Bill Text: PA HB14 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for failure of municipalities to adopt implementing ordinances.

Spectrum: Moderate Partisan Bill (Republican 21-4)

Status: (Introduced - Dead) 2010-07-27 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB14 Detail]

Download: Pennsylvania-2009-HB14-Introduced.html

  

 

    

PRINTER'S NO.  4117

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

14

Session of

2010

  

  

INTRODUCED BY GABLER, BAKER, BROOKS, CAUSER, CHRISTIANA, CREIGHTON, DENLINGER, EVERETT, GINGRICH, GODSHALL, HESS, KILLION, LONGIETTI, MAHONEY, METZGAR, MOUL, MURT, OBERLANDER, PRESTON, QUINN, RAPP, ROAE, SWANGER, TURZAI AND HORNAMAN, JULY 27, 2010

  

  

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JULY 27, 2010  

  

  

  

AN ACT

  

1

Amending the act of October 4, 1978 (P.L.864, No.167), entitled

2

"An act providing for the regulation of land and water use

3

for flood control and storm water management purposes,

4

imposing duties and conferring powers on the Department of

5

Environmental Resources, municipalities and counties,

6

providing for enforcement, and making appropriations,"

7

further providing for failure of municipalities to adopt

8

implementing ordinances.

9

The General Assembly of the Commonwealth of Pennsylvania

10

hereby enacts as follows:

11

Section 1.  Section 12(c) of the act of October 4, 1978

12

(P.L.864, No.167), known as the Storm Water Management Act, is

13

amended and the section is amended by adding a subsection to

14

read:

15

Section 12.  Failure of municipalities to adopt implementing

16

ordinances.

17

* * *

18

[(c)  If within 180 days of receipt of the notice of

19

violation, the municipality has failed to comply with such

 


1

requirement or regulation, as determined by the department, the

2

department shall notify the State Treasurer to withhold payment

3

of all funds payable to the municipality from the General Fund.

4

Provided, that prior to any withholding of funds, the department

5

shall give both notice to the municipality of its intention to

6

notify the State Treasurer to withhold payment of funds and the

7

right to appeal the decision of the department within the 180-

8

day period following notification. The hearing shall be

9

conducted before the Environmental Hearing Board in accordance

10

with the provisions of the act of April 9, 1929 (P.L.177,

11

No.175), known as "The Administrative Code of 1929," and

12

Chapters 5 and 7 of Title 2 (Administrative Law and Procedure),

13

of the Pennsylvania Consolidated Statutes. If an appeal is filed

14

within the 180-day period, funds shall not be withheld from the

15

municipality until the appeal is decided.]

16

* * *

17

(e)  Any municipality aggrieved by an action of the

18

department shall have the right within 60 days of receipt of

19

notice of such action to appeal such action to the Environmental

20

Hearing Board pursuant to section 1921-A of "The Administrative

21

Code of 1929," and the provisions of Chapters 5 and 7 of Title 2

22

of the Pennsylvania Consolidated Statutes.

23

Section 2.  This act shall take effect in 60 days.

- 2 -

 


feedback