PRINTER'S NO. 2990
No. 2236 Session of 1990
INTRODUCED BY GEORGE, FEE, HASAY, MORRIS, COHEN, BILLOW, PESCI, MELIO, DALEY, MICHLOVIC, TANGRETTI, GIGLIOTTI, HECKLER, STISH, BURD AND HAYDEN, JANUARY 29, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 29, 1990
AN ACT 1 Amending the act of June 22, 1937 (P.L.1987, No.394), entitled, 2 as amended, "An act to preserve and improve the purity of the 3 waters of the Commonwealth for the protection of public 4 health, animal and aquatic life, and for industrial 5 consumption, and recreation; empowering and directing the 6 creation of indebtedness or the issuing of non-debt revenue 7 bonds by political subdivisions to provide works to abate 8 pollution; providing protection of water supply and water 9 quality; providing for the jurisdiction of courts in the 10 enforcement thereof; providing additional remedies for 11 abating pollution of waters; imposing certain penalties; 12 repealing certain acts; regulating discharges of sewage and 13 industrial wastes; regulating the operation of mines and 14 regulating the impact of mining upon water quality, supply 15 and quantity; placing responsibilities upon landowners and 16 land occupiers and to maintain primary jurisdiction over 17 surface coal mining in Pennsylvania," requiring that certain 18 sewer system and water treatment projects be approved by a 19 referendum before a permit is issued. 20 The General Assembly of the Commonwealth of Pennsylvania 21 hereby enacts as follows: 22 Section 1. The act of June 22, 1937 (P.L.1987, No.394), 23 known as The Clean Streams Law, is amended by adding a section 24 to read: 25 Section 207.1. Referendum Required Prior to Issuance of 26 Permit.--It shall be the duty of a municipality or municipal
1 authority applying for a permit to construct any new sewer 2 system or water treatment project or expand any existing sewer 3 system or water treatment project to include in its application 4 to the department an estimate of the projected user's fees for 5 the service area after completion of the project. The 6 department, when reviewing the application, shall compare the 7 projected user's fees of the applicant municipality with the 8 user's fees of municipalities of similar size throughout the 9 Commonwealth. If the applicant municipality's projected user's 10 fees are more than twenty-five per cent greater than the 11 Commonwealth average for municipalities of similar size, the 12 department shall notify the applicant of its findings. The 13 department shall take no further action on the application until 14 such time as the governing body of the municipality or the 15 governing body or bodies of the municipality or municipalities 16 which formed the municipal authority, by appropriate action, 17 cause to be submitted to the qualified electors of the service 18 area at a municipal or general election, the question of whether 19 or not the project should be undertaken and a majority of the 20 electors voting on the question vote "yes." The form of the 21 question shall be subject to the approval of the department 22 prior to being submitted to the county board of elections for 23 placement on the ballot. If a majority of the electors voting on 24 the question vote "no," a project which is substantially the 25 same, as determined by the department, shall not be submitted to 26 the electors for approval within the ensuing four-year period. 27 Voting proceedings shall be in accordance with the provisions of 28 the act of June 3, 1937 (P.L.1333, No.320), known as the 29 "Pennsylvania Election Code." Certificates of the results of any 30 such election shall be filed by the board of elections with the 19900H2236B2990 - 2 -
1 governing body of the municipality or the governing body or 2 bodies of the municipality or municipalities which formed the 3 municipal authority and with the department. 4 The provisions of this section shall not be applicable where 5 the project has been mandated by the Commonwealth or when the 6 department determines that the proposed project is required for 7 protection of public health or safety. 8 Section 2. This act shall take effect in 60 days. L27L32CHF/19900H2236B2990 - 3 -