PRINTER'S NO. 930
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
829
Session of
2019
INTRODUCED BY FRITZ, PICKETT, IRVIN, ROTHMAN, RYAN, BERNSTINE,
OBERLANDER, BARRAR, KAUFER, MOUL, ZIMMERMAN, MILLARD, GROVE,
OWLETT, EMRICK, HILL-EVANS, KEEFER AND NEILSON,
MARCH 14, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 14, 2019
AN ACT
Amending the act of July 7, 1961 (P.L.518, No.268), entitled "An
act to create a regional agency by intergovernmental compact
for the planning, conservation, utilization, development,
management and control of the water and related natural
resources of the Delaware River Basin, for the improvement of
navigation, reduction of flood damage, regulation of water
quality, control of pollution, development of water supply,
hydroelectric energy, fish and wildlife habitat and public
recreational facilities, and other purposes, and defining the
functions, powers and duties of such agency," in pollution
control, further providing for enforcement; and, in general
provisions, further providing for effect on riparian rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5.4 of Article 5 and 14.19 of Article 14
in Part I of section 1 of the act of July 7, 1961 (P.L.518,
No.268), known as the Delaware River Basin Compact, are amended
to read:
Section 1. The Commonwealth of Pennsylvania hereby solemnly
covenants and agrees with the states of Delaware, New Jersey and
New York and the United States of America, upon the enactment of
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concurrent legislation by the Congress of the United States and
by the respective state legislatures, as follows:
PART I.
COMPACT
* * *
ARTICLE 5
POLLUTION CONTROL
* * *
Section 5.4. Enforcement. [The] Except for matters relating
to on-lot septic systems, the commission may, after
investigation and hearing, issue an order or orders upon any
person or public or private corporation, or other entity, to
cease the discharge of sewage, industrial or other waste into
waters of the basin which it determines to be in violation of
such rules and regulations as it shall have adopted for the
prevention and abatement of pollution. Any such order or orders
may prescribe the date, including a reasonable time for the
construction of any necessary works, on or before which such
discharge shall be wholly or partially discontinued, modified or
treated, or otherwise conformed to the requirements of such
rules and regulations. Such order shall be reviewable in any
court of competent jurisdiction. The courts of the signatory
parties shall have jurisdiction to enforce against any person,
public or private corporation, or other entity, any and all
provisions of this article or of any such order. The commission
may bring an action in its own name in any such court of
competent jurisdiction to compel compliance with any provision
of this article, or any rule or regulation issued pursuant
thereto or of any such order, according to the practice and
procedure of the court. In matters relating to on-lot septic
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systems, the commission may report its investigation findings to
the water pollution abatement agencies of the signatory parties.
* * *
ARTICLE 14
GENERAL PROVISIONS
* * *
Section 14.19. Effect on Riparian Rights or On-Lot Septic
Systems. Nothing contained in this compact shall be construed as
affecting or intending to affect or in any way to interfere with
the law of the respective signatory parties relating to riparian
rights or on-lot septic systems.
* * *
Section 2. The Secretary of the Commonwealth shall cause
publication of a notice in the Pennsylvania Bulletin upon
enactment of legislation having an identical effect as section 1
of this act by the Congress of the United States and the states
of Delaware, New Jersey and New York.
Section 3. This act shall take effect as follows:
(1) Section 1 of this act shall take effect upon
publication of the notice required by section 2 of this act.
(2) The remainder of this act shall take effect
immediately.
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