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| PRIOR PRINTER'S NO. 1703 | PRINTER'S NO. 3014 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 15, 2009 |
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| AN ACT |
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1 | Updating and expanding the storm water planning requirements to |
2 | be undertaken by counties; authorizing counties to regulate |
3 | storm water within a watershed-based planning area; |
4 | authorizing the formation of water resources management |
5 | authorities; enabling counties, municipalities and water |
6 | resources management authorities to develop integrated water |
7 | resources management plans; imposing duties and conferring |
8 | powers on the Department of Environmental Protection, the |
9 | Environmental Quality Board, counties, municipalities and |
10 | water resources management authorities; providing for |
11 | financing and for waiver of use for certain grant or loan |
12 | funds; and making related repeals. |
13 | TABLE OF CONTENTS |
14 | Chapter 1. General Provisions |
15 | Section 101. Short title. |
16 | Section 102. Legislative findings. |
17 | Section 103. Purpose. |
18 | Section 104. Definitions. |
19 | Chapter 2. Powers and Duties |
20 | Section 201. Powers and duties of counties. |
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1 | Section 202. Powers and duties of department and Environmental |
2 | Quality Board. |
3 | Section 203. Powers and duties of municipalities. |
4 | Section 204. Powers and duties of water resources management |
5 | authorities. |
6 | Chapter 3. Comprehensive Storm Water Management Planning |
7 | Section 301. Comprehensive storm water planning and management |
8 | requirements. |
9 | Section 302. Review and approval or disapproval by department. |
10 | Section 303. Implementation of comprehensive storm water |
11 | management plans. |
12 | Section 304. Failure to submit or implement comprehensive storm |
13 | water management plan. |
14 | Section 305. Failure of municipalities to adopt ordinances and |
15 | implement plans. |
16 | Chapter 4. Integrated Water Resources Management Planning and |
17 | Procedure |
18 | Section 401. Water resources management coordination and |
19 | integration. |
20 | Section 402. Integrated water resources management planning |
21 | process. |
22 | Section 403. Integrated water resources management plan |
23 | requirements. |
24 | Section 404. Implementation of integrated water resources |
25 | management plans. |
26 | Section 405. Water resources management corridors. |
27 | Section 406. Failure of municipalities to adopt implementing |
28 | ordinances. |
29 | Chapter 5. Water Resources Management Authorities |
30 | Section 501. Water resources management authorities. |
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1 | Section 502. Additional powers and duties of water resources |
2 | management authorities. |
3 | Chapter 6. Rights, Remedies, Funding and Enforcement |
4 | Section 601. Duty of persons engaged in development of land. |
5 | Section 602. Funding and imposing fees on tax-exempt property. |
6 | Section 603. Entry upon land for surveys and examinations. |
7 | Section 604. Preservation of existing rights and remedies. |
8 | Section 605. Civil remedies. |
9 | Section 606. Administrative procedure and judicial review. |
10 | Section 607. Integrated Water Resources Management Account. |
11 | Section 608. Grants and reimbursements. |
12 | Section 609. Waiver of use of grant and loan funds. |
13 | Chapter 7. Miscellaneous Provisions |
14 | Section 701. Repeals. |
15 | Section 702. Effective date. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | CHAPTER 1 |
19 | GENERAL PROVISIONS |
20 | Section 101. Short title. |
21 | This act shall be known and may be cited as the Integrated |
22 | Water Resources Restoration, Protection and Management Act. |
23 | Section 102. Legislative findings. |
24 | The General Assembly finds that: |
25 | (1) Inadequate management of storm water runoff and the |
26 | insufficient planning, coordination and integration of |
27 | regulatory programs associated with water resources |
28 | management activities causes increased flood flows and |
29 | velocities, contributes to accelerated erosion and |
30 | sedimentation, overtaxes the carrying capacity of streams and |
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1 | storm sewers, greatly increases the cost of public facilities |
2 | to carry and control storm water and wastewater, undermines |
3 | flood plain management and flood control efforts in |
4 | downstream communities, reduces groundwater recharge, |
5 | diminishes the quality and quantity of water supplies and |
6 | threatens the environment, public health, safety and |
7 | property. |
8 | (2) The act of October 4, 1978 (P.L.864, No.167), known |
9 | as the Storm Water Management Act, is not sufficiently |
10 | comprehensive to address the needs of this Commonwealth. |
11 | While the act provides a basis for storm water management |
12 | planning by counties on a watershed basis, additional |
13 | provisions are needed in addition to the Storm Water |
14 | Management Act requirements to provide integrated and |
15 | thorough planning and management of water resources in |
16 | watershed-based planning areas and to address current and |
17 | past water resources management problems, as well as |
18 | prospective and ongoing development. |
19 | (3) A comprehensive, integrated approach to water |
20 | resources management, building on the protections established |
21 | under the act of June 22, 1937 (P.L.1987, No.394), known as |
22 | The Clean Streams Law, including reasonable regulation of |
23 | development and activities causing adverse impacts to waters |
24 | of this Commonwealth, is fundamental to public health, safety |
25 | and welfare and protection of the citizens of this |
26 | Commonwealth, their resources and the environment. |
27 | (4) Adequate management of this Commonwealth's water |
28 | resources requires additional legal mechanisms for |
29 | coordination and integration of water resources management |
30 | planning among State agencies and county and municipal |
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1 | governments. |
2 | (5) Dedicated funding is needed to develop and implement |
3 | integrated water resources management plans to protect, |
4 | maintain, reclaim and restore this Commonwealth's water |
5 | resources and the environment and to protect public health, |
6 | safety and property. |
7 | Section 103. Purpose. |
8 | The purpose of this act is to: |
9 | (1) Provide for more comprehensive storm water planning |
10 | and management, building on the framework found in the act of |
11 | October 4, 1978 (P.L.864, No.167), known as the Storm Water |
12 | Management Act, and implementing the act of June 22, 1937 |
13 | (P.L.1987, No.394), known as The Clean Streams Law, to |
14 | authorize planning for and remediation of storm water- |
15 | associated problems and integrating related water resources |
16 | management programs. |
17 | (2) Restore, reclaim, protect and maintain the water |
18 | quality, quantity and natural hydrologic regime; regulate |
19 | and, where appropriate, restrict development in the floodways |
20 | and floodplains of this Commonwealth's rivers and streams; |
21 | preserve the carrying capacity of watercourses; and protect, |
22 | maintain, reclaim and restore surface waters and groundwaters |
23 | of this Commonwealth. |
24 | (3) Protect the natural resources, environmental rights |
25 | and values secured by the Constitution of Pennsylvania. |
26 | (4) Authorize counties to undertake and enforce |
27 | comprehensive, ecologically sustainable and consistent water |
28 | resources management planning; consolidate and coordinate |
29 | governmental resources; and establish a dedicated, stable and |
30 | tailored funding source. If a county does not elect to |
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1 | undertake such integrated water resources planning or |
2 | management, municipalities or water resources management |
3 | authorities are authorized to undertake these activities. |
4 | (5) Encourage the regional implementation of integrated |
5 | water resources management plans within watershed-based |
6 | planning areas to preserve and protect areas from the adverse |
7 | effects of fragmented planning related to water resources |
8 | protection, water infrastructure, wet weather and wastewater |
9 | management, storm water runoff and subsurface drainage. |
10 | (6) Authorize the creation of water resources management |
11 | authorities to enable counties and municipalities to |
12 | regulate, manage, operate and maintain activities, facilities |
13 | and development that may affect storm water runoff or water |
14 | resources within watershed-based planning areas; regulate, |
15 | implement and manage comprehensive storm water management |
16 | plans or integrated water resources management plans within |
17 | watershed-based planning areas; and undertake the planning |
18 | related thereto under this act when appropriate. |
19 | (7) Encourage water resources management authorities to |
20 | utilize a comprehensive integrated water resources approach |
21 | for water resources protection, maintenance and improvement, |
22 | including quantity and quality, and other environmental |
23 | benefits. |
24 | (8) Authorize dedicated funding to develop and implement |
25 | updated, expanded and comprehensive storm water planning and |
26 | management, as well as to develop and implement integrated |
27 | water resources management plans to protect, maintain, |
28 | reclaim and restore this Commonwealth's water resources and |
29 | to protect public health, safety, property and the |
30 | environment. |
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1 | Section 104. Definitions. |
2 | The following words and phrases when used in this act shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Allowable costs." Reasonable expenses associated with |
6 | preparation, administration, implementation, revision and |
7 | enforcement of department-approved comprehensive storm water |
8 | management plans, integrated water resources management plans, |
9 | and ordinances adopted pursuant to such plans, and including |
10 | storm water or integrated water resource management best |
11 | management practice operation and maintenance. |
12 | "Best management practices." Activities, facilities, |
13 | measures or procedures used to protect, maintain, reclaim and |
14 | restore the quantity and quality of waters and uses within this |
15 | Commonwealth. |
16 | "Bonds." The notes, bonds and other evidence of indebtedness |
17 | or obligations which are authorized to be issued under section |
18 | 502. |
19 | "Clean Streams Law." The act of June 22, 1937 (P.L.1987, |
20 | No.394), known as The Clean Streams Law. |
21 | "Comprehensive storm water management plan." A storm water |
22 | management plan developed in accordance with act of October 4, |
23 | 1978 (P.L.864, No.167), known as the Storm Water Management Act, |
24 | and the requirements of Chapter 3. |
25 | "Critical water planning area." An area identified under 27 |
26 | Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents). |
27 | "Department." The Department of Environmental Protection of |
28 | the Commonwealth. |
29 | "Infrastructure." Structural elements, structural and |
30 | nonstructural management practices and operating procedures that |
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1 | support drinking water, wastewater, storm water, floodplain and |
2 | other water resources management activities. |
3 | "Integrated water resources management." Implementation of |
4 | multiple statutory and regulatory planning obligations related |
5 | to the water resources of this Commonwealth. |
6 | "Integrated water resources management plan." A plan |
7 | containing all of the elements prescribed under the act of |
8 | October 4, 1978 (P.L.864, No.167), known as the Storm Water |
9 | Management Act, and the additional requirements of Chapters 3 |
10 | and 4 which includes proposals for regulating activities and |
11 | development that may affect water resources and wastewater |
12 | management within the planning area. |
13 | "Land development." The subdivision of land, or the |
14 | improvement of one or more lots, tracts or parcels of land for |
15 | any purpose. |
16 | "Municipalities Planning Code." The act of July 31, 1968 |
17 | (P.L.805, No.247), known as the Pennsylvania Municipalities |
18 | Planning Code. |
19 | "Municipality." A city, borough, town, township or another |
20 | governmental unit when acting as an agent thereof or any |
21 | combination of these acting jointly. |
22 | "Recharge." The process by which water is absorbed and is |
23 | added to the zone of saturation of a groundwater aquifer. The |
24 | term includes the quantity of water that is added to the zone of |
25 | saturation. |
26 | "Remedial plan." A plan containing all of the elements |
27 | prescribed under section 301 which includes requirements for |
28 | assessment and remediation of storm water-related problems. |
29 | "Responsible entity." A county or counties, multiple |
30 | municipalities or water resources management authority |
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1 | designated to implement the comprehensive storm water management |
2 | plan or integrated water resources management plan, or both, |
3 | including construction, operation and maintenance of associated |
4 | infrastructure. |
5 | "Storm water." Drainage runoff from the surface of the land |
6 | resulting from precipitation or snow or ice melt. |
7 | "Storm water best management practice" or "Storm water BMP." |
8 | Activities, facilities, measures or procedures used to protect, |
9 | maintain, reclaim and restore the quantity and quality of waters |
10 | and uses within this Commonwealth as approved by the department. |
11 | The term includes plans under the act of October 4, 1978 |
12 | (P.L.864, No.167), known as the Storm Water Management Act, or |
13 | other plans, treatment requirements, operating procedures and |
14 | practices to manage and control the rate, volume and water |
15 | quality of storm water runoff. |
16 | "Storm Water Management Act." The act of October 4, 1978 |
17 | (P.L.864, No.167), known as the Storm Water Management Act. |
18 | "Storm water management plan." A plan for storm water |
19 | management prepared and adopted by a county in accordance with |
20 | act of October 4, 1978 (P.L.864, No.167), known as the Storm |
21 | Water Management Act. |
22 | "Submitting agency." A county, counties, multiple |
23 | municipalities or a water resources management authority which |
24 | elects to develop and submit an integrated water resources |
25 | management plan, in accordance with the requirements of section |
26 | 401(a), to the Department of Environmental Protection for |
27 | approval under this act. |
28 | "Subsurface drainage." Drainage runoff which occurs below |
29 | the surface of the ground resulting from precipitation or snow |
30 | or ice melt. |
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1 | "Water resources management authority." A body politic and |
2 | corporate created under the former act of May 2, 1945 (P.L.382, |
3 | No.164), known as the Municipality Authorities Act of 1945, 53 |
4 | Pa.C.S. Ch. 56 (relating to municipal authorities) or section |
5 | 501 for the purpose of planning, constructing, operating, |
6 | maintaining, managing and regulating storm water or integrated |
7 | water resources management structures, practices and activities. |
8 | "Water resources management planning." Planning based on |
9 | watershed areas to protect, maintain, reclaim and restore the |
10 | quality and quantity of surface water and groundwater and the |
11 | physical, chemical and biological characteristics of bodies of |
12 | water from the effects of past and future activities and |
13 | development while assuring sustainable supplies of clean water |
14 | to meet current and future needs and minimizing the impact of |
15 | storm water on public health, safety, property and the |
16 | environment. |
17 | "Watershed." The entire region or area drained by a river or |
18 | other body of water, whether natural or artificial. |
19 | "Watershed-based planning area." A planning area approved by |
20 | the Department of Environmental Protection and based on |
21 | watershed boundaries, as well as political boundaries or |
22 | geographic considerations, that is the focus of a comprehensive |
23 | storm water management plan or integrated water resources plan. |
24 | CHAPTER 2 |
25 | POWERS AND DUTIES |
26 | Section 201. Powers and duties of counties. |
27 | (a) Comprehensive storm water management plan.--A county |
28 | shall prepare and ensure implementation of a comprehensive storm |
29 | water management plan in accordance with section 301. In |
30 | addition to any existing powers, and consistent with the |
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1 | requirements of section 401(a), the county may elect to develop |
2 | or implement an integrated water resources management plan in |
3 | accordance with Chapter 4. |
4 | (b) Review and comment.--A county shall review and comment |
5 | on the location, design and construction within the watershed- |
6 | based planning area of facilities owned or financed, in whole or |
7 | in part, by funds from this Commonwealth, including storm water |
8 | facilities, water obstructions, flood control projects, highways |
9 | and transportation facilities and facilities for the provision |
10 | of public utility service, to assure their consistency with the |
11 | plans developed pursuant to this act. The county shall review |
12 | and take action on such submissions concurrent with the review |
13 | period as provided in Article V of the Municipalities Planning |
14 | Code. |
15 | (c) Fee authorization.--Where the county is the responsible |
16 | entity designated to implement a comprehensive storm water |
17 | management plan or integrated water resources management plan, |
18 | or both, the county has all the powers, duties and authority set |
19 | forth under section 502(b) and may levy fees for all associated |
20 | costs in accordance with section 502(b). |
21 | (d) Inspection.--In accordance with plans developed under |
22 | this act, a county shall also ensure inspection of water |
23 | resources-related facilities, provide for routine operation and |
24 | maintenance of water resources management facilities and |
25 | construct water resources management facilities. |
26 | (e) Public comment.--A county shall provide for public |
27 | comment on all proposed publicly financed water resources |
28 | capital projects undertaken pursuant to the remedial plan |
29 | requirements in Chapter 3. |
30 | (f) Compliance.--Nothing that a county does under this act |
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1 | shall relieve any person engaged in activities or in the |
2 | alteration or development of land of the responsibility to |
3 | comply with the requirements of storm water ordinances of |
4 | municipalities, an approved integrated water resources |
5 | management plan and the requirements of the Storm Water |
6 | Management Act, as well as all of the legal requirements of the |
7 | other programs for which planning will be integrated in an |
8 | integrated water resources management plan. |
9 | Section 202. Powers and duties of department and Environmental |
10 | Quality Board. |
11 | (a) Department.--The department shall have the power and |
12 | duty to: |
13 | (1) Coordinate the management of water resources in this |
14 | Commonwealth, including the authority to develop processes |
15 | and certification programs for consulting and engineering |
16 | services. |
17 | (2) Develop processes and procedures for resolving |
18 | disputes associated with comprehensive storm water integrated |
19 | water resources management planning among county and |
20 | municipal planning bodies and government agencies concerning |
21 | plan development or implementation. |
22 | (3) Develop guidelines and policies to implement the |
23 | purposes of this act, which may include specific |
24 | comprehensive storm water management plan or integrated water |
25 | resources management plan scope and content requirements, |
26 | model integrated water resources management plans and model |
27 | ordinances. |
28 | (4) Charge fees associated with the review of integrated |
29 | water resources management plans that reasonably reflect the |
30 | cost of review. |
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1 | (5) Approve, disapprove or conditionally approve |
2 | comprehensive storm water management plans and integrated |
3 | water resources management plans. |
4 | (6) Undertake enforcement as necessary and appropriate |
5 | and in accordance with this act. |
6 | (7) Take any other action required to carry out the |
7 | purposes and policies of this act. |
8 | (8) Upon request of a county or municipality, provide |
9 | technical assistance appropriate to accomplish the purposes |
10 | of this act. |
11 | (b) Other laws.--Nothing in this act shall be construed to |
12 | abrogate the authority of the department under any of the |
13 | environmental laws administered by the department. |
14 | (c) Board.--The Environmental Quality Board shall adopt |
15 | rules and regulations of the department as are necessary and |
16 | appropriate to carry out the purposes of this act. |
17 | Section 203. Powers and duties of municipalities. |
18 | (a) Implementation of plans.--A municipality or multiple |
19 | municipalities shall have the power and duty to implement |
20 | comprehensive storm water management plans and any applicable |
21 | integrated water resources management plan. |
22 | (b) Plan.--Consistent with the requirements of section |
23 | 401(a), multiple municipalities may elect to develop an |
24 | integrated water resources management plan in accordance with |
25 | Chapter 4. |
26 | (c) Land development and activities.--Municipalities shall |
27 | regulate land development and activities consistent with the |
28 | most recent applicable approved comprehensive storm water |
29 | management plan or integrated water resources management plan |
30 | and shall adopt ordinances to implement these plans. |
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1 | (d) Fee authorization.--Where multiple municipalities are |
2 | the responsible entity designated to implement a comprehensive |
3 | storm water management plan or integrated water resources |
4 | management plan, or both, the multiple municipalities should |
5 | have all the powers, duties and authority set forth under |
6 | section 502(b) and may levy fees for all associated costs in |
7 | accordance with section 502(b). |
8 | (e) Enforcement.--Nothing in this act shall prohibit a |
9 | municipality or county from enforcing any zoning, subdivision or |
10 | land development ordinance which the municipality or county has |
11 | adopted that is not in conflict with plans developed under this |
12 | act. |
13 | Section 204. Powers and duties of water resources management |
14 | authorities. |
15 | (a) Plan.--Water resources management authorities shall have |
16 | the power and duty to implement and administer comprehensive |
17 | storm water management plans when so designated and to implement |
18 | and administer integrated water resources management plans when |
19 | so designated. |
20 | (b) Integrated plan.--Consistent with the requirements of |
21 | section 401(a), water resources management authorities may elect |
22 | to develop an integrated water resources management plan in |
23 | accordance with Chapter 4. |
24 | (c) Powers and duties.--Water resources management |
25 | authorities shall have the power and duty to set rates and |
26 | assess and collect fees to carry out the purposes of this act. |
27 | (d) Annual report.--Water resources management authorities |
28 | shall provide an annual report of actions and activities to the |
29 | department. |
30 | CHAPTER 3 |
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1 | COMPREHENSIVE STORM WATER MANAGEMENT PLANNING |
2 | Section 301. Comprehensive storm water planning and management |
3 | requirements. |
4 | (a) Watershed boundaries.--Comprehensive storm water |
5 | management plans shall be based on the watershed boundaries |
6 | described in plans developed in accordance with the Storm Water |
7 | Management Act, unless an alternate watershed-based planning |
8 | area is approved by the department for good cause shown. |
9 | (b) Plans and updates.--Except as provided under subsection |
10 | (e), within five years of the effective date of this section, |
11 | counties shall prepare or update the plans developed in |
12 | accordance with the Storm Water Management Act and, at a |
13 | minimum, shall also prepare a remedial plan, which together |
14 | shall constitute the comprehensive storm water management plan. |
15 | At a minimum, the remedial plan shall include the following: |
16 | (1) Identification and assessment of existing problems |
17 | associated with storm water runoff and subsurface drainage |
18 | and the conditions that cause or contribute to the problems. |
19 | (2) Proposed solutions to or remediation of existing |
20 | problems which take into account peak rates of storm water |
21 | runoff, the volume and velocity of storm water runoff and the |
22 | quality of the storm water runoff necessary to prevent |
23 | pollution and to protect, maintain, reclaim and restore |
24 | waters of this Commonwealth, including: |
25 | (i) A remediation and retrofit priorities list. |
26 | (ii) A prioritized schedule for implementation and |
27 | completion of the remedial plan. |
28 | (iii) A designation of the responsible entity for |
29 | implementation of the plan and operation and maintenance |
30 | of remedial infrastructure. |
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1 | (3) Inventory of significant existing storm water |
2 | management facilities in the watershed, their engineering |
3 | design features, their ownership and maintenance |
4 | responsibility and an assessment of their functional |
5 | effectiveness. |
6 | (4) A program for public information, participation and |
7 | education. |
8 | (5) Provision for comprehensive storm water management |
9 | plan review and update at a minimum of every five years. |
10 | (6) Demonstration of or steps to achieve general |
11 | consistency with: |
12 | (i) The applicable comprehensive plans of the |
13 | municipality and county enacted under the Municipalities |
14 | Planning Code. |
15 | (ii) Other existing applicable Federal, State, |
16 | interstate, regional and county environmental and land |
17 | use plans. |
18 | (iii) Existing applicable watershed storm water |
19 | management plans, including minimum standards required by |
20 | the Storm Water Management Act. |
21 | (c) Exception.--Except as provided under this act, the |
22 | requirements and procedures in sections 6, 7, 8, 9, 10, 11 and |
23 | 12 of the Storm Water Management Act shall be followed in |
24 | developing the comprehensive storm water management plan under |
25 | this section. These provisions apply to development and |
26 | implementation of the applicable plan and implementing ordinance |
27 | and regulation revisions required by this section. |
28 | (d) Design criteria and standards.--The comprehensive storm |
29 | water management plan shall identify the design criteria or |
30 | performance standard for any storm water management practice |
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1 | implemented under this section, and the county or the department |
2 | shall have no responsibility to reimburse the cost of any |
3 | practice not meeting the design criteria or performance |
4 | standard. |
5 | (e) Extension of deadline.--The department may shall extend | <-- |
6 | the deadline under subsection (b) for preparation of a |
7 | comprehensive storm water management plan, if upon application |
8 | by such counties for grants and reimbursements authorized under |
9 | section 608(a) to meet the requirements of this chapter, the |
10 | department determines that such grants and reimbursements are |
11 | not available. The department may extend the deadline for such |
12 | counties for compliance with subsection (b) for up to five years |
13 | from the date of the department's authorization of such grants |
14 | or reimbursements. |
15 | Section 302. Review and approval or disapproval by department. |
16 | (a) General rule.--The department may approve or disapprove |
17 | comprehensive storm water management plans in whole or in part |
18 | or with conditions that the department determines are reasonable |
19 | and appropriate. |
20 | (b) Effect of inaction by department.--Unless the department |
21 | approves, conditionally approves or disapproves the |
22 | comprehensive storm water management plan within 120 days of |
23 | receipt, the plan shall be deemed acceptable as submitted. |
24 | Section 303. Implementation of comprehensive storm water |
25 | management plans. |
26 | (a) Ordinances.--Within 12 18 months following adoption and | <-- |
27 | approval of a comprehensive storm water management plan, each |
28 | municipality shall adopt or amend such ordinances and |
29 | regulations, including zoning, subdivision and development, |
30 | building code and erosion and sedimentation ordinances, |
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1 | necessary to regulate development and activities and to control |
2 | storm water within the municipality in a manner consistent with |
3 | the applicable comprehensive storm water management plan, |
4 | including the remedial plan to address existing problems, and |
5 | the provisions of the Storm Water Management Act and this act. |
6 | The department may extend the deadline six months for compliance | <-- |
7 | with this section upon request based upon a demonstration of |
8 | need. |
9 | (b) Remedial plan.--Following adoption and approval of |
10 | comprehensive storm water management plans, the responsible |
11 | entity shall implement the remedial plan. |
12 | (c) Infrastructure implementation.--Unless otherwise |
13 | specified in a county-adopted and department-approved |
14 | comprehensive storm water management plan, infrastructure |
15 | improvements under the comprehensive storm water management plan |
16 | shall be implemented by any of the following means: |
17 | (1) Each municipality will carry out the plan within its |
18 | boundaries, either individually or by agreement with another |
19 | municipality, county or a joint agency. |
20 | (2) One or more municipalities in the watershed may |
21 | request that the county or counties in the watershed assume |
22 | responsibility for implementation of the plan. The county or |
23 | counties may assume responsibility for implementation of the |
24 | plan and operational authority for the storm water facilities |
25 | as provided for in the plan, but only for municipalities that |
26 | agree to allow the county or counties to assume |
27 | implementation responsibilities. |
28 | (3) If two-thirds of the municipalities, representing at |
29 | least 51% of the population within the watershed, through |
30 | adoption of resolutions of their governing bodies, request |
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1 | that the county or counties in the watershed assume |
2 | responsibility for implementation of the plan, then the |
3 | county or counties shall meet with the municipalities to |
4 | develop a plan of implementation, to be adopted within 12 |
5 | months. The following shall apply: | <-- |
6 | (i) If the county or counties and municipalities do |
7 | not adopt a plan of implementation after 12 months, the |
8 | department may convene a three-person panel to be |
9 | comprised of one representative or designee appointed by |
10 | the department, one representative or designee appointed |
11 | by the county or counties and one representative or |
12 | designee appointed by the group of municipalities. The |
13 | county or counties and municipalities shall have 30 days |
14 | from the date the department convenes the panel to select |
15 | their representative or designee. |
16 | (ii) The department shall oversee the panel's |
17 | completion of the implementation plan, which shall be |
18 | adopted within six months from the panel's first meeting. |
19 | The first meeting of the panel shall be held no later |
20 | than 45 days from the date the panel is convened. |
21 | (iii) If either the county or municipalities fail to |
22 | appoint a representative or designee, the department |
23 | shall complete the plan of implementation in cooperation |
24 | with any timely appointed representative or designee. If |
25 | there are no timely appointed representatives or |
26 | designees from the county or municipalities, the |
27 | department shall complete the plan of implementation. |
28 | (iv) Failure of the county or municipalities to |
29 | comply with the final plan of implementation developed in |
30 | accordance with this subsection constitutes a violation |
|
1 | of this act. |
2 | (d) Responsible entity.--Where the responsible entity fails |
3 | to timely implement the remedial plan associated with approved |
4 | and adopted comprehensive storm water management plans, the |
5 | county may implement the remedial plan. |
6 | (e) Development of model ordinances.--Within three years of |
7 | the effective date of this section, the department shall develop |
8 | a set of model ordinances, including a specific model |
9 | comprehensive storm water management ordinance, that can be used |
10 | as a guide by municipalities to adopt regulations designed to |
11 | implement the applicable comprehensive storm water management |
12 | plan. |
13 | (f) Waiver provisions.--The implementing ordinances and |
14 | regulations shall not contain a waiver provision except for |
15 | those waivers included in the model ordinance in the adopted and |
16 | approved comprehensive storm water management plan. |
17 | (g) Decisions.--The department, other Commonwealth |
18 | departments and agencies and county and municipal governments |
19 | and agencies shall consider and shall make decisions with |
20 | respect to issuance of permits, approvals or grants that are |
21 | generally consistent with comprehensive storm water management |
22 | plans prepared, adopted and approved under this act. |
23 | (h) Review and issuance procedures.--The department shall |
24 | develop procedures to coordinate the review and issuance of all |
25 | department permits, approvals or grants that cover construction, |
26 | operation and maintenance of all current and future facilities |
27 | that are necessary to implement the comprehensive storm water |
28 | management plans, including the designation of a single point of |
29 | contact for all department permits or approvals for the |
30 | facilities. |
|
1 | (i) Construction.--Nothing in this act shall be construed to |
2 | relieve a county or municipality from compliance with existing |
3 | obligations under the Storm Water Management Act. |
4 | Section 304. Failure to submit and implement comprehensive |
5 | storm water management plan. |
6 | (a) Actions.-- Any person, a municipality or the department |
7 | may institute an action in mandamus to compel a county to |
8 | prepare, adopt and submit a comprehensive storm water management |
9 | plan in accordance with the Storm Water Management Act and this |
10 | act. |
11 | (b) Administrative remedies.--The department may utilize |
12 | administrative remedies, including administrative orders, or may |
13 | institute an action in mandamus to compel a county to prepare, |
14 | adopt and submit a comprehensive storm water management plan in |
15 | accordance with the Storm Water Management Act and this act. |
16 | (c) Reimbursement.--When action by the municipality or |
17 | department is required to compel a county to prepare, adopt, |
18 | submit or implement a plan, the department shall not provide |
19 | grants or reimbursements to the county for the cost of the plan. |
20 | (d) Costs and fees.--The costs, attorney fees, |
21 | administrative fees and other expenses associated with |
22 | proceedings under this section shall be recoverable from the |
23 | violator. |
24 | Section 305. Failure of municipalities to adopt ordinances and |
25 | implement plans. |
26 | (a) Procedure following approval.--Following adoption and |
27 | approval of a comprehensive storm water management plan, in |
28 | accordance with section 303(a): |
29 | (1) Any person may institute an action in mandamus to |
30 | compel a municipality to adopt implementing ordinances and to |
|
1 | implement a comprehensive storm water management plan and |
2 | ordinances in accordance with the Storm Water Management Act |
3 | and this act. |
4 | (2) The county or the department may utilize |
5 | administrative remedies, including administrative orders, or |
6 | may institute an action in mandamus to compel a municipality |
7 | to adopt ordinances or to implement a comprehensive storm |
8 | water management plan in accordance with the Storm Water |
9 | Management Act and this act. |
10 | (3) When action by the county, the department or any |
11 | person is required to compel a municipality to adopt |
12 | ordinances or to implement a comprehensive storm water |
13 | management plan, the department shall not provide grants or |
14 | reimbursements to the municipality for the associated costs. |
15 | (b) Costs and fees.--The costs, attorney fees, |
16 | administrative fees and other expenses associated with |
17 | proceedings under this section shall be recoverable from the |
18 | violator. |
19 | CHAPTER 4 |
20 | INTEGRATED WATER RESOURCES MANAGEMENT |
21 | PLANNING AND PROCEDURE |
22 | Section 401. Water resources management coordination and |
23 | integration. |
24 | (a) Submitting agency.--A county or multiple counties may |
25 | elect to develop integrated water resources management plans. If |
26 | a county or counties have not provided notice to the department |
27 | of the intention to develop an integrated water resources |
28 | management plan, then multiple municipalities or water resources |
29 | management authorities located in such counties may elect to |
30 | develop integrated water resources management plans in |
|
1 | accordance with this act, beginning one year from the effective |
2 | date of this act. |
3 | (b) Plans.--Integrated water resources management plans may |
4 | be developed for individual or multiple watersheds, or upon |
5 | department-approved watershed-based planning areas, designated |
6 | in accordance with, but not limited to, the following |
7 | considerations: |
8 | (1) Existence of critical water planning areas. |
9 | (2) Waters listed pursuant to section 303 of the Federal |
10 | Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § |
11 | 1313(d)). |
12 | (3) Flooding history. |
13 | (4) Special protection watersheds. |
14 | (5) Current or projected population density. |
15 | (6) Current or projected rate of development. |
16 | (7) Percent of impervious cover. |
17 | (c) Minimum requirements.--Integrated water resources |
18 | management plans shall, at a minimum, be consistent with this |
19 | act and the following statutes: |
20 | (1) The Federal Water Pollution Control Act (62 Stat. |
21 | 1155, 33 U.S.C. § 1251 et seq.). |
22 | (2) The Safe Drinking Water Act (Public Law 93-523, 21 |
23 | U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.). |
24 | (3) The Clean Streams Law. |
25 | (4) The act of May 1, 1984 (P.L.206, No.43), known as |
26 | the Pennsylvania Safe Drinking Water Act. |
27 | (5) The Storm Water Management Act. |
28 | (6) The act of October 4, 1978 (P.L.851, No.166), known |
29 | as the Flood Plain Management Act. |
30 | (7) The act of January 24, 1966 (1965 P.L.1535, No.537), |
|
1 | known as the Pennsylvania Sewage Facilities Act. |
2 | (8) The act of November 26, 1978 (P.L.1375, No.325), |
3 | known as the Dam Safety and Encroachments Act. |
4 | (9) The Water Resources Development Act of 1986 (Public |
5 | Law 99-662, 33 U.S.C. § 2213(j)). |
6 | (10) The act of June 24, 1939 (P.L.842, No.365), |
7 | referred to as the Water Rights Law. |
8 | (11) The act of May 15, 1945 (P.L.547, No.217), known as |
9 | the Conservation District Law. |
10 | (12) The Municipalities Planning Code. |
11 | (13) The provisions of 53 Pa.C.S. Ch.56 (relating to |
12 | municipal authorities). |
13 | (14) The provisions of 3 Pa.C.S. Ch. 5 (relating to |
14 | nutrient management and odor management). |
15 | (15) Any other applicable Federal or State law as |
16 | determined by the department. |
17 | (d) Entities.--Entities which elect to undertake integrated |
18 | water resources management planning shall do so in accordance |
19 | with this act. |
20 | (e) Compliance.--If an entity elects to undertake integrated |
21 | water resources management planning and the plan is approved by |
22 | the department in accordance with this act, the entity is deemed |
23 | to have satisfied the procedural and substantive planning |
24 | requirements of the acts listed in subsection (c) that impose |
25 | planning requirements. |
26 | Section 402. Integrated water resources management planning |
27 | process. |
28 | (a) Boundaries.--Integrated water resource management plans |
29 | shall be based upon the boundaries described in plans developed |
30 | in accordance with section 401(b), unless an alternate |
|
1 | watershed-based planning area is approved by the department for |
2 | good cause shown. |
3 | (b) Development.--Public participation in the development of |
4 | the integrated water resources management plan shall be provided |
5 | as follows: |
6 | (1) An integrated water resources management plan |
7 | advisory committee, composed of one representative appointed |
8 | by the governing body of each municipality in the watershed- |
9 | based planning area, the county and any county conservation |
10 | district in the planning area watershed, any compact basin |
11 | commission in the planning area watershed and other agencies |
12 | and groups, as are necessary and proper, shall be established |
13 | to advise the submitting agency throughout the process. |
14 | (2) Prior to adoption, the plan shall be reviewed by the |
15 | official planning agency, if one exists, and governing body |
16 | of each municipality and county and by each regional planning |
17 | agency in the watershed for general consistency with other |
18 | plans and programs affecting the watershed-based planning |
19 | area. All such reviews and the submitting agency's responses |
20 | shall be submitted to the department with the plan at the |
21 | time a review of the plan is requested from the department. |
22 | (3) Prior to adoption or amendment of the plan, |
23 | reasonable public notice shall be given at least 14 days |
24 | prior to the hearing, and a public hearing shall be held |
25 | within the watershed-based planning area. |
26 | (c) Adoption.--Adoption or amendment by the submitting |
27 | agency of the integrated water resources management plan shall |
28 | be by resolution of the governing body or bodies of the agency |
29 | or agencies identified in subsection (b), which have authorized |
30 | development of the plan. |
|
1 | (d) Approval by department.--The following shall apply: |
2 | (1) Prior to adoption or substantive amendment, the |
3 | submitting agency shall submit the integrated water resources |
4 | management plan to the department for review. The department |
5 | shall approve or conditionally approve the plan if it |
6 | determines that it is generally consistent with the |
7 | following: |
8 | (i) Section 401(c). |
9 | (ii) All current approved watershed restoration and |
10 | protection plans that have been developed in the planning |
11 | area. |
12 | (iii) All current approved total maximum daily loads |
13 | (TMDLs) for waters of the planning area. |
14 | (iv) All current source water protection plans that |
15 | have been adopted in the planning area. |
16 | (v) All current rivers conservation plans in the |
17 | watershed-based planning area that have been approved by |
18 | the Department of Conservation and Natural Resources. |
19 | (vi) All current critical area resource plans that |
20 | have been approved by the department. |
21 | (vii) All current applicable water resources plans |
22 | adopted by a river basin commission. |
23 | (2) Unless the department approves, conditionally |
24 | approves or disapproves the integrated water resources |
25 | management plan within 120 days of receipt, the plan will be |
26 | deemed acceptable as submitted. |
27 | (3) If the department determines that the proposed |
28 | integrated water resources management plan will not meet the |
29 | requirements of this act, the department will disapprove the |
30 | plan in writing, which writing shall identify the basis for |
|
1 | disapproval. |
2 | (4) The integrated water resources management planning |
3 | area, either based upon the boundaries described in plans |
4 | developed in accordance with the Storm Water Management Act |
5 | or an alternate watershed-based planning area approved by the |
6 | department, shall be considered a reasonable geographic area |
7 | in a multimunicipal comprehensive plan prepared pursuant to |
8 | Article XI of the Municipalities Planning Code as long as the |
9 | county or multiple municipalities follow the procedures in |
10 | Article XI of the Municipalities Planning Code. |
11 | (e) Design criteria and standards.--The integrated water |
12 | management plan shall identify the design criteria or |
13 | performance standard for any water management practice |
14 | implemented under this section, and the county or the department |
15 | shall have no responsibility to reimburse the cost of any |
16 | practice not meeting the design criteria or performance |
17 | standard. |
18 | Section 403. Integrated water resources management plan |
19 | requirements. |
20 | (a) Local authorization.--The following shall apply: |
21 | (1) The submitting agency may develop an integrated |
22 | water resources management plan as described in this section. |
23 | If all counties or municipalities in the watershed do not |
24 | agree to develop the plan, the plan shall use standards at |
25 | the boundaries of the nonparticipating county or |
26 | municipalities that are consistent with the integrated water |
27 | resources management plan. |
28 | (2) Federal lands shall be included in the integrated |
29 | water resources management plan in consultation with the |
30 | United States Department of the Interior. |
|
1 | (3) State lands shall be included in the integrated |
2 | water resources management plan in consultation with the |
3 | appropriate State agency. |
4 | (4) The integrated water resources management plan shall |
5 | be generally consistent with comprehensive plans of counties |
6 | and municipalities enacted under the Municipalities Planning |
7 | Code. |
8 | (5) A comprehensive plan of a county or a municipality |
9 | enacted under the Municipalities Planning Code, subsequent to |
10 | adoption of this act, shall be generally consistent with the |
11 | integrated water resources management plan approved under |
12 | this act that applies to the county or municipality. |
13 | (6) An integrated water resources management plan |
14 | adopted on a multimunicipal basis pursuant to this act shall |
15 | constitute the water planning required pursuant to section |
16 | 301(a)(4) of the Municipalities Planning Code and shall be |
17 | considered a plan for the reliable supply of water pursuant |
18 | to section 301(b) of the Municipalities Planning Code if it |
19 | is a component of a multimunicipal comprehensive plan |
20 | prepared pursuant to Article XI of the Municipalities |
21 | Planning Code, as long as the county or multiple |
22 | municipalities follow the procedures in Article XI of the |
23 | Municipalities Planning Code. |
24 | (b) Plan content.--The integrated water resources management |
25 | plan, at a minimum, shall: |
26 | (1) Coordinate the planning provisions in and |
27 | demonstrate consistency with Federal and State statutes and |
28 | programs identified in section 401(a). |
29 | (2) Delineate the approved watershed-based planning area |
30 | boundary. |
|
1 | (3) Inventory all existing and planned water and |
2 | wastewater treatment systems and service areas and all |
3 | significant water resources management facilities within the |
4 | watershed, their ownership and the parties responsible for |
5 | their operation and maintenance and provide an assessment of |
6 | the functional effectiveness of such systems and facilities. |
7 | (4) Estimate current and future water demands. |
8 | (5) Identify all local conservation areas such as |
9 | protected riparian corridors, conservation easements, |
10 | wellhead and source water protection areas, preserved |
11 | farmland, greenways, publicly owned land and other areas that |
12 | have land-use restrictions based on natural conditions. |
13 | (6) Identify all environmentally sensitive features of |
14 | the watershed, such as wetlands, habitat for rare and |
15 | endangered plant and animal species, special protection |
16 | waters and karst geology. |
17 | (7) Identify and consider all current storm water |
18 | management and watershed protection and restoration plans |
19 | that have been prepared by citizen groups, nonprofit |
20 | organizations, conservation districts, county and municipal |
21 | governments and Federal, State, interstate or regional |
22 | agencies. |
23 | (8) Identify and describe all existing regionally |
24 | significant water quality problems and water resources |
25 | management problems within the watershed, including those |
26 | caused by domestic or industrial wastewater, nonpoint sources |
27 | of pollution, water availability and storm water and |
28 | floodplain management problems. |
29 | (9) Project future land-use changes over a ten-year |
30 | period based on population estimates, anticipated |
|
1 | development, planning and zoning requirements, economic |
2 | considerations and public infrastructure. |
3 | (10) Identify and evaluate alternatives for future water |
4 | demands, including water supply and wastewater demands. |
5 | (11) Identify, evaluate and prioritize management |
6 | practices, procedures and other strategies to protect, |
7 | maintain, reclaim, restore and enhance water quality and |
8 | water resources based on existing conditions and projected |
9 | growth and land use changes. |
10 | (12) Designate the responsible entity for implementation |
11 | of the plan and for operation and maintenance of water |
12 | quality protection and water resources management facilities, |
13 | such as wastewater treatment plants and community or |
14 | individual storm water control facilities. |
15 | (13) Identify and evaluate potential water conservation |
16 | and reuse measures. |
17 | (14) Identify and evaluate source water protection |
18 | alternatives. |
19 | (15) Identify financing alternatives, including rate |
20 | structures for fees and assessments to implement the plan. |
21 | (16) Present selected financing methods and priorities. |
22 | (17) Present a prioritized schedule and process for plan |
23 | implementation. |
24 | (18) Establish a program for public participation, |
25 | information and education. |
26 | (19) Provide for plan reviews and updates on a minimum |
27 | five-year cycle. |
28 | (20) Provide model ordinances for plan implementation. |
29 | (c) Additional issues.--The integrated water resources |
30 | management plans may address additional issues, including the |
|
1 | following: |
2 | (1) Preventing increased flood stages in streams. |
3 | (2) Controlling the quantity, peak and volume, |
4 | direction, rate and velocity of storm water runoff and |
5 | subsurface drainage and the quality thereof consistent with |
6 | State water quality standards. |
7 | (3) Improving groundwater recharge. |
8 | (4) Maximizing the opportunities for integration of |
9 | water resources management and protection under the existing |
10 | laws and regulations. |
11 | (5) Creating water resources management corridors |
12 | pursuant to section 405. |
13 | (6) Supporting ecologically sustainable water |
14 | management, sustainable water supplies, water conservation, |
15 | surface and groundwater management, development of resource |
16 | strategies, providing for long-term infrastructure investment |
17 | strategies, evaluating environmental impacts and options and |
18 | evaluating economic impacts and options. |
19 | Section 404. Implementation of integrated water resources |
20 | management plans. |
21 | (a) Requirements.--Within 180 days of the department's |
22 | approval of an integrated water resources management plan, each |
23 | county and municipality within the area subject to the plan |
24 | shall: |
25 | (1) Adopt or amend ordinances and regulations, including |
26 | zoning, subdivision and development, building code, erosion |
27 | and sedimentation and storm water ordinances, as are |
28 | necessary to regulate development and local activities in a |
29 | manner consistent with the applicable approved plan and the |
30 | provisions of this act. |
|
1 | (2) Implement ordinances and regulations, including |
2 | zoning, subdivision and development, building code, erosion |
3 | and sedimentation and storm water ordinances, as are |
4 | necessary to regulate development and local activities in a |
5 | manner consistent with the applicable approved plan and the |
6 | provisions of this act. |
7 | (b) Infrastructure implementation.--Infrastructure |
8 | improvements under an integrated water resources management plan |
9 | shall be implemented through any of the following: |
10 | (1) A municipality will carry out the plan within its |
11 | boundaries, either individually or by agreement with another |
12 | municipality or county or a joint agency. |
13 | (2) One or more municipalities in the watershed may |
14 | request that the county or counties in the watershed assume |
15 | responsibility for implementation of the plan. The county or |
16 | counties may assume responsibility for implementation of the |
17 | plan and operational authority for the water resources |
18 | management facilities provided for in the plan, but only for |
19 | municipalities that agree to allow the county or counties to |
20 | assume implementation responsibilities. |
21 | (3) If two-thirds of the municipalities, representing at |
22 | least 51% of the population within the watershed, through |
23 | adoption of resolutions of their governing bodies, request |
24 | that the county or counties in the watershed assume |
25 | responsibility for implementation of the plan, then the |
26 | county or counties shall meet with the municipalities to |
27 | develop a plan of implementation to be adopted within 12 |
28 | months. The following shall apply: | <-- |
29 | (i) If the county or counties and municipalities do |
30 | not adopt a plan of implementation after 12 months, the |
|
1 | department may convene a three-person panel to be |
2 | comprised of one representative or designee appointed by |
3 | the department, one representative or designee appointed |
4 | by the county or counties and one representative or |
5 | designee appointed by the group of municipalities. The |
6 | county or counties and municipalities shall have 30 days |
7 | from the date the department convenes the panel to select |
8 | their representative or designee. |
9 | (ii) The department shall oversee the panel's |
10 | completion of the implementation plan, which shall be |
11 | adopted within six months from the panel's first meeting. |
12 | The first meeting of the panel shall be held no later |
13 | than 45 days from the date the panel is convened. |
14 | (iii) If either the county or municipalities fail to |
15 | appoint a representative or designee, the department |
16 | shall complete the plan of implementation in cooperation |
17 | with any timely appointed representative or designee. If |
18 | there are no timely appointed representatives or |
19 | designees from the county or municipalities, the |
20 | department shall complete the plan of implementation. |
21 | (iv) Failure of the county or municipalities to comply |
22 | with the final plan of implementation developed in accordance |
23 | with this subsection constitutes a violation of this act. |
24 | (c) Development of model ordinances.--Within 180 days of the |
25 | effective date of this section, the department will develop a |
26 | set of model ordinances, including a specific model integrated |
27 | water resources management ordinance, that can be used as a |
28 | guide by local governments to adopt regulations designed to |
29 | implement their integrated water resources management plan. |
30 | (d) Waiver.--The implementing ordinances and regulations |
|
1 | shall not contain a waiver provision except for those waivers |
2 | included in the model ordinance in the adopted and approved |
3 | integrated water resources management plan. |
4 | (e) Permits, approvals or grants.--The department, other |
5 | Commonwealth departments and agencies and county and municipal |
6 | governments and agencies shall consider and shall make decisions |
7 | with respect to issuance of permits, approvals or grants that |
8 | are generally consistent with integrated water resources |
9 | management plans adopted under this act. |
10 | (f) Review and issuance procedures.--The department shall |
11 | develop procedures to coordinate the review and issuance of all |
12 | department permits, approvals or grants that cover construction, |
13 | operation and maintenance of all current and future facilities |
14 | that are necessary to implement the integrated water resources |
15 | management plans, including the designation of a single point of |
16 | contact for all department permits or approvals for such |
17 | facilities. |
18 | (g) County implementation.--Where the responsible entity |
19 | fails to timely implement the approved and adopted integrated |
20 | water resources management plan, the county may implement the |
21 | approved integrated water resources management plan. |
22 | Section 405. Water resources management corridors. |
23 | (a) Additional limitations.--Integrated water resources |
24 | management plans may establish water resources management |
25 | corridors to provide additional limitations on activities and |
26 | development for protection of waters of this Commonwealth, and |
27 | in the interest of public health and safety, those designated as |
28 | special protection under the department's rules and regulations, |
29 | critical riparian areas, including minimum riparian buffers, |
30 | wetlands, critical habitat areas and floodplain management |
|
1 | areas. |
2 | (b) Protection of corridors.--The submitting agency shall |
3 | ensure that water resources management corridors are protected |
4 | through acquisition, easements, trusts or other appropriate |
5 | legal instruments that guarantee forested buffering, building |
6 | setbacks and reasonable and appropriate public access. |
7 | (c) Adjacent watersheds.--Development of integrated water |
8 | resources management plans established for adjacent watersheds, |
9 | which contain water resources management corridors, shall be |
10 | coordinated by submitting agencies to ensure consistency among |
11 | water resources management corridors. |
12 | Section 406. Failure of municipalities to adopt implementing |
13 | ordinances. |
14 | (a) Procedures.--Following adoption and approval of an |
15 | integrated water resources management plan: |
16 | (1) A county or the department may institute an action |
17 | in mandamus to compel a municipality to adopt implementing |
18 | ordinances and to implement an integrated water resources |
19 | management plan and ordinances in accordance with this act. |
20 | (2) The county or department may utilize administrative |
21 | remedies, including administrative orders, or may institute |
22 | an action in mandamus to compel a municipality to adopt |
23 | ordinances or to implement an integrated water resources |
24 | management plan in accordance with this act. |
25 | (3) When action by the county or department or any |
26 | person is required to compel a municipality to adopt |
27 | ordinances or to implement an integrated water resources |
28 | management plan, the department shall not provide grants or |
29 | reimbursements to the municipality for the associated costs. |
30 | (b) Costs and fees.--The costs, attorney fees and |
|
1 | administrative fees and other expenses associated with |
2 | proceedings under this section shall be recoverable from the |
3 | violator. |
4 | CHAPTER 5 |
5 | WATER RESOURCES MANAGEMENT AUTHORITIES |
6 | Section 501. Water resources management authorities. |
7 | (a) Authorities.--A county or multiple counties may elect to |
8 | create a water resources management authority where there is no | <-- |
9 | authority created pursuant to 53 Pa.C.S. Ch. 56 (relating to |
10 | municipal authorities) within the jurisdiction or expand the |
11 | scope of an existing authority to undertake powers and duties as |
12 | may be delegated by the incorporating municipality pursuant to |
13 | this act. If a county or counties have not provided notice to |
14 | the department of the intention to create a water resources |
15 | management authority or expand the scope of an existing | <-- |
16 | authority in accordance with this act, multiple municipalities |
17 | located in a county or counties may create a water resources |
18 | management authority or expand the scope of an existing | <-- |
19 | authority in accordance with this act, beginning one year from |
20 | the effective date of this section. |
21 | (b) Creation or expansion of water resources management | <-- |
22 | authorities.--A county or multiple counties or multiple |
23 | municipalities which have assumed or plan to assume |
24 | responsibility for the development, implementation and |
25 | administration of comprehensive storm water management plans or |
26 | an integrated water resources management plan shall have the |
27 | right to incorporate as a water resources management authority |
28 | pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal | <-- |
29 | authorities) for the purposes set forth under 53 Pa.C.S. § 5607 |
30 | (relating to purposes and powers) relating to projects of the |
|
1 | kind and character set forth below: |
2 | (1) Comprehensive storm water planning, collection, |
3 | treatment, remedial plan implementation and infrastructure |
4 | management and parts thereof, including regulation, operation |
5 | and maintenance, repair, replacement, reconstruction and |
6 | expansion pursuant to the Storm Water Management Act and this |
7 | act. |
8 | (2) Integrated water resources management in accordance |
9 | with plans adopted and approved under this act. |
10 | (c) Transfer of authority and obligation to operate and |
11 | maintain water resources management best management practices to |
12 | water authorities.--Transfer of authority shall be conducted as |
13 | follows: |
14 | (1) The authority and obligation to operate and maintain |
15 | water resources management best management practices, |
16 | including comprehensive storm water management or integrated |
17 | water resources management best management practices on |
18 | private lands, may be transferred to the county or water |
19 | resources management authority at their discretion. Whether |
20 | transferred or not, the operation and maintenance shall be |
21 | consistent with the design standards, criteria, schedules and |
22 | other requirements established under the comprehensive storm |
23 | water management or integrated water resources management |
24 | plans. |
25 | (2) All transferred obligations shall be subject to an |
26 | easement for maintenance and inspection access. |
27 | Section 502. Additional powers and duties of water resources |
28 | management authorities. |
29 | (a) Exceptions.--Except as provided by this act, the |
30 | requirement and procedures in 53 Pa.C.S. § 5607 (relating to |
|
1 | purposes and powers) shall be followed in developing the rates |
2 | and fees and the process for assessing and collecting such fees. |
3 | (b) Fee authorization.--In addition to the authority |
4 | provided in 53 Pa.C.S. § 5607, the water resources management |
5 | authority may levy a fee on property owners, users or consumers |
6 | of the services provided by the authority to pay for all costs |
7 | associated with planning, implementation, administration and |
8 | enforcement under the Storm Water Management Act or this act, |
9 | and including the authority to: |
10 | (1) Fix, alter, charge and collect fees in the area |
11 | served by the water resource management authority, in order |
12 | to carry out the powers and duties authorized under this act, |
13 | including preparation of integrated water resources |
14 | management plans and their implementation and the acquisition |
15 | or construction of storm water or water resources management |
16 | facilities in the watershed or watershed-based planning area. |
17 | The fee may be based, in whole or in part, as a user or |
18 | service fee, special assessment fee, impact fee, bonding or |
19 | other fee for services. Such fees and charges shall be based |
20 | on estimates of revenues required to pay the costs of |
21 | preparation, administration, implementation, revision and |
22 | enforcement of department-approved comprehensive storm water |
23 | management plans or integrated water resources management |
24 | plans, or both if applicable, including administration, debt |
25 | service on obligations to finance the storm water or water |
26 | resources management facilities, operation and maintenance |
27 | costs incurred by the water resources management authority |
28 | and reimbursement of costs to counties and municipalities. |
29 | (2) Collect delinquent fees in accordance with the act |
30 | of May 16, 1923 (P.L.207, No.153), referred to as the |
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1 | Municipal Claim and Tax Lien Law. |
2 | (3) Revenues from fees and charges collected in |
3 | accordance with this section shall be deposited in separate |
4 | revenue funds of the water resources management authorities |
5 | and shall not be used for purposes other than storm water or |
6 | integrated water resources management in accordance with |
7 | department-approved plans. |
8 | (4) Borrow money, make and issue negotiable notes, |
9 | bonds, refunding bonds and other evidences of indebtedness or |
10 | bonds of the agency which may not have a maturity date longer |
11 | than 40 years from the date of issue. |
12 | (5) Secure payment of the bonds or any part thereof by |
13 | pledge or deed of trust of all or any of its revenues and |
14 | receipts and make agreements with the purchasers or holders |
15 | of bonds or with others in connection with any bonds, whether |
16 | issued or to be issued. |
17 | (6) Use any available Federal or State funds, and any |
18 | other funds, and set up accounts as necessary to implement |
19 | the provisions of this act. |
20 | (7) Include in the rate or fee structure costs |
21 | associated with planning, design, construction and operation |
22 | of capital facilities, including the development of |
23 | maintenance schedules. |
24 | (8) Receive impact fees or participation costs and |
25 | maintenance bonds or other contributions related to provision |
26 | of water resources management services. |
27 | (c) Reimbursement of implementation and maintenance costs.-- |
28 | The following shall apply to reimbursement: |
29 | (1) A county or municipality shall be reimbursed by the |
30 | water resources management authority for reasonable costs |
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1 | that support the comprehensive storm water management plan or |
2 | integrated water resources plan implementation, |
3 | administration and maintenance under subsection (b)(1) and |
4 | (2). |
5 | (2) Reimbursement shall not include costs related to |
6 | sanitary sewage facilities. |
7 | (3) The water resources management authority shall have |
8 | the right to audit the county's or municipalities' costs of |
9 | implementation and maintenance for which reimbursement is |
10 | sought. |
11 | (4) Nothing in this section shall be construed to limit |
12 | or impair application of this act to any county, municipality |
13 | or person, or to relieve any county, municipality or person |
14 | of duties required under this act, including preparation and |
15 | implementation of plans. |
16 | (d) Design criteria and standards.--The comprehensive storm |
17 | water management plan or integrated water resources management |
18 | plan shall identify the design criteria or performance standard |
19 | for any storm water management practice implemented under this |
20 | section, and the county shall have no responsibility to |
21 | reimburse the cost of any practice not meeting the design |
22 | criteria or performance standard. |
23 | (e) Maintenance of storm water practices or integrated water |
24 | resources management facilities.--Continuing maintenance of |
25 | storm water or water resources management practice shall be the |
26 | responsibility of the water resources management authority |
27 | implementing the practice under subsection (b)(1) and (2) unless |
28 | there is specific agreement otherwise between the authority and |
29 | the implementing party. |
30 | (f) Objections.--Any resident, owner of real property or |
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1 | person in the plan area questioning the rate or fees fixed by |
2 | the county, including extensions of service thereof, shall first |
3 | raise such objections with the county or the water resources |
4 | management authority, as the case may be. After exhausting their |
5 | administrative remedies, persons may bring suit against the |
6 | water resources management authority or county in the court of |
7 | common pleas of the county in which the principal office of the |
8 | water resources management authority is located. |
9 | CHAPTER 6 |
10 | RIGHTS, REMEDIES, FUNDING AND ENFORCEMENT |
11 | Section 601. Duty of persons engaged in development of land. |
12 | Any landowner and any person engaged in any activity, |
13 | alteration or development of land which may affect water |
14 | resources or storm water runoff characteristics shall: |
15 | (1) Manage rate, volume, velocity, direction and quality |
16 | of runoff so as to: |
17 | (i) Prevent pollution to waters of this Commonwealth |
18 | as defined in the Clean Streams Law. |
19 | (ii) Protect safety and prevent injury to health and |
20 | other property. |
21 | (2) Ensure that the maximum rate of storm water runoff |
22 | is not increased. |
23 | (3) Where there are applicable comprehensive storm water |
24 | management plans or integrated water resources management |
25 | plans, implement such measures consistent with the provisions |
26 | in the applicable plans as are reasonably necessary to |
27 | protect, maintain, reclaim and restore waters of this |
28 | Commonwealth and to prevent injury to health, safety or |
29 | property. |
30 | Section 602. Funding and imposing fees on tax-exempt property. |
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1 | (a) General rule.--Except as provided under subsection (b), |
2 | real property that is exempt from the payment of real estate tax |
3 | shall be subject to the fees and charges imposed in accordance |
4 | with this act. |
5 | (b) Exempt property.--The following property shall be exempt |
6 | from the fees imposed by this act: |
7 | (1) Property owned by a political subdivision, county or |
8 | municipality. |
9 | (2) Property owned by an authority. |
10 | Section 603. Entry upon land for surveys and examinations. |
11 | (a) Representatives.--Designated representatives of the |
12 | Commonwealth or a county, municipality or authority, upon |
13 | serving a reasonable notice and with the authorization of the |
14 | landowner or occupier, may enter upon lands in the plan area to |
15 | make surveys and examinations to accomplish the planning |
16 | purposes of this act. |
17 | (b) Inspections.--The department is authorized to make |
18 | inspections, conduct tests or sampling or examine books, papers |
19 | and records pertinent to any matter under investigation pursuant |
20 | to this act as it deems necessary to determine compliance with |
21 | this act, and, for this purpose, the duly authorized agents and |
22 | employees of the department are authorized at all reasonable |
23 | times to enter and examine any property, facility, operation or |
24 | activity. |
25 | (c) Agents and employees.--The owner, operator or other |
26 | person in charge of property, facilities, operations or |
27 | activities where storm water or integrated water resources |
28 | management facilities are located shall, upon presentation of |
29 | proper identification and purpose for inspection, give agents |
30 | and employees of the department free and unrestricted entry and |
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1 | access, and, upon refusal to grant entry or access, the agent or |
2 | employee may obtain a search warrant or other suitable order |
3 | authorizing entry and inspection. It shall be sufficient |
4 | probable cause to issue a search warrant authorizing examination |
5 | and inspection if there is probable cause to believe that the |
6 | object of the investigation is subject to regulation under this |
7 | act and access, examination or inspection is necessary to |
8 | enforce the provisions of this act. |
9 | Section 604. Preservation of existing rights and remedies. |
10 | The taking of any action under the provisions of this act |
11 | shall not be construed as estopping the Commonwealth or any |
12 | county, municipality or aggrieved person from proceeding in |
13 | courts of law or equity to abate nuisances under existing law or |
14 | to restrain, at law or in equity, a violation of this act. |
15 | Section 605. Civil remedies. |
16 | (a) Public nuisance.--Any activity conducted in violation of |
17 | the provisions of this act or of any comprehensive storm water |
18 | management plan or integrated water resources management plan or |
19 | regulations or ordinances adopted under this act is hereby |
20 | declared a public nuisance. |
21 | (b) Actions.-- |
22 | (1) Suits to restrain, prevent or abate violations of |
23 | this act or of any comprehensive storm water management plan, |
24 | integrated water resources management plan, regulations or |
25 | ordinances adopted under this act may be instituted in equity |
26 | or at law by the department, any affected county or |
27 | municipality or any aggrieved person in any court of |
28 | competent jurisdiction. |
29 | (2) Except in cases of emergency where, in the opinion |
30 | of the court, the circumstances of the case require immediate |
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1 | abatement of the unlawful conduct, the court may, in its |
2 | decree, fix a reasonable time during which the person |
3 | responsible for the unlawful conduct shall correct or abate |
4 | the conduct. |
5 | (3) The costs, attorney fees, administrative fees and |
6 | other expenses associated with proceeding under this section |
7 | shall be recoverable from the violator. |
8 | (c) Any person injured by conduct which violates the |
9 | provisions of this act may, in addition to any other remedy |
10 | provided under this act, recover damages caused by a violation |
11 | from the landowner or other responsible person. |
12 | Section 606. Administrative procedure and judicial review. |
13 | (a) Appeal of action of department.--Any person aggrieved by |
14 | any action of the department under this act shall have the right |
15 | within 30 days of receipt of notice of such action to appeal to |
16 | the Environmental Hearing Board. |
17 | (b) Appeal of action of political subdivision.--Any person |
18 | aggrieved by any action of a county, municipality or water |
19 | resources management authority under this act shall have a right |
20 | to appeal in accordance with 2 Pa.C.S. Chs. 5 (relating to |
21 | practice and procedure) and 7 (relating to judicial review). |
22 | Section 607. Integrated Water Resources Management Account. |
23 | All fees collected by the department under this act shall be |
24 | paid into the State Treasury into a special restricted receipt |
25 | account in the General Fund, known as the Integrated Water |
26 | Resources Management Account, which shall be administered by the |
27 | department to implement the purposes of this act and which funds |
28 | are hereby appropriated to the Department of Environmental |
29 | Protection for such purposes. |
30 | Section 608. Grants and reimbursements. |
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1 | (a) Grants.--The department may administer grants to |
2 | counties and water resources management authorities to assist or |
3 | reimburse the counties, municipalities and the water resources |
4 | management authorities for allowable costs in preparing the |
5 | initial comprehensive storm water management plans and |
6 | integrated water resources management plans under this act. |
7 | Grants and reimbursements shall be made from, and to the extent |
8 | of, funds appropriated by the General Assembly for such purposes |
9 | and shall be made in accordance with rules and regulations |
10 | promulgated or amended by the Environmental Quality Board. |
11 | (b) Limitation.--The grants shall equal 75% of the allowable |
12 | costs under this act. |
13 | (c) State grants.--For purposes of this section, State |
14 | grants shall be in addition to grants for similar purposes made |
15 | to any county or authority by the Federal Government, or other |
16 | sources, provided that the grants authorized by this section |
17 | shall be limited such that the total of all State grants does |
18 | not exceed 75% of allowable costs under this act. |
19 | (d) Applicability.--Nothing in this section shall be |
20 | construed to impair or limit application of this act to any |
21 | municipality, county, water resources management authority or |
22 | person or to relieve any municipality, county, water resources |
23 | management authority or person of duties imposed under this act. |
24 | (e) Report by department.--If, in any fiscal year, |
25 | appropriations are insufficient to cover the costs or grants and |
26 | reimbursement to all municipalities, counties and water |
27 | resources management authorities eligible for grants and |
28 | reimbursements in that fiscal year, the department shall report |
29 | that fact to the General Assembly and shall request |
30 | appropriation of funds necessary to provide the grants and |
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1 | reimbursements authorized under this section. If a deficiency |
2 | appropriation is not enacted, any municipality, county or water |
3 | resources management authority which has not received the full |
4 | amount of the grant or reimbursement for which it is eligible |
5 | under this section shall be, as a first priority, reimbursed |
6 | from appropriations made in the next successive fiscal year. |
7 | (f) Reimbursement of expenses.--Municipalities located in |
8 | watershed-based planning areas for which comprehensive storm |
9 | water management or integrated water resources management plans |
10 | have been prepared or updated and adopted by counties and |
11 | approved by the department shall be eligible for annual |
12 | reimbursement equal to 75% of net expenses incurred in the |
13 | adoption or revision of ordinances or regulations and other |
14 | actual administrative, enforcement and implementation costs |
15 | incurred in complying with this act and the applicable approved |
16 | plans for the first five years after adoption of plans and |
17 | approval by the department. |
18 | (g) Notwithstanding the grant and reimbursement limitations |
19 | in subsections (a) and (f), where implementation and maintenance |
20 | of the plans and other requirements of this act cannot be |
21 | sustained by funding generated by water resource authorities, |
22 | the Commonwealth may supplement funding through payments not to |
23 | exceed 75% of allowable costs. |
24 | Section 609. Waiver of use of grant and loan funds. |
25 | A municipality, county or authority receiving grants or loans |
26 | from the Commonwealth or its agencies for the construction or |
27 | repair of any storm water BMP or flood control projects where |
28 | the Commonwealth's funds are restricted from paying for the |
29 | acquisition of property, a right-of-way or property removal or |
30 | demolition necessary for the completion of a project may receive |
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1 | a waiver to spend up to 5% of the grant or loan for these |
2 | activities upon the approval of the appropriate Commonwealth |
3 | agency. |
4 | CHAPTER 7 |
5 | MISCELLANEOUS PROVISIONS |
6 | Section 701. Repeals. |
7 | (a) Intent.--The General Assembly declares that the repeal |
8 | under subsection (b) is necessary to effectuate the addition of |
9 | this act. |
10 | (b) Provision.--Sections 9(b) and 14(b) of the act of |
11 | October 4, 1978 (P.L.864, No.167), known as the Storm Water |
12 | Management Act, are repealed. |
13 | (c) General.--All other acts and parts of acts are repealed |
14 | insofar as they are inconsistent with this act. |
15 | Section 702. Effective date. |
16 | This act shall take effect in 60 days. |
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