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                                                      PRINTER'S NO. 2363

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1767 Session of 2007


        INTRODUCED BY CALTAGIRONE, GEORGE, KOTIK, M. O'BRIEN, SURRA,
           WOJNAROSKI AND YOUNGBLOOD, JULY 17, 2007

        REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 17, 2007

                                     AN ACT

     1  Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
     2     "An act relating to roads, streets, highways and bridges;
     3     amending, revising, consolidating and changing the laws
     4     administered by the Secretary of Highways and by the
     5     Department of Highways relating thereto," further providing
     6     for discharge of sewage or drainage on highways prohibited.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 421 of the act of June 1, 1945 (P.L.1242,
    10  No.428), known as the State Highway Law, is amended to read:
    11     Section 421.  Discharge of Sewage or Drainage on Highways
    12  Prohibited.--It is unlawful for any person to discharge sewage
    13  or drainage, except surface drainage or drainage from an
    14  approved sewage system, on, or within the legal limits of, any
    15  State highway.
    16     Any sewer outlet placed or located within the limits of a
    17  State highway, or so located that the discharge therefrom enters
    18  a State highway, unless permitted by the department, is hereby
    19  declared to be a violation of this section, and a public


     1  nuisance, and may be blocked or removed by the department.
     2     Any person violating any of the provisions of this section
     3  shall, upon summary conviction thereof, be sentenced to pay a
     4  fine of not less than five dollars ($5.00) nor more than twenty-
     5  five dollars ($25.00), or, in default of payment of said fine
     6  and costs, to be imprisoned in the county jail for a period of
     7  one day for each dollar of fine and costs unpaid. All fines
     8  collected under the provisions of this act shall be paid to the
     9  treasurer of the municipality in which the offense occurred.
    10     Section 2.  The provisions of 67 Pa. Code § 459.7(5)(iii) are
    11  abrogated to the extent of any inconsistency with the amendment
    12  of section 421 of the act.
    13     Section 3.  This act shall take effect in 60 days.












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