance with Chapter 4.
(c) Powers and duties.--Water resources management
authorities shall have the power and duty to set rates and
assess and collect fees to carry out the purposes of this act.
(d) Annual report.--Water resources management authorities
shall provide an annual report of actions and activities to the
department.
CHAPTER 3
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COMPREHENSIVE STORM WATER MANAGEMENT PLANNING
Section 301. Comprehensive storm water planning and management
requirements.
(a) Watershed boundaries.--Comprehensive storm water
management plans shall be based on the watershed boundaries
described in plans developed in accordance with the Storm Water
Management Act, unless an alternate watershed-based planning
area is approved by the department for good cause shown.
(b) Plans and updates.--Except as provided under subsection
(e), within five years of the effective date of this section,
counties shall prepare or update the plans developed in
accordance with the Storm Water Management Act and, at a
minimum, shall also prepare a remedial plan, which together
shall constitute the comprehensive storm water management plan.
At a minimum, the remedial plan shall include the following:
(1) Identification and assessment of existing problems
associated with storm water runoff and subsurface drainage
and the conditions that cause or contribute to the problems.
(2) Proposed solutions to or remediation of existing
problems which take into account peak rates of storm water
runoff, the volume and velocity of storm water runoff and the
quality of the storm water runoff necessary to prevent
pollution and to protect, maintain, reclaim and restore
waters of this Commonwealth, including:
(i) A remediation and retrofit priorities list.
(ii) A prioritized schedule for implementation and
completion of the remedial plan.
(iii) A designation of the responsible entity for
implementation of the plan and operation and maintenance
of remedial infrastructure.
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(3) Inventory of significant existing storm water
management facilities in the watershed, their engineering
design features, their ownership and maintenance
responsibility and an assessment of their functional
effectiveness.
(4) A program for public information, participation and
education.
(5) Provision for comprehensive storm water management
plan review and update at a minimum of every five years.
(6) Demonstration of or steps to achieve general
consistency with:
(i) The applicable comprehensive plans of the
municipality and county enacted under the Municipalities
Planning Code.
(ii) Other existing applicable Federal, State,
interstate, regional and county environmental and land
use plans.
(iii) Existing applicable watershed storm water
management plans, including minimum standards required by
the Storm Water Management Act.
(c) Exception.--Except as provided under this act, the
requirements and procedures in sections 6, 7, 8, 9, 10, 11 and
12 of the Storm Water Management Act shall be followed in
developing the comprehensive storm water management plan under
this section. These provisions apply to development and
implementation of the applicable plan and implementing ordinance
and regulation revisions required by this section.
(d) Design criteria and standards.--The comprehensive storm
water management plan shall identify the design criteria or
performance standard for any storm water management practice
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implemented under this section, and the county or the department
shall have no responsibility to reimburse the cost of any
practice not meeting the design criteria or performance
standard.
(e) Extension of deadline.--The department may shall extend <--
the deadline under subsection (b) for preparation of a
comprehensive storm water management plan, if upon application
by such counties for grants and reimbursements authorized under
section 608(a) to meet the requirements of this chapter, the
department determines that such grants and reimbursements are
not available. The department may extend the deadline for such
counties for compliance with subsection (b) for up to five years
from the date of the department's authorization of such grants
or reimbursements.
Section 302. Review and approval or disapproval by department.
(a) General rule.--The department may approve or disapprove
comprehensive storm water management plans in whole or in part
or with conditions that the department determines are reasonable
and appropriate.
(b) Effect of inaction by department.--Unless the department
approves, conditionally approves or disapproves the
comprehensive storm water management plan within 120 days of
receipt, the plan shall be deemed acceptable as submitted.
Section 303. Implementation of comprehensive storm water
management plans.
(a) Ordinances.--Within 12 18 months following adoption and <--
approval of a comprehensive storm water management plan, each
municipality shall adopt or amend such ordinances and
regulations, including zoning, subdivision and development,
building code and erosion and sedimentation ordinances,
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necessary to regulate development and activities and to control
storm water within the municipality in a manner consistent with
the applicable comprehensive storm water management plan,
including the remedial plan to address existing problems, and
the provisions of the Storm Water Management Act and this act.
The department may extend the deadline six months for compliance <--
with this section upon request based upon a demonstration of
need.
(b) Remedial plan.--Following adoption and approval of
comprehensive storm water management plans, the responsible
entity shall implement the remedial plan.
(c) Infrastructure implementation.--Unless otherwise
specified in a county-adopted and department-approved
comprehensive storm water management plan, infrastructure
improvements under the comprehensive storm water management plan
shall be implemented by any of the following means:
(1) Each municipality will carry out the plan within its
boundaries, either individually or by agreement with another
municipality, county or a joint agency.
(2) One or more municipalities in the watershed may
request that the county or counties in the watershed assume
responsibility for implementation of the plan. The county or
counties may assume responsibility for implementation of the
plan and operational authority for the storm water facilities
as provided for in the plan, but only for municipalities that
agree to allow the county or counties to assume
implementation responsibilities.
(3) If two-thirds of the municipalities, representing at
least 51% of the population within the watershed, through
adoption of resolutions of their governing bodies, request
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that the county or counties in the watershed assume
responsibility for implementation of the plan, then the
county or counties shall meet with the municipalities to
develop a plan of implementation, to be adopted within 12
months. The following shall apply: <--
(i) If the county or counties and municipalities do
not adopt a plan of implementation after 12 months, the
department may convene a three-person panel to be
comprised of one representative or designee appointed by
the department, one representative or designee appointed
by the county or counties and one representative or
designee appointed by the group of municipalities. The
county or counties and municipalities shall have 30 days
from the date the department convenes the panel to select
their representative or designee.
(ii) The department shall oversee the panel's
completion of the implementation plan, which shall be
adopted within six months from the panel's first meeting.
The first meeting of the panel shall be held no later
than 45 days from the date the panel is convened.
(iii) If either the county or municipalities fail to
appoint a representative or designee, the department
shall complete the plan of implementation in cooperation
with any timely appointed representative or designee. If
there are no timely appointed representatives or
designees from the county or municipalities, the
department shall complete the plan of implementation.
(iv) Failure of the county or municipalities to
comply with the final plan of implementation developed in
accordance with this subsection constitutes a violation
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of this act.
(d) Responsible entity.--Where the responsible entity fails
to timely implement the remedial plan associated with approved
and adopted comprehensive storm water management plans, the
county may implement the remedial plan.
(e) Development of model ordinances.--Within three years of
the effective date of this section, the department shall develop
a set of model ordinances, including a specific model
comprehensive storm water management ordinance, that can be used
as a guide by municipalities to adopt regulations designed to
implement the applicable comprehensive storm water management
plan.
(f) Waiver provisions.--The implementing ordinances and
regulations shall not contain a waiver provision except for
those waivers included in the model ordinance in the adopted and
approved comprehensive storm water management plan.
(g) Decisions.--The department, other Commonwealth
departments and agencies and county and municipal governments
and agencies shall consider and shall make decisions with
respect to issuance of permits, approvals or grants that are
generally consistent with comprehensive storm water management
plans prepared, adopted and approved under this act.
(h) Review and issuance procedures.--The department shall
develop procedures to coordinate the review and issuance of all
department permits, approvals or grants that cover construction,
operation and maintenance of all current and future facilities
that are necessary to implement the comprehensive storm water
management plans, including the designation of a single point of
contact for all department permits or approvals for the
facilities.
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(i) Construction.--Nothing in this act shall be construed to
relieve a county or municipality from compliance with existing
obligations under the Storm Water Management Act.
Section 304. Failure to submit and implement comprehensive
storm water management plan.
(a) Actions.-- Any person, a municipality or the department
may institute an action in mandamus to compel a county to
prepare, adopt and submit a comprehensive storm water management
plan in accordance with the Storm Water Management Act and this
act.
(b) Administrative remedies.--The department may utilize
administrative remedies, including administrative orders, or may
institute an action in mandamus to compel a county to prepare,
adopt and submit a comprehensive storm water management plan in
accordance with the Storm Water Management Act and this act.
(c) Reimbursement.--When action by the municipality or
department is required to compel a county to prepare, adopt,
submit or implement a plan, the department shall not provide
grants or reimbursements to the county for the cost of the plan.
(d) Costs and fees.--The costs, attorney fees,
administrative fees and other expenses associated with
proceedings under this section shall be recoverable from the
violator.
Section 305. Failure of municipalities to adopt ordinances and
implement plans.
(a) Procedure following approval.--Following adoption and
approval of a comprehensive storm water management plan, in
accordance with section 303(a):
(1) Any person may institute an action in mandamus to
compel a municipality to adopt implementing ordinances and to
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implement a comprehensive storm water management plan and
ordinances in accordance with the Storm Water Management Act
and this act.
(2) The county or the department may utilize
administrative remedies, including administrative orders, or
may institute an action in mandamus to compel a municipality
to adopt ordinances or to implement a comprehensive storm
water management plan in accordance with the Storm Water
Management Act and this act.
(3) When action by the county, the department or any
person is required to compel a municipality to adopt
ordinances or to implement a comprehensive storm water
management plan, the department shall not provide grants or
reimbursements to the municipality for the associated costs.
(b) Costs and fees.--The costs, attorney fees,
administrative fees and other expenses associated with
proceedings under this section shall be recoverable from the
violator.
CHAPTER 4
INTEGRATED WATER RESOURCES MANAGEMENT
PLANNING AND PROCEDURE
Section 401. Water resources management coordination and
integration.
(a) Submitting agency.--A county or multiple counties may
elect to develop integrated water resources management plans. If
a county or counties have not provided notice to the department
of the intention to develop an integrated water resources
management plan, then multiple municipalities or water resources
management authorities located in such counties may elect to
develop integrated water resources management plans in
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accordance with this act, beginning one year from the effective
date of this act.
(b) Plans.--Integrated water resources management plans may
be developed for individual or multiple watersheds, or upon
department-approved watershed-based planning areas, designated
in accordance with, but not limited to, the following
considerations:
(1) Existence of critical water planning areas.
(2) Waters listed pursuant to section 303 of the Federal
Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. §
1313(d)).
(3) Flooding history.
(4) Special protection watersheds.
(5) Current or projected population density.
(6) Current or projected rate of development.
(7) Percent of impervious cover.
(c) Minimum requirements.--Integrated water resources
management plans shall, at a minimum, be consistent with this
act and the following statutes:
(1) The Federal Water Pollution Control Act (62 Stat.
1155, 33 U.S.C. § 1251 et seq.).
(2) The Safe Drinking Water Act (Public Law 93-523, 21
U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.).
(3) The Clean Streams Law.
(4) The act of May 1, 1984 (P.L.206, No.43), known as
the Pennsylvania Safe Drinking Water Act.
(5) The Storm Water Management Act.
(6) The act of October 4, 1978 (P.L.851, No.166), known
as the Flood Plain Management Act.
(7) The act of January 24, 1966 (1965 P.L.1535, No.537),
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known as the Pennsylvania Sewage Facilities Act.
(8) The act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act.
(9) The Water Resources Development Act of 1986 (Public
Law 99-662, 33 U.S.C. § 2213(j)).
(10) The act of June 24, 1939 (P.L.842, No.365),
referred to as the Water Rights Law.
(11) The act of May 15, 1945 (P.L.547, No.217), known as
the Conservation District Law.
(12) The Municipalities Planning Code.
(13) The provisions of 53 Pa.C.S. Ch.56 (relating to
municipal authorities).
(14) The provisions of 3 Pa.C.S. Ch. 5 (relating to
nutrient management and odor management).
(15) Any other applicable Federal or State law as
determined by the department.
(d) Entities.--Entities which elect to undertake integrated
water resources management planning shall do so in accordance
with this act.
(e) Compliance.--If an entity elects to undertake integrated
water resources management planning and the plan is approved by
the department in accordance with this act, the entity is deemed
to have satisfied the procedural and substantive planning
requirements of the acts listed in subsection (c) that impose
planning requirements.
Section 402. Integrated water resources management planning
process.
(a) Boundaries.--Integrated water resource management plans
shall be based upon the boundaries described in plans developed
in accordance with section 401(b), unless an alternate
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watershed-based planning area is approved by the department for
good cause shown.
(b) Development.--Public participation in the development of
the integrated water resources management plan shall be provided
as follows:
(1) An integrated water resources management plan
advisory committee, composed of one representative appointed
by the governing body of each municipality in the watershed-
based planning area, the county and any county conservation
district in the planning area watershed, any compact basin
commission in the planning area watershed and other agencies
and groups, as are necessary and proper, shall be established
to advise the submitting agency throughout the process.
(2) Prior to adoption, the plan shall be reviewed by the
official planning agency, if one exists, and governing body
of each municipality and county and by each regional planning
agency in the watershed for general consistency with other
plans and programs affecting the watershed-based planning
area. All such reviews and the submitting agency's responses
shall be submitted to the department with the plan at the
time a review of the plan is requested from the department.
(3) Prior to adoption or amendment of the plan,
reasonable public notice shall be given at least 14 days
prior to the hearing, and a public hearing shall be held
within the watershed-based planning area.
(c) Adoption.--Adoption or amendment by the submitting
agency of the integrated water resources management plan shall
be by resolution of the governing body or bodies of the agency
or agencies identified in subsection (b), which have authorized
development of the plan.
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(d) Approval by department.--The following shall apply:
(1) Prior to adoption or substantive amendment, the
submitting agency shall submit the integrated water resources
management plan to the department for review. The department
shall approve or conditionally approve the plan if it
determines that it is generally consistent with the
following:
(i) Section 401(c).
(ii) All current approved watershed restoration and
protection plans that have been developed in the planning
area.
(iii) All current approved total maximum daily loads
(TMDLs) for waters of the planning area.
(iv) All current source water protection plans that
have been adopted in the planning area.
(v) All current rivers conservation plans in the
watershed-based planning area that have been approved by
the Department of Conservation and Natural Resources.
(vi) All current critical area resource plans that
have been approved by the department.
(vii) All current applicable water resources plans
adopted by a river basin commission.
(2) Unless the department approves, conditionally
approves or disapproves the integrated water resources
management plan within 120 days of receipt, the plan will be
deemed acceptable as submitted.
(3) If the department determines that the proposed
integrated water resources management plan will not meet the
requirements of this act, the department will disapprove the
plan in writing, which writing shall identify the basis for
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disapproval.
(4) The integrated water resources management planning
area, either based upon the boundaries described in plans
developed in accordance with the Storm Water Management Act
or an alternate watershed-based planning area approved by the
department, shall be considered a reasonable geographic area
in a multimunicipal comprehensive plan prepared pursuant to
Article XI of the Municipalities Planning Code as long as the
county or multiple municipalities follow the procedures in
Article XI of the Municipalities Planning Code.
(e) Design criteria and standards.--The integrated water
management plan shall identify the design criteria or
performance standard for any water management practice
implemented under this section, and the county or the department
shall have no responsibility to reimburse the cost of any
practice not meeting the design criteria or performance
standard.
Section 403. Integrated water resources management plan
requirements.
(a) Local authorization.--The following shall apply:
(1) The submitting agency may develop an integrated
water resources management plan as described in this section.
If all counties or municipalities in the watershed do not
agree to develop the plan, the plan shall use standards at
the boundaries of the nonparticipating county or
municipalities that are consistent with the integrated water
resources management plan.
(2) Federal lands shall be included in the integrated
water resources management plan in consultation with the
United States Department of the Interior.
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(3) State lands shall be included in the integrated
water resources management plan in consultation with the
appropriate State agency.
(4) The integrated water resources management plan shall
be generally consistent with comprehensive plans of counties
and municipalities enacted under the Municipalities Planning
Code.
(5) A comprehensive plan of a county or a municipality
enacted under the Municipalities Planning Code, subsequent to
adoption of this act, shall be generally consistent with the
integrated water resources management plan approved under
this act that applies to the county or municipality.
(6) An integrated water resources management plan
adopted on a multimunicipal basis pursuant to this act shall
constitute the water planning required pursuant to section
301(a)(4) of the Municipalities Planning Code and shall be
considered a plan for the reliable supply of water pursuant
to section 301(b) of the Municipalities Planning Code if it
is a component of a multimunicipal comprehensive plan
prepared pursuant to Article XI of the Municipalities
Planning Code, as long as the county or multiple
municipalities follow the procedures in Article XI of the
Municipalities Planning Code.
(b) Plan content.--The integrated water resources management
plan, at a minimum, shall:
(1) Coordinate the planning provisions in and
demonstrate consistency with Federal and State statutes and
programs identified in section 401(a).
(2) Delineate the approved watershed-based planning area
boundary.
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(3) Inventory all existing and planned water and
wastewater treatment systems and service areas and all
significant water resources management facilities within the
watershed, their ownership and the parties responsible for
their operation and maintenance and provide an assessment of
the functional effectiveness of such systems and facilities.
(4) Estimate current and future water demands.
(5) Identify all local conservation areas such as
protected riparian corridors, conservation easements,
wellhead and source water protection areas, preserved
farmland, greenways, publicly owned land and other areas that
have land-use restrictions based on natural conditions.
(6) Identify all environmentally sensitive features of
the watershed, such as wetlands, habitat for rare and
endangered plant and animal species, special protection
waters and karst geology.
(7) Identify and consider all current storm water
management and watershed protection and restoration plans
that have been prepared by citizen groups, nonprofit
organizations, conservation districts, county and municipal
governments and Federal, State, interstate or regional
agencies.
(8) Identify and describe all existing regionally
significant water quality problems and water resources
management problems within the watershed, including those
caused by domestic or industrial wastewater, nonpoint sources
of pollution, water availability and storm water and
floodplain management problems.
(9) Project future land-use changes over a ten-year
period based on population estimates, anticipated
20090HB1390PN3014 - 29 -
development, planning and zoning requirements, economic
considerations and public infrastructure.
(10) Identify and evaluate alternatives for future water
demands, including water supply and wastewater demands.
(11) Identify, evaluate and prioritize management
practices, procedures and other strategies to protect,
maintain, reclaim, restore and enhance water quality and
water resources based on existing conditions and projected
growth and land use changes.
(12) Designate the responsible entity for implementation
of the plan and for operation and maintenance of water
quality protection and water resources management facilities,
such as wastewater treatment plants and community or
individual storm water control facilities.
(13) Identify and evaluate potential water conservation
and reuse measures.
(14) Identify and evaluate source water protection
alternatives.
(15) Identify financing alternatives, including rate
structures for fees and assessments to implement the plan.
(16) Present selected financing methods and priorities.
(17) Present a prioritized schedule and process for plan
implementation.
(18) Establish a program for public participation,
information and education.
(19) Provide for plan reviews and updates on a minimum
five-year cycle.
(20) Provide model ordinances for plan implementation.
(c) Additional issues.--The integrated water resources
management plans may address additional issues, including the
20090HB1390PN3014 - 30 -
following:
(1) Preventing increased flood stages in streams.
(2) Controlling the quantity, peak and volume,
direction, rate and velocity of storm water runoff and
subsurface drainage and the quality thereof consistent with
State water quality standards.
(3) Improving groundwater recharge.
(4) Maximizing the opportunities for integration of
water resources management and protection under the existing
laws and regulations.
(5) Creating water resources management corridors
pursuant to section 405.
(6) Supporting ecologically sustainable water
management, sustainable water supplies, water conservation,
surface and groundwater management, development of resource
strategies, providing for long-term infrastructure investment
strategies, evaluating environmental impacts and options and
evaluating economic impacts and options.
Section 404. Implementation of integrated water resources
management plans.
(a) Requirements.--Within 180 days of the department's
approval of an integrated water resources management plan, each
county and municipality within the area subject to the plan
shall:
(1) Adopt or amend ordinances and regulations, including
zoning, subdivision and development, building code, erosion
and sedimentation and storm water ordinances, as are
necessary to regulate development and local activities in a
manner consistent with the applicable approved plan and the
provisions of this act.
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(2) Implement ordinances and regulations, including
zoning, subdivision and development, building code, erosion
and sedimentation and storm water ordinances, as are
necessary to regulate development and local activities in a
manner consistent with the applicable approved plan and the
provisions of this act.
(b) Infrastructure implementation.--Infrastructure
improvements under an integrated water resources management plan
shall be implemented through any of the following:
(1) A municipality will carry out the plan within its
boundaries, either individually or by agreement with another
municipality or county or a joint agency.
(2) One or more municipalities in the watershed may
request that the county or counties in the watershed assume
responsibility for implementation of the plan. The county or
counties may assume responsibility for implementation of the
plan and operational authority for the water resources
management facilities provided for in the plan, but only for
municipalities that agree to allow the county or counties to
assume implementation responsibilities.
(3) If two-thirds of the municipalities, representing at
least 51% of the population within the watershed, through
adoption of resolutions of their governing bodies, request
that the county or counties in the watershed assume
responsibility for implementation of the plan, then the
county or counties shall meet with the municipalities to
develop a plan of implementation to be adopted within 12
months. The following shall apply: <--
(i) If the county or counties and municipalities do
not adopt a plan of implementation after 12 months, the
20090HB1390PN3014 - 32 -
department may convene a three-person panel to be
comprised of one representative or designee appointed by
the department, one representative or designee appointed
by the county or counties and one representative or
designee appointed by the group of municipalities. The
county or counties and municipalities shall have 30 days
from the date the department convenes the panel to select
their representative or designee.
(ii) The department shall oversee the panel's
completion of the implementation plan, which shall be
adopted within six months from the panel's first meeting.
The first meeting of the panel shall be held no later
than 45 days from the date the panel is convened.
(iii) If either the county or municipalities fail to
appoint a representative or designee, the department
shall complete the plan of implementation in cooperation
with any timely appointed representative or designee. If
there are no timely appointed representatives or
designees from the county or municipalities, the
department shall complete the plan of implementation.
(iv) Failure of the county or municipalities to comply
with the final plan of implementation developed in accordance
with this subsection constitutes a violation of this act.
(c) Development of model ordinances.--Within 180 days of the
effective date of this section, the department will develop a
set of model ordinances, including a specific model integrated
water resources management ordinance, that can be used as a
guide by local governments to adopt regulations designed to
implement their integrated water resources management plan.
(d) Waiver.--The implementing ordinances and regulations
20090HB1390PN3014 - 33 -
shall not contain a waiver provision except for those waivers
included in the model ordinance in the adopted and approved
integrated water resources management plan.
(e) Permits, approvals or grants.--The department, other
Commonwealth departments and agencies and county and municipal
governments and agencies shall consider and shall make decisions
with respect to issuance of permits, approvals or grants that
are generally consistent with integrated water resources
management plans adopted under this act.
(f) Review and issuance procedures.--The department shall
develop procedures to coordinate the review and issuance of all
department permits, approvals or grants that cover construction,
operation and maintenance of all current and future facilities
that are necessary to implement the integrated water resources
management plans, including the designation of a single point of
contact for all department permits or approvals for such
facilities.
(g) County implementation.--Where the responsible entity
fails to timely implement the approved and adopted integrated
water resources management plan, the county may implement the
approved integrated water resources management plan.
Section 405. Water resources management corridors.
(a) Additional limitations.--Integrated water resources
management plans may establish water resources management
corridors to provide additional limitations on activities and
development for protection of waters of this Commonwealth, and
in the interest of public health and safety, those designated as
special protection under the department's rules and regulations,
critical riparian areas, including minimum riparian buffers,
wetlands, critical habitat areas and floodplain management
20090HB1390PN3014 - 34 -
areas.
(b) Protection of corridors.--The submitting agency shall
ensure that water resources management corridors are protected
through acquisition, easements, trusts or other appropriate
legal instruments that guarantee forested buffering, building
setbacks and reasonable and appropriate public access.
(c) Adjacent watersheds.--Development of integrated water
resources management plans established for adjacent watersheds,
which contain water resources management corridors, shall be
coordinated by submitting agencies to ensure consistency among
water resources management corridors.
Section 406. Failure of municipalities to adopt implementing
ordinances.
(a) Procedures.--Following adoption and approval of an
integrated water resources management plan:
(1) A county or the department may institute an action
in mandamus to compel a municipality to adopt implementing
ordinances and to implement an integrated water resources
management plan and ordinances in accordance with this act.
(2) The county or department may utilize administrative
remedies, including administrative orders, or may institute
an action in mandamus to compel a municipality to adopt
ordinances or to implement an integrated water resources
management plan in accordance with this act.
(3) When action by the county or department or any
person is required to compel a municipality to adopt
ordinances or to implement an integrated water resources
management plan, the department shall not provide grants or
reimbursements to the municipality for the associated costs.
(b) Costs and fees.--The costs, attorney fees and
20090HB1390PN3014 - 35 -
administrative fees and other expenses associated with
proceedings under this section shall be recoverable from the
violator.
CHAPTER 5
WATER RESOURCES MANAGEMENT AUTHORITIES
Section 501. Water resources management authorities.
(a) Authorities.--A county or multiple counties may elect to
create a water resources management authority where there is no <--
authority created pursuant to 53 Pa.C.S. Ch. 56 (relating to
municipal authorities) within the jurisdiction or expand the
scope of an existing authority to undertake powers and duties as
may be delegated by the incorporating municipality pursuant to
this act. If a county or counties have not provided notice to
the department of the intention to create a water resources
management authority or expand the scope of an existing <--
authority in accordance with this act, multiple municipalities
located in a county or counties may create a water resources
management authority or expand the scope of an existing <--
authority in accordance with this act, beginning one year from
the effective date of this section.
(b) Creation or expansion of water resources management <--
authorities.--A county or multiple counties or multiple
municipalities which have assumed or plan to assume
responsibility for the development, implementation and
administration of comprehensive storm water management plans or
an integrated water resources management plan shall have the
right to incorporate as a water resources management authority
pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal <--
authorities) for the purposes set forth under 53 Pa.C.S. § 5607
(relating to purposes and powers) relating to projects of the
20090HB1390PN3014 - 36 -
kind and character set forth below:
(1) Comprehensive storm water planning, collection,
treatment, remedial plan implementation and infrastructure
management and parts thereof, including regulation, operation
and maintenance, repair, replacement, reconstruction and
expansion pursuant to the Storm Water Management Act and this
act.
(2) Integrated water resources management in accordance
with plans adopted and approved under this act.
(c) Transfer of authority and obligation to operate and
maintain water resources management best management practices to
water authorities.--Transfer of authority shall be conducted as
follows:
(1) The authority and obligation to operate and maintain
water resources management best management practices,
including comprehensive storm water management or integrated
water resources management best management practices on
private lands, may be transferred to the county or water
resources management authority at their discretion. Whether
transferred or not, the operation and maintenance shall be
consistent with the design standards, criteria, schedules and
other requirements established under the comprehensive storm
water management or integrated water resources management
plans.
(2) All transferred obligations shall be subject to an
easement for maintenance and inspection access.
Section 502. Additional powers and duties of water resources
management authorities.
(a) Exceptions.--Except as provided by this act, the
requirement and procedures in 53 Pa.C.S. § 5607 (relating to
20090HB1390PN3014 - 37 -
purposes and powers) shall be followed in developing the rates
and fees and the process for assessing and collecting such fees.
(b) Fee authorization.--In addition to the authority
provided in 53 Pa.C.S. § 5607, the water resources management
authority may levy a fee on property owners, users or consumers
of the services provided by the authority to pay for all costs
associated with planning, implementation, administration and
enforcement under the Storm Water Management Act or this act,
and including the authority to:
(1) Fix, alter, charge and collect fees in the area
served by the water resource management authority, in order
to carry out the powers and duties authorized under this act,
including preparation of integrated water resources
management plans and their implementation and the acquisition
or construction of storm water or water resources management
facilities in the watershed or watershed-based planning area.
The fee may be based, in whole or in part, as a user or
service fee, special assessment fee, impact fee, bonding or
other fee for services. Such fees and charges shall be based
on estimates of revenues required to pay the costs of
preparation, administration, implementation, revision and
enforcement of department-approved comprehensive storm water
management plans or integrated water resources management
plans, or both if applicable, including administration, debt
service on obligations to finance the storm water or water
resources management facilities, operation and maintenance
costs incurred by the water resources management authority
and reimbursement of costs to counties and municipalities.
(2) Collect delinquent fees in accordance with the act
of May 16, 1923 (P.L.207, No.153), referred to as the
20090HB1390PN3014 - 38 -
Municipal Claim and Tax Lien Law.
(3) Revenues from fees and charges collected in
accordance with this section shall be deposited in separate
revenue funds of the water resources management authorities
and shall not be used for purposes other than storm water or
integrated water resources management in accordance with
department-approved plans.
(4) Borrow money, make and issue negotiable notes,
bonds, refunding bonds and other evidences of indebtedness or
bonds of the agency which may not have a maturity date longer
than 40 years from the date of issue.
(5) Secure payment of the bonds or any part thereof by
pledge or deed of trust of all or any of its revenues and
receipts and make agreements with the purchasers or holders
of bonds or with others in connection with any bonds, whether
issued or to be issued.
(6) Use any available Federal or State funds, and any
other funds, and set up accounts as necessary to implement
the provisions of this act.
(7) Include in the rate or fee structure costs
associated with planning, design, construction and operation
of capital facilities, including the development of
maintenance schedules.
(8) Receive impact fees or participation costs and
maintenance bonds or other contributions related to provision
of water resources management services.
(c) Reimbursement of implementation and maintenance costs.--
The following shall apply to reimbursement:
(1) A county or municipality shall be reimbursed by the
water resources management authority for reasonable costs
20090HB1390PN3014 - 39 -
that support the comprehensive storm water management plan or
integrated water resources plan implementation,
administration and maintenance under subsection (b)(1) and
(2).
(2) Reimbursement shall not include costs related to
sanitary sewage facilities.
(3) The water resources management authority shall have
the right to audit the county's or municipalities' costs of
implementation and maintenance for which reimbursement is
sought.
(4) Nothing in this section shall be construed to limit
or impair application of this act to any county, municipality
or person, or to relieve any county, municipality or person
of duties required under this act, including preparation and
implementation of plans.
(d) Design criteria and standards.--The comprehensive storm
water management plan or integrated water resources management
plan shall identify the design criteria or performance standard
for any storm water management practice implemented under this
section, and the county shall have no responsibility to
reimburse the cost of any practice not meeting the design
criteria or performance standard.
(e) Maintenance of storm water practices or integrated water
resources management facilities.--Continuing maintenance of
storm water or water resources management practice shall be the
responsibility of the water resources management authority
implementing the practice under subsection (b)(1) and (2) unless
there is specific agreement otherwise between the authority and
the implementing party.
(f) Objections.--Any resident, owner of real property or
20090HB1390PN3014 - 40 -
person in the plan area questioning the rate or fees fixed by
the county, including extensions of service thereof, shall first
raise such objections with the county or the water resources
management authority, as the case may be. After exhausting their
administrative remedies, persons may bring suit against the
water resources management authority or county in the court of
common pleas of the county in which the principal office of the
water resources management authority is located.
CHAPTER 6
RIGHTS, REMEDIES, FUNDING AND ENFORCEMENT
Section 601. Duty of persons engaged in development of land.
Any landowner and any person engaged in any activity,
alteration or development of land which may affect water
resources or storm water runoff characteristics shall:
(1) Manage rate, volume, velocity, direction and quality
of runoff so as to:
(i) Prevent pollution to waters of this Commonwealth
as defined in the Clean Streams Law.
(ii) Protect safety and prevent injury to health and
other property.
(2) Ensure that the maximum rate of storm water runoff
is not increased.
(3) Where there are applicable comprehensive storm water
management plans or integrated water resources management
plans, implement such measures consistent with the provisions
in the applicable plans as are reasonably necessary to
protect, maintain, reclaim and restore waters of this
Commonwealth and to prevent injury to health, safety or
property.
Section 602. Funding and imposing fees on tax-exempt property.
20090HB1390PN3014 - 41 -
(a) General rule.--Except as provided under subsection (b),
real property that is exempt from the payment of real estate tax
shall be subject to the fees and charges imposed in accordance
with this act.
(b) Exempt property.--The following property shall be exempt
from the fees imposed by this act:
(1) Property owned by a political subdivision, county or
municipality.
(2) Property owned by an authority.
Section 603. Entry upon land for surveys and examinations.
(a) Representatives.--Designated representatives of the
Commonwealth or a county, municipality or authority, upon
serving a reasonable notice and with the authorization of the
landowner or occupier, may enter upon lands in the plan area to
make surveys and examinations to accomplish the planning
purposes of this act.
(b) Inspections.--The department is authorized to make
inspections, conduct tests or sampling or examine books, papers
and records pertinent to any matter under investigation pursuant
to this act as it deems necessary to determine compliance with
this act, and, for this purpose, the duly authorized agents and
employees of the department are authorized at all reasonable
times to enter and examine any property, facility, operation or
activity.
(c) Agents and employees.--The owner, operator or other
person in charge of property, facilities, operations or
activities where storm water or integrated water resources
management facilities are located shall, upon presentation of
proper identification and purpose for inspection, give agents
and employees of the department free and unrestricted entry and
20090HB1390PN3014 - 42 -
access, and, upon refusal to grant entry or access, the agent or
employee may obtain a search warrant or other suitable order
authorizing entry and inspection. It shall be sufficient
probable cause to issue a search warrant authorizing examination
and inspection if there is probable cause to believe that the
object of the investigation is subject to regulation under this
act and access, examination or inspection is necessary to
enforce the provisions of this act.
Section 604. Preservation of existing rights and remedies.
The taking of any action under the provisions of this act
shall not be construed as estopping the Commonwealth or any
county, municipality or aggrieved person from proceeding in
courts of law or equity to abate nuisances under existing law or
to restrain, at law or in equity, a violation of this act.
Section 605. Civil remedies.
(a) Public nuisance.--Any activity conducted in violation of
the provisions of this act or of any comprehensive storm water
management plan or integrated water resources management plan or
regulations or ordinances adopted under this act is hereby
declared a public nuisance.
(b) Actions.--
(1) Suits to restrain, prevent or abate violations of
this act or of any comprehensive storm water management plan,
integrated water resources management plan, regulations or
ordinances adopted under this act may be instituted in equity
or at law by the department, any affected county or
municipality or any aggrieved person in any court of
competent jurisdiction.
(2) Except in cases of emergency where, in the opinion
of the court, the circumstances of the case require immediate
20090HB1390PN3014 - 43 -
abatement of the unlawful conduct, the court may, in its
decree, fix a reasonable time during which the person
responsible for the unlawful conduct shall correct or abate
the conduct.
(3) The costs, attorney fees, administrative fees and
other expenses associated with proceeding under this section
shall be recoverable from the violator.
(c) Any person injured by conduct which violates the
provisions of this act may, in addition to any other remedy
provided under this act, recover damages caused by a violation
from the landowner or other responsible person.
Section 606. Administrative procedure and judicial review.
(a) Appeal of action of department.--Any person aggrieved by
any action of the department under this act shall have the right
within 30 days of receipt of notice of such action to appeal to
the Environmental Hearing Board.
(b) Appeal of action of political subdivision.--Any person
aggrieved by any action of a county, municipality or water
resources management authority under this act shall have a right
to appeal in accordance with 2 Pa.C.S. Chs. 5 (relating to
practice and procedure) and 7 (relating to judicial review).
Section 607. Integrated Water Resources Management Account.
All fees collected by the department under this act shall be
paid into the State Treasury into a special restricted receipt
account in the General Fund, known as the Integrated Water
Resources Management Account, which shall be administered by the
department to implement the purposes of this act and which funds
are hereby appropriated to the Department of Environmental
Protection for such purposes.
Section 608. Grants and reimbursements.
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(a) Grants.--The department may administer grants to
counties and water resources management authorities to assist or
reimburse the counties, municipalities and the water resources
management authorities for allowable costs in preparing the
initial comprehensive storm water management plans and
integrated water resources management plans under this act.
Grants and reimbursements shall be made from, and to the extent
of, funds appropriated by the General Assembly for such purposes
and shall be made in accordance with rules and regulations
promulgated or amended by the Environmental Quality Board.
(b) Limitation.--The grants shall equal 75% of the allowable
costs under this act.
(c) State grants.--For purposes of this section, State
grants shall be in addition to grants for similar purposes made
to any county or authority by the Federal Government, or other
sources, provided that the grants authorized by this section
shall be limited such that the total of all State grants does
not exceed 75% of allowable costs under this act.
(d) Applicability.--Nothing in this section shall be
construed to impair or limit application of this act to any
municipality, county, water resources management authority or
person or to relieve any municipality, county, water resources
management authority or person of duties imposed under this act.
(e) Report by department.--If, in any fiscal year,
appropriations are insufficient to cover the costs or grants and
reimbursement to all municipalities, counties and water
resources management authorities eligible for grants and
reimbursements in that fiscal year, the department shall report
that fact to the General Assembly and shall request
appropriation of funds necessary to provide the grants and
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reimbursements authorized under this section. If a deficiency
appropriation is not enacted, any municipality, county or water
resources management authority which has not received the full
amount of the grant or reimbursement for which it is eligible
under this section shall be, as a first priority, reimbursed
from appropriations made in the next successive fiscal year.
(f) Reimbursement of expenses.--Municipalities located in
watershed-based planning areas for which comprehensive storm
water management or integrated water resources management plans
have been prepared or updated and adopted by counties and
approved by the department shall be eligible for annual
reimbursement equal to 75% of net expenses incurred in the
adoption or revision of ordinances or regulations and other
actual administrative, enforcement and implementation costs
incurred in complying with this act and the applicable approved
plans for the first five years after adoption of plans and
approval by the department.
(g) Notwithstanding the grant and reimbursement limitations
in subsections (a) and (f), where implementation and maintenance
of the plans and other requirements of this act cannot be
sustained by funding generated by water resource authorities,
the Commonwealth may supplement funding through payments not to
exceed 75% of allowable costs.
Section 609. Waiver of use of grant and loan funds.
A municipality, county or authority receiving grants or loans
from the Commonwealth or its agencies for the construction or
repair of any storm water BMP or flood control projects where
the Commonwealth's funds are restricted from paying for the
acquisition of property, a right-of-way or property removal or
demolition necessary for the completion of a project may receive
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a waiver to spend up to 5% of the grant or loan for these
activities upon the approval of the appropriate Commonwealth
agency.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Repeals.
(a) Intent.--The General Assembly declares that the repeal
under subsection (b) is necessary to effectuate the addition of
this act.
(b) Provision.--Sections 9(b) and 14(b) of the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act, are repealed.
(c) General.--All other acts and parts of acts are repealed
insofar as they are inconsistent with this act.
Section 702. Effective date.
This act shall take effect in 60 days.
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