1Updating and expanding the storm water planning requirements to
2be undertaken by counties; authorizing counties to regulate
3storm water within a watershed-based planning area;
4authorizing the formation of water resources management
5authorities; enabling counties, municipalities and water
6resources management authorities to develop integrated water
7resources management plans; imposing duties and conferring
8powers on the Department of Environmental Protection, the
9Environmental Quality Board, counties, municipalities and
10water resources management authorities; providing for
11financing and for waiver of use for certain grant or loan
12funds; and making related repeals.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15TABLE OF CONTENTS

16Chapter 1.  General Provisions

17Section 101.  Short title.

18Section 102.  Legislative findings.

19Section 103.  Purpose.

20Section 104.  Definitions.

21Chapter 3.  Powers and Duties

22Section 301.  Powers and duties of counties.

23Section 302.  Powers and duties of department and Environmental

1Quality Board.

2Section 303.  Powers and duties of municipalities.

3Section 304.  Powers and duties of water resources management
4authorities.

5Chapter 5.  Comprehensive Storm Water Management Planning

6Section 501.  Comprehensive storm water planning and management
7requirements.

8Section 502.  Review and approval or disapproval by department.

9Section 503.  Implementation of comprehensive storm water
10management plans.

11Section 504.  Failure to submit or implement comprehensive storm
12water management plan.

13Section 505.  Failure of municipalities to adopt ordinances and
14implement plans.

15Chapter 7.  Integrated Water Resources Management Planning and
16Procedure

17Section 701.  Water resources management coordination and
18integration.

19Section 702.  Integrated water resources management planning
20process.

21Section 703.  Integrated water resources management plan
22requirements.

23Section 704.  Implementation of integrated water resources
24management plans.

25Section 705.  Water resources management corridors.

26Section 706.  Failure of municipalities to adopt implementing
27ordinances.

28Chapter 9.  Water Resources Management Authorities

29Section 901.  Water resources management authorities.

30Section 902.  Additional powers and duties of water resources

1management authorities.

2Chapter 11.  Rights, Remedies, Funding and Enforcement

3Section 1101.  Duty of persons engaged in development of land.

4Section 1102.  Funding and imposing fees on tax-exempt property.

5Section 1103.  Entry upon land for surveys and examinations.

6Section 1104.  Preservation of existing rights and remedies.

7Section 1105.  Civil remedies.

8Section 1106.  Administrative procedure and judicial review.

9Section 1107.  Integrated Water Resources Management Account.

10Section 1108.  Grants and reimbursements.

11Section 1109.  Waiver of use of grant and loan funds.

12Chapter 13.  Miscellaneous Provisions

13Section 1301.  Repeals.

14Section 1302.  Effective date.

15The General Assembly of the Commonwealth of Pennsylvania
16hereby enacts as follows:

17CHAPTER 1

18GENERAL PROVISIONS

19Section 101.  Short title.

20This act shall be known and may be cited as the Integrated
21Water Resources Restoration, Protection and Management Act.

22Section 102.  Legislative findings.

23The General Assembly finds that:

24(1)  Inadequate management of storm water runoff and the
25insufficient planning, coordination and integration of
26regulatory programs associated with water resources
27management activities cause increased flood flows and
28velocities, contribute to accelerated erosion and
29sedimentation, overtax the carrying capacity of streams and
30storm sewers, greatly increase the cost of public facilities

1to carry and control storm water and wastewater, undermine
2flood plain management and flood control efforts in
3downstream communities, reduce groundwater recharge, diminish
4the quality and quantity of water supplies and threaten the
5environment, public health, safety and property.

6(2)  The act of October 4, 1978 (P.L.864, No.167), known 
7as the Storm Water Management Act, is not sufficiently 
8comprehensive to address the needs of this Commonwealth. 
9While the act provides a basis for storm water management 
10planning by counties on a watershed basis, additional 
11provisions are needed in addition to the Storm Water 
12Management Act requirements to provide integrated and 
13thorough planning and management of water resources in 
14watershed-based planning areas and to address current and 
15past water resources management problems, as well as 
16prospective and ongoing development.

17(3)  A comprehensive, integrated approach to water 
18resources management, building on the protections established 
19under the act of June 22, 1937 (P.L.1987, No.394), known as 
20The Clean Streams Law, including reasonable regulation of 
21development and activities causing adverse impacts to waters 
22of this Commonwealth, is fundamental to public health, safety 
23and welfare and protection of the citizens of this 
24Commonwealth, their resources and the environment.

25(4)  Adequate management of this Commonwealth's water
26resources requires additional legal mechanisms for
27coordination and integration of water resources management
28planning among State agencies and county and municipal
29governments.

30(5)  Dedicated funding is needed to develop and implement

1integrated water resources management plans to protect,
2maintain, reclaim and restore this Commonwealth's water
3resources and the environment and to protect public health,
4safety and property.

5Section 103.  Purpose.

6The purpose of this act is to:

7(1)  Provide for more comprehensive storm water planning 
8and management, building on the framework found in the act of 
9October 4, 1978 (P.L.864, No.167), known as the Storm Water 
10Management Act, and implementing the act of June 22, 1937 
11(P.L.1987, No.394), known as The Clean Streams Law, to 
12authorize planning for and remediation of storm water-
13associated problems and to integrate related water resources 
14management programs.

15(2)  Restore, reclaim, protect and maintain the water
16quality, quantity and natural hydrologic regime; regulate
17and, where appropriate, restrict development in the floodways
18and floodplains of this Commonwealth's rivers and streams;
19preserve the carrying capacity of watercourses; and protect,
20maintain, reclaim and restore surface waters and groundwaters
21of this Commonwealth.

22(3)  Protect the natural resources, environmental rights
23and values secured by the Constitution of Pennsylvania.

24(4)  Authorize counties to undertake and enforce
25comprehensive, ecologically sustainable and consistent water
26resources management planning; consolidate and coordinate
27governmental resources; and establish a dedicated, stable and
28tailored funding source. If a county does not elect to
29undertake such integrated water resources planning or
30management, municipalities or water resources management

1authorities are authorized to undertake these activities.

2(5)  Encourage the regional implementation of integrated
3water resources management plans within watershed-based
4planning areas to preserve and protect areas from the adverse
5effects of fragmented planning related to water resources
6protection, water infrastructure, wet weather and wastewater
7management, storm water runoff and subsurface drainage.

8(6)  Authorize the creation of water resources management
9authorities to enable counties and municipalities to
10regulate, manage, operate and maintain activities, facilities
11and development that may affect storm water runoff or water
12resources within watershed-based planning areas; regulate,
13implement and manage comprehensive storm water management
14plans or integrated water resources management plans within
15watershed-based planning areas; and undertake the planning
16related thereto under this act when appropriate.

17(7)  Encourage water resources management authorities to
18utilize a comprehensive integrated water resources approach
19for water resources protection, maintenance and improvement,
20including quantity and quality, and other environmental
21benefits.

22(8)  Authorize dedicated funding to develop and implement
23updated, expanded and comprehensive storm water planning and
24management, as well as to develop and implement integrated
25water resources management plans to protect, maintain,
26reclaim and restore this Commonwealth's water resources and
27to protect public health, safety, property and the
28environment.

29Section 104.  Definitions.

30The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Best management practices."  Activities, facilities, 
4measures or procedures used to protect, maintain, reclaim and 
5restore the quantity and quality of waters and uses within this 
6Commonwealth.

7"Bonds."  The notes, bonds and other evidence of indebtedness 
8or obligations which are authorized to be issued under section 
9502.

10"Clean Streams Law."  The act of June 22, 1937 (P.L.1987, 
11No.394), known as The Clean Streams Law.

12"Comprehensive storm water management plan."  A storm water 
13management plan developed in accordance with act of October 4, 
141978 (P.L.864, No.167), known as the Storm Water Management Act, 
15and the requirements of Chapter 5.

16"Critical water planning area."  An area identified under 27 
17Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents).

18"Department."  The Department of Environmental Protection of 
19the Commonwealth.

20"Infrastructure."  Structural elements, structural and 
21nonstructural management practices and operating procedures that 
22support drinking water, wastewater, storm water, floodplain and 
23other water resources management activities.

24"Integrated water resources management."  Implementation of 
25multiple statutory and regulatory planning obligations related 
26to the water resources of this Commonwealth.

27"Integrated water resources management plan."  A plan 
28containing all of the elements prescribed under the act of 
29October 4, 1978 (P.L.864, No.167), known as the Storm Water 
30Management Act, and the additional requirements of Chapters 5 

1and 7 which include proposals for regulating activities and 
2development that may affect water resources and wastewater 
3management within the planning area.

4"Land development."  The subdivision of land, or the 
5improvement of one or more lots, tracts or parcels of land for 
6any purpose.

7"Municipalities Planning Code."  The act of July 31, 1968 
8(P.L.805, No.247), known as the Pennsylvania Municipalities 
9Planning Code.

10"Municipality."  A city, borough, town, township or another 
11governmental unit when acting as an agent thereof or any 
12combination of these acting jointly.

13"Recharge."  The process by which water is absorbed and is 
14added to the zone of saturation of a groundwater aquifer. The 
15term includes the quantity of water that is added to the zone of 
16saturation.

17"Remedial plan."  A plan containing all of the elements 
18prescribed under section 501, which includes requirements for 
19assessment and remediation of storm water-related problems.

20"Storm water."  Drainage runoff from the surface of the land 
21resulting from precipitation or snow or ice melt.

22"Storm water best management practice" or "Storm water BMP." 
23Activities, facilities, measures or procedures used to protect, 
24maintain, reclaim and restore the quantity and quality of waters 
25and uses within this Commonwealth as approved by the department. 
26The term includes plans under the act of October 4, 1978 
27(P.L.864, No.167), known as the Storm Water Management Act, or 
28other plans, treatment requirements, operating procedures and 
29practices to manage and control the rate, volume and water 
30quality of storm water runoff.

1"Storm Water Management Act."  The act of October 4, 1978 
2(P.L.864, No.167), known as the Storm Water Management Act.

3"Storm water management plan."  A plan for storm water 
4management prepared and adopted by a county in accordance with 
5act of October 4, 1978 (P.L.864, No.167), known as the Storm 
6Water Management Act.

7"Submitting agency."  A county, counties, multiple 
8municipalities or a water resources management authority which 
9elects to develop and submit an integrated water resources 
10management plan, in accordance with the requirements of section 
11701(a), to the Department of Environmental Protection for 
12approval under this act.

13"Subsurface drainage."  Drainage runoff which occurs below 
14the surface of the ground resulting from precipitation or snow 
15or ice melt.

16"Water resources management authority."  A body politic and 
17corporate created under the former act of May 2, 1945 (P.L.382, 
18No.164), known as the Municipality Authorities Act of 1945, 53 
19Pa.C.S. Ch. 56 (relating to municipal authorities) or section 
20501 for the purpose of planning, constructing, operating, 
21maintaining, managing and regulating storm water or integrated 
22water resources management structures, practices and activities.

23"Water resources management planning."  Planning based on 
24watershed areas to protect, maintain, reclaim and restore the 
25quality and quantity of surface water and groundwater and the 
26physical, chemical and biological characteristics of bodies of 
27water from the effects of past and future activities and 
28development while assuring sustainable supplies of clean water 
29to meet current and future needs and minimizing the impact of 
30storm water on public health, safety, property and the 

1environment.

2"Watershed."  The entire region or area drained by a river or 
3other body of water, whether natural or artificial.

4"Watershed-based planning area."  A planning area approved by 
5the Department of Environmental Protection and based on 
6watershed boundaries, as well as political boundaries or 
7geographic considerations, that is the focus of a comprehensive 
8storm water management plan or integrated water resources plan.

9CHAPTER 3

10POWERS AND DUTIES

11Section 301.  Powers and duties of counties.

12(a)  Comprehensive storm water management plan.--A county
13shall ensure implementation of a comprehensive storm water
14management plan in accordance with section 501. In addition to
15any existing powers, and consistent with the requirements of
16section 701(a), the county may elect to develop or implement an
17integrated water resources management plan in accordance with
18Chapter 7.

19(b)  Review and comment.--A county shall review and comment
20on the location, design and construction within the watershed-
21based planning area of facilities owned or financed, in whole or
22in part, by funds from this Commonwealth, including storm water
23facilities, water obstructions, flood control projects, highways
24and transportation facilities and facilities for the provision
25of public utility service, to assure their consistency with the
26plans developed pursuant to this act. The county shall review
27and take action on such submissions concurrent with the review
28period as provided in Article IV of the Municipalities Planning
29Code.

30(c)  Inspection.--In accordance with plans developed under

1this act, a county shall also ensure inspection of water
2resources-related facilities, provide for routine operation and
3maintenance of water resources management facilities and
4construct water resources management facilities.

5(d)  Public comment.--A county shall provide for public
6comment on all proposed publicly financed water resources
7capital projects undertaken pursuant to the remedial plan
8requirements in Chapter 5.

9(e)  Compliance.--Nothing that a county does under this act
10shall relieve any person engaged in activities or in the
11alteration or development of land of the responsibility to
12comply with the requirements of storm water ordinances of
13municipalities, an approved integrated water resources
14management plan and the requirements of the Storm Water
15Management Act, as well as all of the legal requirements of the
16other programs for which planning will be integrated in an
17integrated water resources management plan.

18Section 302.  Powers and duties of department and Environmental
19Quality Board.

20(a)  Department.--The department shall have the power and
21duty to:

22(1)  Coordinate the management of water resources in this
23Commonwealth, including the authority to develop guidelines,
24processes and certification programs for consulting and
25engineering services.

26(2)  Develop processes and procedures for resolving
27disputes associated with comprehensive storm water integrated
28water resources management planning among county and
29municipal planning bodies and government agencies concerning
30plan development or implementation.

1(3)  Develop guidelines and policies to implement the
2purposes of this act, including specific comprehensive storm
3water management plan or integrated water resources
4management plan scope and content requirements, model
5integrated water resources management plans and model
6ordinances. The department may prepare and issue such
7guidelines as may be appropriate to assist in the
8implementation of this act.

9(4)  Charge reasonable fees associated with the review of
10integrated water resources management plans. Such fees shall 
11reasonably reflect the cost of review.

12(5)  Approve, disapprove or conditionally approve
13comprehensive storm water management plans and integrated
14water resources management plans.

15(6)  Undertake enforcement as necessary and appropriate
16and in accordance with this act.

17(7)  Take any other action required to carry out the
18purposes and policies of this act.

19(8)  Upon request of a county or municipality, provide
20technical assistance appropriate to accomplish the purposes
21of this act.

22(b)  Other laws.--Nothing in this act shall be construed to
23abrogate the authority of the department under any of the
24environmental laws administered by the department.

25(c)  Board.--The Environmental Quality Board shall adopt
26rules and regulations of the department as are necessary and
27appropriate to carry out the purposes of this act.

28Section 303.  Powers and duties of municipalities.

29(a)  Implementation of plans.--A municipality or multiple
30municipalities shall have the power and duty to implement

1comprehensive storm water management plans and any applicable
2integrated water resources management plan.

3(b)  Plan.--Consistent with the requirements of section
4701(a), multiple municipalities may elect to develop an
5integrated water resources management plan in accordance with
6Chapter 7.

7(c)  Land development and activities.--Municipalities shall
8regulate land development and activities consistent with the
9most recent applicable approved comprehensive storm water
10management plan or integrated water resources management plan
11and shall adopt ordinances to implement these plans.

12(d)  Construction.--Nothing in this act shall be construed to
13prohibit a municipality or county from enforcing any zoning,
14subdivision or land development ordinance which the municipality
15or county has adopted that is not in conflict with plans
16developed under this act.

17Section 304.  Powers and duties of water resources management
18authorities.

19(a)  Plan.--Water resources management authorities shall have
20the power and duty to implement and administer comprehensive
21storm water management plans when so designated and to implement
22and administer integrated water resources management plans when
23so designated.

24(b)  Integrated plan.--Consistent with the requirements of
25section 701(a), water resources management authorities may elect
26to develop an integrated water resources management plan in
27accordance with Chapter 7.

28(c)  Powers and duties.--Water resources management
29authorities shall have the power and duty to set rates and
30assess and collect fees to carry out the purposes of this act.

1(d)  Annual report.--Water resources management authorities
2shall provide an annual report of actions and activities to the
3department.

4CHAPTER 5

5COMPREHENSIVE STORM WATER MANAGEMENT PLANNING

6Section 501.  Comprehensive storm water planning and management
7requirements.

8(a)  Watershed boundaries.--Comprehensive storm water
9management plans shall be based on the watershed boundaries
10described in plans developed in accordance with the Storm Water
11Management Act, unless an alternate watershed-based planning
12area is approved by the department for good cause shown.

13(b)  Plans and updates.--Within five years of the effective
14date of this section, counties shall prepare or update the plans
15developed in accordance with the Storm Water Management Act and,
16at a minimum, shall also prepare a remedial plan, which together
17shall constitute the comprehensive storm water management plan.
18At a minimum, the remedial plan shall include the following:

19(1)  Identification and assessment of existing problems
20associated with storm water runoff and subsurface drainage
21and the conditions that cause or contribute to the problems.

22(2)  Proposed solutions to or remediation of existing
23problems which take into account peak rates of storm water
24runoff, the volume and velocity of storm water runoff and the
25quality of the storm water runoff necessary to prevent
26pollution and to protect, maintain, reclaim and restore
27waters of this Commonwealth, including:

28(i)  A remediation and retrofit priorities list.

29(ii)  A prioritized schedule for implementation and 
30completion of the remedial plan.

1(iii)  A design of a rate structure for fees and
2assessments to implement the remedial plan.

3(iv)  A designation of the entity responsible for
4implementation of the plan and operation and maintenance
5of remedial infrastructure: the county, municipalities or
6a water resources management authority.

7(3)  Inventory of significant existing storm water
8management facilities in the watershed, their engineering
9design features, their ownership and maintenance
10responsibility and an assessment of their functional
11effectiveness.

12(4)  A program for public information, participation and
13education.

14(5)  Provision for comprehensive storm water management
15plan review and update at a minimum of every five years.

16(6)  Demonstration of or steps to achieve general
17consistency with:

18(i)  The applicable comprehensive plans of the
19municipality and county enacted under the Municipalities
20Planning Code.

21(ii)  Other existing applicable Federal, State,
22interstate, regional and county environmental and land
23use plans.

24(iii)  Existing applicable watershed storm water
25management plans, including minimum standards required by
26the Storm Water Management Act.

27(c)  Exception.--Except as provided under this act, the
28requirements and procedures in sections 6, 7, 8, 9, 10, 11 and
2912 of the Storm Water Management Act shall be followed in
30developing the comprehensive storm water management plan under

1this section. These provisions apply to development and
2implementation of the applicable plan and implementing ordinance
3and regulation revisions required by this section.

4(d)  Design criteria and standards.--The comprehensive storm
5water management plan shall identify the design criteria or
6performance standard for any storm water management practice
7implemented under this section, and the county or the department
8shall have no responsibility to reimburse the cost of any
9practice not meeting the design criteria or performance
10standard.

11Section 502.  Review and approval or disapproval by department.

12(a)  General rule.--The department may approve or disapprove
13comprehensive storm water management plans in whole or in part
14or with conditions that the department determines are reasonable
15and appropriate.

16(b)  Effect of inaction by department.--Unless the department
17approves, conditionally approves or disapproves the
18comprehensive storm water management plan within 120 days of
19receipt, the plan shall be deemed acceptable as submitted.

20Section 503.  Implementation of comprehensive storm water
21management plans.

22(a)  Ordinances.--Within 12 months following adoption and
23approval of a comprehensive storm water management plan, each
24municipality shall adopt or amend such ordinances and
25regulations, including zoning, subdivision and development,
26building code and erosion and sedimentation ordinances,
27necessary to regulate development and activities and to control
28storm water within the municipality in a manner consistent with
29the applicable comprehensive storm water management plan,
30including the remedial plan to address existing problems, and

1the provisions of the Storm Water Management Act and this act.

2(b)  Remedial plan.--Following adoption and approval of
3comprehensive storm water management plans, the responsible
4entity shall implement the remedial plan.

5(c)  Infrastructure implementation.--Unless otherwise
6specified in a department-approved and department-adopted
7comprehensive storm water management plan, infrastructure
8improvements under the comprehensive storm water management plan
9may be implemented through any of the following:

10(1)  Each municipality will carry out the plan within its
11boundaries, either individually or by agreement with another
12municipality, county or a joint agency.

13(2)  One or more municipalities in the watershed may
14request that the county or counties in the watershed assume
15responsibility for implementation of the plan. The county or
16counties may assume responsibility for implementation of the
17plan and operational authority for the storm water facilities
18as provided for in the plan, but only for municipalities that
19agree to allow the county or counties to assume
20implementation responsibilities.

21(3)  If two-thirds of the municipalities, representing at
22least 51% of the population within the watershed, through
23adoption of resolutions of their governing bodies, request
24that the county or counties in the watershed assume
25responsibility for implementation of the plan, then the
26county or counties shall meet with the municipalities to 
27develop a plan of implementation agreeable to the county or 
28counties.

29(d)  Responsible entity.--Where the responsible entity fails
30to timely implement the remedial plan associated with approved

1and adopted comprehensive storm water management plans, the
2county may implement the remedial plan.

3(e)  Development of model ordinances.--Within three years of
4the effective date of this section, the department shall develop
5a set of model ordinances, including a specific model
6comprehensive storm water management ordinance, that can be used
7as a guide by municipalities to adopt regulations designed to
8implement the applicable comprehensive storm water management
9plan.

10(f)  Waiver provisions.--The implementing ordinances and
11regulations shall not contain a waiver provision except for
12those waivers included in the model ordinance in the adopted and
13approved comprehensive storm water management plan.

14(g)  Decisions.--The department, other Commonwealth
15departments and agencies and county and municipal governments
16and agencies shall consider and shall make decisions with
17respect to issuance of permits, approvals or grants that are
18generally consistent with comprehensive storm water management
19plans prepared, adopted and approved under this act.

20(h)  Review and issuance procedures.--The department shall
21develop procedures to coordinate the review and issuance of all
22department permits, approvals or grants that cover construction,
23operation and maintenance of all current and future facilities
24that are necessary to implement the comprehensive storm water
25management plans, including the designation of a single point of
26contact for all department permits or approvals for the
27facilities.

28(i)  Construction.--Nothing in this act shall be construed to
29relieve a county or municipality from compliance with existing
30obligations under the Storm Water Management Act.

1Section 504.  Failure to submit or implement comprehensive storm
2water management plan.

3(a)  Actions.-- A municipality or the department may
4institute an action in mandamus to compel a county to prepare,
5adopt, submit or implement a comprehensive storm water
6management plan in accordance with the Storm Water Management
7Act and this act.

8(b)  Administrative remedies.--The department may utilize
9administrative remedies, including administrative orders, or may
10institute an action in mandamus to compel a county to prepare,
11adopt, submit or implement a comprehensive storm water
12management plan in accordance with the Storm Water Management
13Act and this act.

14(c)  Reimbursement.--When action by the municipality or 
15department is required to compel a county to prepare, adopt, 
16submit or implement a plan, the department shall not provide
17grants or reimbursements to the county for the cost of the plan.

18(d)  Costs and fees.--The costs, attorney fees,
19administrative fees and other expenses associated with
20proceedings under this section shall be recoverable from the
21violator.

22Section 505.  Failure of municipalities to adopt ordinances and
23implement plans.

24(a)  Procedure following approval.--Following adoption and
25approval of a comprehensive storm water management plan:

26(1)  Any person may institute an action in mandamus to
27compel a municipality to adopt implementing ordinances and to
28implement a comprehensive storm water management plan and
29ordinances in accordance with the Storm Water Management Act
30and this act.

1(2)  The county or the department may utilize
2administrative remedies, including administrative orders, or
3may institute an action in mandamus to compel a municipality
4to adopt ordinances or to implement a comprehensive storm
5water management plan in accordance with the Storm Water
6Management Act and this act.

7(3)  When action by the county, the department or any
8person is required to compel a municipality to adopt
9ordinances or to implement a comprehensive storm water
10management plan, the department shall not provide grants or
11reimbursements to the municipality for the associated costs.

12(b)  Costs and fees.--The costs, attorney fees,
13administrative fees and other expenses associated with
14proceedings under this section shall be recoverable from the
15violator.

16CHAPTER 7

17INTEGRATED WATER RESOURCES MANAGEMENT

18PLANNING AND PROCEDURE

19Section 701.  Water resources management coordination and
20integration.

21(a)  Submitting agency.--A county or multiple counties may
22elect to develop integrated water resources management plans. If
23a county or counties have not provided notice to the department
24of the intention to develop an integrated water resources
25management plan, then multiple municipalities or water resources
26management authorities located in such counties may elect to
27develop integrated water resources management plans in
28accordance with this act, beginning one year from the effective
29date of this act.

30(b)  Plans.--Integrated water resources management plans may

1be developed for individual or multiple watersheds, or upon
2department-approved watershed-based planning areas, designated
3in accordance with, but not limited to, the following
4considerations:

5(1)  Existence of critical water planning areas.

6(2)  Waters listed pursuant to 33 U.S.C. § 1313(d) 
7(relating to water quality standards and implementation 
8plans).

9(3)  Flooding history.

10(4)  Special protection watersheds.

11(5)  Current or projected population density.

12(6)  Current or projected rate of development.

13(7)  Percent of impervious cover.

14(c)  Minimum requirements.--Integrated water resources
15management plans shall, at a minimum, be consistent with this
16act and the following statutes:

17(1)  The Federal Water Pollution Control Act (62 Stat. 
181155, 33 U.S.C. § 1251 et seq.).

19(2)  The Safe Drinking Water Act (Public Law 93-523, 21 
20U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.).

21(3)  The Clean Streams Law.

22(4)  The act of May 1, 1984 (P.L.206, No.43), known as 
23the Pennsylvania Safe Drinking Water Act.

24(5)  The Storm Water Management Act.

25(6)  The act of October 4, 1978 (P.L.851, No.166), known 
26as the Flood Plain Management Act.

27(7)  The act of January 24, 1966 (1965 P.L.1535, No.537), 
28known as the Pennsylvania Sewage Facilities Act.

29(8)  The act of November 26, 1978 (P.L.1375, No.325), 
30known as the Dam Safety and Encroachments Act.

1(9)  The Water Resources Development Act of 1986 (Public 
2Law 99-662, 33 U.S.C. § 2213(j)).

3(10)  The act of June 24, 1939 (P.L.842, No.365), 
4referred to as the Water Rights Law.

5(11)  The act of May 15, 1945 (P.L.547, No.217), known as 
6the Conservation District Law.

7(12)  The Municipalities Planning Code.

8(13)  The Municipality Authorities Act.

9(14)  The provisions of 3 Pa.C.S. Ch. 5 (relating to 
10nutrient management and odor management).

11(15)  Any other applicable Federal or State law as
12determined by the department.

13(d)  Entities.--Entities which elect to undertake integrated
14water resources management planning shall do so in accordance
15with this act.

16(e)  Compliance.--If an entity elects to undertake integrated
17water resources management planning and the plan is approved by
18the department in accordance with this act, the entity is deemed
19to have satisfied the procedural and substantive planning
20requirements of the acts listed in subsection (c) that impose
21planning requirements.

22Section 702.  Integrated water resources management planning
23process.

24(a)  Boundaries.--Integrated water resource management plans
25shall be based upon the boundaries described in plans developed
26in accordance with section 701(b), unless an alternate
27watershed-based planning area is approved by the department for
28good cause shown.

29(b)  Development.--Public participation in the development of
30the integrated water resources management plan shall be provided

1as follows:

2(1)  An integrated water resources management plan
3advisory committee, composed of one representative appointed
4by the governing body of each municipality in the watershed-
5based planning area, the county and any county conservation
6district in the planning area watershed, any compact basin
7commission in the planning area watershed and other agencies
8and groups, as are necessary and proper, shall be established
9to advise the submitting agency throughout the process.

10(2)  Prior to adoption, the plan shall be reviewed by the
11official planning agency, if one exists, and governing body
12of each municipality and county and by each regional planning
13agency in the watershed for general consistency with other
14plans and programs affecting the watershed-based planning 
15area. All such reviews and the submitting agency's responses
16shall be submitted to the department with the plan at the
17time a review of the plan is requested from the department.

18(3)  Prior to adoption or amendment of the plan,
19reasonable public notice shall be given at least 14 days
20prior to the hearing, and a public hearing shall be held
21within the watershed-based planning area.

22(c)  Adoption.--Adoption or amendment by the submitting
23agency of the integrated water resources management plan shall
24be by resolution of the governing body or bodies of the agency
25or agencies identified in subsection (b), which have authorized
26development of the plan.

27(d)  Approval by department.--The following shall apply:

28(1)  Prior to adoption or substantive amendment, the
29submitting agency shall submit the integrated water resources
30management plan to the department for review. The department

1shall approve or conditionally approve the plan if it
2determines that it is generally consistent with the
3following:

4(i)  Section 701(c).

5(ii)  All current approved watershed restoration and
6protection plans that have been developed in the planning
7area.

8(iii)  All current approved total maximum daily loads
9(TMDLs) for waters of the planning area.

10(iv)  All current source water protection plans that
11have been adopted in the planning area.

12(v)  All current river conservation plans in the
13watershed-based planning area that have been approved by
14the Department of Conservation and Natural Resources.

15(vi)  All current critical area resource plans that
16have been approved by the department.

17(vii)  All current applicable water resources plans
18adopted by a river basin commission.

19(2)  Unless the department approves, conditionally
20approves or disapproves the integrated water resources
21management plan within 120 days of receipt, the plan will be
22deemed acceptable as submitted.

23(3)  If the department determines that the proposed
24integrated water resources management plan will not meet the
25requirements of this act, the department will disapprove the
26plan in writing, which writing shall identify the basis for 
27disapproval.

28(4)  The integrated water resources management planning
29area, either based upon the boundaries described in plans
30developed in accordance with the Storm Water Management Act

1or an alternate watershed-based planning area approved by the
2department, shall be considered a reasonable geographic area
3in a multimunicipal comprehensive plan prepared pursuant to
4Article XI of the Municipalities Planning Code as long as the
5county or multiple municipalities follow the procedures in
6Article XI of the Municipalities Planning Code.

7(e)  Design criteria and standards.--The integrated water
8management plan shall identify the design criteria or
9performance standard for any water management practice
10implemented under this section, and the county or the department
11shall have no responsibility to reimburse the cost of any
12practice not meeting the design criteria or performance
13standard.

14Section 703.  Integrated water resources management plan
15requirements.

16(a)  Local authorization.--The following shall apply:

17(1)  The submitting agency may develop an integrated
18water resources management plan as described in this section.
19If all counties or municipalities in the watershed do not
20agree to develop the plan, the plan shall use standards at
21the boundaries of the nonparticipating county or
22municipalities that are consistent with the integrated water
23resources management plan.

24(2)  Federal lands shall be included in the integrated
25water resources management plan in consultation with the
26United States Department of the Interior.

27(3)  State lands shall be included in the integrated
28water resources management plan in consultation with the
29appropriate State agency.

30(4)  The integrated water resources management plan shall

1be generally consistent with comprehensive plans of counties
2and municipalities enacted under the Municipalities Planning
3Code.

4(5)  A comprehensive plan of a county or a municipality
5enacted under the Municipalities Planning Code, after the
6effective date of this section, shall be generally consistent
7with the integrated water resources management plan approved
8under this act that applies to the county or municipality.

9(6)  An integrated water resources management plan
10adopted on a multimunicipal basis pursuant to this act shall
11constitute the water planning required pursuant to section
12301(a)(4) of the Municipalities Planning Code and shall be
13considered a plan for the reliable supply of water pursuant
14to section 301(b) of the Municipalities Planning Code if it
15is a component of a multimunicipal comprehensive plan
16prepared pursuant to Article XI of the Municipalities
17Planning Code, as long as the county or multiple
18municipalities follow the procedures in Article XI of the
19Municipalities Planning Code.

20(b)  Plan content.--The integrated water resources management
21plan, at a minimum, shall:

22(1)  Coordinate the planning provisions in and
23demonstrate consistency with Federal and State statutes and
24programs identified in section 701(a).

25(2)  Delineate the approved watershed-based planning area
26boundary.

27(3)  Inventory all existing and planned water and
28wastewater treatment systems and service areas and all
29significant water resources management facilities within the
30watershed, their ownership and the parties responsible for

1their operation and maintenance and provide an assessment of
2the functional effectiveness of such systems and facilities.

3(4)  Estimate current and future water demands.

4(5)  Identify all local conservation areas such as
5protected riparian corridors, conservation easements,
6wellhead and source water protection areas, preserved
7farmland, greenways, publicly owned land and other areas that
8have land-use restrictions based on natural conditions.

9(6)  Identify all environmentally sensitive features of
10the watershed, such as wetlands, habitat for rare and
11endangered plant and animal species, special protection
12waters and karst geology.

13(7)  Identify and consider all current storm water
14management and watershed protection and restoration plans
15that have been prepared by citizen groups, nonprofit
16organizations, conservation districts, county and municipal
17governments and Federal, State, interstate or regional
18agencies.

19(8)  Identify and describe all existing regionally
20significant water quality problems and water resources
21management problems within the watershed, including those
22caused by domestic or industrial wastewater, nonpoint sources
23of pollution, water availability and storm water and
24floodplain management problems.

25(9)  Project future land-use changes over a ten-year
26period based on population estimates, anticipated
27development, planning and zoning requirements, economic
28considerations and public infrastructure.

29(10)  Identify and evaluate alternatives for future water
30demands, including water supply and wastewater demands.

1(11)  Identify, evaluate and prioritize management 
2practices, procedures and other strategies to protect, 
3maintain, reclaim or restore water quality and water 
4resources based on existing conditions and projected growth 
5and land use changes.

6(12)  Identify the entity responsible for operating and
7maintaining water quality protection and water resources
8management facilities, such as wastewater treatment plants
9and community or individual storm water control facilities.

10(13)  Identify and evaluate potential water conservation
11and reuse measures.

12(14)  Identify and evaluate source water protection
13alternatives.

14(15)  Identify financing alternatives, including rate
15structures for fees and assessments to implement the plan.

16(16)  Present selected financing methods and priorities.

17(17)  Present a prioritized schedule and process for plan
18implementation.

19(18)  Establish a program for public participation,
20information and education.

21(19)  Provide for plan reviews and updates on a minimum
22five-year cycle.

23(20)  Provide model ordinances for plan implementation.

24(c)  Additional issues.--The integrated water resources
25management plans may also address additional issues, including
26the following:

27(1)  Preventing increased flood stages in streams.

28(2)  Controlling the quantity, peak and volume,
29direction, rate and velocity of storm water runoff and
30subsurface drainage and the quality thereof consistent with

1State water quality standards.

2(3)  Improving groundwater recharge.

3(4)  Maximizing the opportunities for integration of
4water resources management and protection under the existing
5laws and regulations.

6(5)  Create water resources management corridors pursuant 
7to section 705.

8(6)  Support ecologically sustainable water management,
9sustainable water supplies, water conservation, surface and
10groundwater management, development of resource strategies,
11providing for long-term infrastructure investment strategies,
12evaluating environmental impacts and options and evaluating
13economic impacts and options.

14Section 704.  Implementation of integrated water resources
15management plans.

16(a)  Requirements.--Within 180 days of the department's
17approval of an integrated water resources management plan, each
18county and municipality within the area subject to the plan
19shall:

20(1)  Adopt or amend ordinances and regulations, including
21zoning, subdivision and development, building code, erosion
22and sedimentation and storm water ordinances, as are
23necessary to regulate development and local activities in a
24manner consistent with the applicable approved plan and the
25provisions of this act.

26(2)  Implement ordinances and regulations, including
27zoning, subdivision and development, building code, erosion
28and sedimentation and storm water ordinances, as are
29necessary to regulate development and local activities in a
30manner consistent with the applicable approved plan and the

1provisions of this act.

2(b)  Infrastructure implementation.--Infrastructure
3improvements under an integrated water resources management plan
4may be implemented through any of the following:

5(1)  A municipality will carry out the plan within its
6boundaries, either individually or by agreement with another
7municipality or county or a joint agency.

8(2)  One or more municipalities in the watershed may
9request that the county or counties in the watershed assume
10responsibility for implementation of the plan. The county or
11counties may assume responsibility for implementation of the
12plan and operational authority for the water resources
13management facilities provided for in the plan, but only for
14municipalities that agree to allow the county or counties to
15assume implementation responsibilities.

16(3)  If two-thirds of the municipalities, representing at
17least 51% of the population within the watershed, through
18adoption of resolutions of their governing bodies, request
19that the county or counties in the watershed assume
20responsibility for implementation of the plan, then the
21county or counties shall meet with the municipalities to 
22develop a plan of implementation agreeable to the county or 
23counties.

24(c)  Development of model ordinances.--Within 180 days of the
25effective date of this section, the department will develop a
26set of model ordinances, including a specific model integrated
27water resources management ordinance, that can be used as a
28guide by local governments to adopt regulations designed to
29implement their integrated water resources management plan.

30(d)  Waiver.--The implementing ordinances and regulations

1shall not contain a waiver provision except for those waivers
2included in the model ordinance in the adopted and approved
3integrated water resources management plan.

4(e)  Permits, approvals or grants.--The department, other
5Commonwealth departments and agencies and county and municipal
6governments and agencies shall consider and shall make decisions
7with respect to issuance of permits, approvals or grants that
8are generally consistent with integrated water resources
9management plans adopted under this act.

10(f)  Review and issuance procedures.--The department shall
11develop procedures to coordinate the review and issuance of all
12department permits, approvals or grants that cover construction,
13operation and maintenance of all current and future facilities
14that are necessary to implement the integrated water resources
15management plans, including the designation of a single point of
16contact for all department permits or approvals for such
17facilities.

18(g)  County implementation.--Where the responsible entity
19fails to timely implement the approved and adopted integrated
20water resources management plan, the county may implement the
21approved integrated water resources management plan.

22Section 705.  Water resources management corridors.

23(a)  Additional limitations.--Integrated water resources
24management plans may establish water resources management
25corridors to provide additional limitations on activities and
26development for protection of waters of this Commonwealth, and
27in the interest of public health and safety, those designated as
28special protection corridors under the department's rules and
29regulations, critical riparian areas, wetlands, critical habitat
30areas and floodplain management areas.

1(b)  Protection of corridors.--The submitting agency shall
2ensure that water resources management corridors are protected
3through acquisition, easements, trusts or other appropriate
4legal instruments that guarantee forested buffering, building
5setbacks and reasonable and appropriate public access.

6(c)  Adjacent watersheds.--Development of integrated water
7resources management plans established for adjacent watersheds
8which contain water resources management corridors shall be
9coordinated by submitting agencies to ensure consistency between
10water resources management corridors.

11Section 706.  Failure of municipalities to adopt implementing
12ordinances.

13(a)  Procedures.--Following adoption and approval of an
14integrated water resources management plan:

15(1)  A county or the department may institute an action
16in mandamus to compel a municipality to adopt implementing
17ordinances and to implement an integrated water resources
18management plan and ordinances in accordance with this act.

19(2)  The county or department may utilize administrative
20remedies, including administrative orders, or may institute
21an action in mandamus to compel a municipality to adopt
22ordinances or to implement an integrated water resources
23management plan in accordance with this act.

24(3)  When action by the county or department or any
25person is required to compel a municipality to adopt
26ordinances or to implement an integrated water resources
27management plan, the department shall not provide grants or
28reimbursements to the municipality for the associated costs.

29(b)  Costs and fees.--The costs, attorney fees and
30administrative fees and other expenses associated with

1proceedings under this section shall be recoverable from the
2violator.

3CHAPTER 9

4WATER RESOURCES MANAGEMENT AUTHORITIES

5Section 901.  Water resources management authorities.

6(a)  Authorities.--A county or multiple counties may elect to
7create a water resources management authority to undertake
8powers and duties as may be delegated by the incorporating
9municipality pursuant to this act. If a county or counties have
10not provided notice to the department of the intention to create
11a water resources management authority, multiple municipalities
12located in a county or counties may create a water resources
13management authority in accordance with this act, beginning one
14year from the effective date of this section.

15(b)  Creation of water resources management authorities.--A 
16county or multiple counties or multiple municipalities which 
17have assumed or plan to assume responsibility for the 
18development, implementation and administration of comprehensive 
19storm water management plans or an integrated water resources 
20management plan shall have the right to incorporate as a water 
21resources management authority pursuant to 53 Pa.C.S. Ch. 56 
22(relating to municipal authorities) for the purposes set forth 
23under 53 Pa.C.S. § 5607 (relating to purposes and powers) 
24relating to projects of the kind and character set forth below:

25(1)  Comprehensive storm water planning, collection,
26treatment, remedial plan implementation and infrastructure
27management and parts thereof, including regulation, operation
28and maintenance, repair, replacement, reconstruction and
29expansion pursuant to the Storm Water Management Act and this
30act.

1(2)  Integrated water resources management in accordance
2with plans adopted and approved under this act.

3(c)  Transfer of authority and obligation to operate and
4maintain water resources management best management practices to
5water authorities.--Transfer of authority shall be conducted as
6follows:

7(1)  The authority and obligation to operate and maintain
8water resources management best management practices,
9including comprehensive storm water management or integrated
10water resources management best management practices on
11private lands, may be transferred to the county or water
12resources management authority at their discretion. Whether
13transferred or not, the operation and maintenance shall be
14consistent with the design standards, criteria, schedules and
15other requirements established under the comprehensive storm
16water management or integrated water resources management
17plans.

18(2)  All transferred obligations shall be subject to an
19easement for maintenance and inspection access.

20Section 902.  Additional powers and duties of water resources
21management authorities.

22(a)  Exceptions.--Except as provided by this act, the 
23requirement and procedures in 53 Pa.C.S. § 5607 (relating to 
24purposes and powers) shall be followed in developing the rates 
25and fees and the process for assessing and collecting such fees.

26(b)  Fee authorization.--In addition to the authority 
27provided in 53 Pa.C.S. § 5607, the water resources management 
28authority may levy a fee on property owners, users or consumers 
29of the services provided by the authority to pay for all costs 
30associated with planning, implementation, administration and 

1enforcement under the Storm Water Management Act or this act, 
2and including the authority to:

3(1)  Fix, alter, charge and collect fees in the area
4served by the county and the associated planning area, as
5determined exclusively by the county, in order to carry out
6the powers and duties authorized under this act, including
7preparation of integrated water resources management plans
8and their implementation and the acquisition or construction
9of storm water or water resources management facilities in
10the watershed or watershed-based planning area. The fee may
11be based, in whole or in part, as a user or service fee,
12special assessment fee, impact fee, bonding or other fee for
13services which reflect the implementation of the
14comprehensive storm water management plan or integrated water
15resources management plan.

16(2)  Collect delinquent fees in accordance with the act 
17of May 16, 1923 (P.L.207, No.153), referred to as the 
18Municipal Claim and Tax Lien Law.

19(3)  Borrow money, make and issue negotiable notes,
20bonds, refunding bonds and other evidences of indebtedness or
21bonds of the agency which may not have a maturity date longer
22than 40 years from the date of issue.

23(4)  Secure payment of the bonds or any part thereof by
24pledge or deed of trust of all or any of its revenues and
25receipts and make agreements with the purchasers or holders
26of bonds or with others in connection with any bonds, whether
27issued or to be issued.

28(5)  Use any available Federal or State funds, and any
29other funds, and set up accounts as necessary to implement
30the provisions of this act.

1(6)  Include in the rate or fee structure costs
2associated with planning, design, construction and operation
3of capital facilities, including the development of
4maintenance schedules.

5(7)  Receive impact fees or participation costs and
6maintenance bonds or other contributions related to provision
7of water resources management services.

8(c)  Reimbursement of implementation and maintenance costs.--
9The following shall apply to reimbursement:

10(1)  A county or municipality shall be reimbursed by the
11water resources management authority for reasonable costs
12that support the comprehensive storm water management plan or
13integrated water resources plan implementation,
14administration and maintenance under subsection (b)(1) and
15(2).

16(2)  Reimbursement shall not include costs related to
17sanitary sewage facilities.

18(3)  The water resources management authority shall have
19the right to audit the county's or municipalities' costs of
20implementation and maintenance for which reimbursement is
21sought.

22(4)  Nothing in this section shall be construed to limit
23or impair application of this act to any county, municipality
24or person, or to relieve any county, municipality or person
25of duties required under this act, including preparation and
26implementation of plans.

27(d)  Design criteria and standards.--The comprehensive storm
28water management plan or integrated water resources management
29plan shall identify the design criteria or performance standard
30for any storm water management practice implemented under this

1section, and the county shall have no responsibility to
2reimburse the cost of any practice not meeting the design
3criteria or performance standard.

4(e)  Maintenance of storm water practices or integrated water
5resources management facilities.--Continuing maintenance of
6storm water or water resources management practice shall be the
7responsibility of the water resources management authority
8implementing the practice under subsection (b)(1) and (2) unless
9there is specific agreement otherwise between the authority and
10the implementing party.

11(f)  Objections.--Any resident, owner of real property or
12person in the plan area questioning the rate or fees fixed by
13the county, including extensions of service thereof, shall first
14raise such objections with the county or the water resources
15management authority, as the case may be. After exhausting their
16administrative remedies, persons may bring suit against the
17water resources management authority or county in the court of
18common pleas of the county in which the principal office of the
19water resources management authority is located.

20CHAPTER 11

21RIGHTS, REMEDIES, FUNDING AND ENFORCEMENT

22Section 1101.  Duty of persons engaged in development of land.

23Any landowner and any person engaged in any activity,
24alteration or development of land which may affect water
25resources or storm water runoff characteristics shall:

26(1)  Manage rate, volume, velocity and quality of runoff
27so as to prevent pollution to waters of this Commonwealth as
28defined in The Clean Streams Law.

29(2)  Implement such measures consistent with the
30provisions of the comprehensive storm water management plan

1or integrated water resources plan, or both if applicable, as
2are reasonably necessary to protect, maintain, reclaim and
3restore waters of this Commonwealth and to prevent injury to
4health, safety or other property.

5Section 1102.  Funding and imposing fees on tax-exempt property.

6(a)  General rule.--Except as provided under subsection (b),
7real property that is exempt from the payment of real estate tax
8shall be subject to the fees and charges imposed in accordance
9with this act.

10(b)  Exempt property.--The following property shall be exempt
11from the fees imposed by this act:

12(1)  Property owned by a political subdivision, county or
13municipality.

14(2)  Property owned by an authority.

15Section 1103.  Entry upon land for surveys and examinations.

16(a)  Representatives.--Designated representatives of the
17Commonwealth or a county, municipality or authority, upon
18serving a reasonable notice and with the authorization of the
19landowner or occupier, may enter upon lands in the plan area to
20make surveys and examinations to accomplish the planning
21purposes of this act.

22(b)  Inspections.--The department may conduct inspections,
23tests or samplings or examine books, papers and records
24pertinent to any matter under investigation pursuant to this act
25as it deems necessary to determine compliance with this act,
26and, for this purpose, the duly authorized agents and employees
27of the department are authorized at all reasonable times to
28enter and examine any property, facility, operation or activity.

29(c)  Agents and employees.--The owner, operator or other
30person in charge of property, facility, operation or activity,

1upon presentation of proper identification and purpose for
2inspection by the agents or employees of the department, shall
3give agents and employees free and unrestricted entry and
4access, and, upon refusal to grant entry or access, the agent or
5employee may obtain a search warrant or other suitable order
6authorizing entry and inspection. It shall be sufficient
7probable cause to issue a search warrant authorizing examination
8and inspection if there is probable cause to believe that the
9object of the investigation is subject to regulation under this
10act and access, examination or inspection is necessary to
11enforce the provisions of this act.

12Section 1104.  Preservation of existing rights and remedies.

13The taking of any action under the provisions of this act
14shall not be construed as estopping the Commonwealth or any
15county, municipality or aggrieved person from proceeding in
16courts of law or equity to abate nuisances under existing law or
17to restrain, at law or in equity, a violation of this act.

18Section 1105.  Civil remedies.

19(a)  Public nuisance.--Any activity conducted in violation of
20the provisions of this act or of any comprehensive storm water
21management plan or integrated water resources management plan or
22regulations or ordinances adopted under this act is hereby
23declared a public nuisance.

24(b)  Actions.--

25(1)  Suits to restrain, prevent or abate violations of
26this act or of any comprehensive storm water management plan,
27integrated water resources management plan, regulations or
28ordinances adopted under this act may be instituted in equity
29or at law by the department, any affected county or
30municipality or any aggrieved person in any court of

1competent jurisdiction.

2(2)  Except in cases of emergency where, in the opinion 
3of the court, the circumstances of the case require immediate
4abatement of the unlawful conduct, the court may, in its
5decree, fix a reasonable time during which the person
6responsible for the unlawful conduct shall correct or abate
7the conduct.

8(3)  The costs, attorney fees, administrative fees and
9other expenses associated with proceeding under this section
10shall be recoverable from the violator.

11(c)  Damages.--Any person injured by conduct which violates
12the provisions of this act may, in addition to any other remedy
13provided under this act, recover damages caused by a violation
14from the landowner or other responsible person.

15Section 1106.  Administrative procedure and judicial review.

16(a)  Appeal of action of department.--Any person aggrieved by
17any action of the department under this act shall have the right
18within 30 days of receipt of notice of such action to appeal to
19the Environmental Hearing Board.

20(b)  Appeal of action of political subdivision.--Any person 
21aggrieved by any action of a county, municipality or water 
22resources management authority under this act shall have a right 
23to appeal in accordance with 2 Pa.C.S. Chs. 5 (relating to 
24practice and procedure) and 7 (relating to judicial review).

25Section 1107.  Integrated Water Resources Management Account.

26All fees collected by the department under this act shall be
27paid into the State Treasury into a special restricted receipt
28account in the General Fund, known as the Integrated Water
29Resources Management Account, which shall be administered by the
30department to implement the purposes of this act and which funds

1are hereby appropriated to the Department of Environmental
2Protection for such purposes.

3Section 1108.  Grants and reimbursements.

4(a)  Grants.--The department may administer grants to
5counties and water resources management authorities to assist or
6reimburse the counties and the water resources management 
7authorities for allowable costs in preparing comprehensive storm
8water management plans and integrated water resources management
9plans under this act. Grants and reimbursements shall be made
10from, and to the extent of, funds appropriated by the General
11Assembly for such purposes and shall be made in accordance with
12rules and regulations promulgated by the Environmental Quality
13Board no later than two years from the effective date of this
14section.

15(b)  Limitation.--The grants shall not exceed 75% of the
16allowable costs for the preparation of a comprehensive storm
17water management plan or integrated water resources management
18plan under this act incurred by any county or authority.

19(c)  State grants.--For purposes of this section, State
20grants shall be in addition to grants for similar purposes made
21to any county or authority by the Federal Government, provided
22that the grants authorized by this section shall be limited such
23that the total of all Federal and State grants does not exceed
2475% of the allowable costs incurred by the county or water
25resources management authority.

26(d)  Applicability.--Nothing in this section shall be
27construed to impair or limit application of this act to any
28municipality, county, water resources management authority or
29person or to relieve any municipality, county, water resources
30management authority or person of duties imposed under this act.

1(e)  Report by department.--If, in any fiscal year,
2appropriations are insufficient to cover the costs or grants and
3reimbursement to all municipalities, counties and water
4resources management authorities eligible for grants and
5reimbursements in that fiscal year, the department shall report
6that fact to the General Assembly and shall request
7appropriation of funds necessary to provide the grants and
8reimbursements authorized under this section. If a deficiency
9appropriation is not enacted, any municipality, county or water
10resources management authority which has not received the full
11amount of the grant or reimbursement for which it is eligible
12under this section shall be, as a first priority, reimbursed
13from appropriations made in the next successive fiscal year.

14(f)  Reimbursement of expenses.--Municipalities located in
15watershed-based planning areas for which storm water management
16or integrated water resources plans have been prepared and
17adopted by counties and approved by the department shall be
18eligible annually for reimbursement for net expenses incurred in
19the adoption or revision of ordinances or regulations and other
20actual administrative, enforcement and implementation costs
21incurred in complying with this act and the applicable approved
22plan.

23Section 1109.  Waiver of use of grant and loan funds.

24A municipality, county or authority receiving grants or loans
25from the Commonwealth or its agencies for the construction or
26repair of any storm water BMP or flood control projects where
27the Commonwealth's funds are restricted from paying for the
28acquisition of property, a right-of-way or property removal or
29demolition necessary for the completion of a project may receive
30a waiver to spend up to 5% of the grant or loan for these

1activities upon the approval of the appropriate Commonwealth
2agency.

3CHAPTER 13

4MISCELLANEOUS PROVISIONS

5Section 1301.  Repeals.

6(a)  Intent.--The General Assembly declares that the repeal
7under subsection (b) is necessary to effectuate the addition of
8this act.

9(b)  Provision.--Sections 9(b) and 14(b) of the act of 
10October 4, 1978 (P.L.864, No.167), known as the Storm Water 
11Management Act, are repealed.

12(c)  General.--All other acts and parts of acts are repealed
13insofar as they are inconsistent with this act.

14Section 1302.  Effective date.

15This act shall take effect in 60 days.