PRIOR PRINTER'S NO. 3278 PRINTER'S NO. 3930
No. 2266 Session of 2008
INTRODUCED BY STEIL, FREEMAN, BELFANTI, BRENNAN, CALTAGIRONE, CUTLER, DALLY, FRANKEL, GEORGE, GINGRICH, GOODMAN, GRUCELA, HENNESSEY, KOTIK, MELIO, R. MILLER, MILNE, MURT, MUSTIO, MYERS, NAILOR, O'NEILL, PETRONE, REICHLEY, RUBLEY, SAYLOR, SCAVELLO, SIPTROTH, STERN, YOUNGBLOOD AND SCHRODER, FEBRUARY 26, 2008
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 11, 2008
AN ACT 1 Updating and expanding the storm water planning requirements to 2 be undertaken by counties; authorizing counties to regulate 3 storm water within a watershed-based planning area; 4 authorizing the formation of water resources management 5 authorities; enabling counties, municipalities and water 6 resources management authorities to develop integrated water 7 resources management plans; imposing duties and conferring 8 powers on the Department of Environmental Protection, the 9 Environmental Quality Board, counties, municipalities and 10 water resources management authorities; providing for 11 financing and for waiver of use for certain grant OR loan <-- 12 funds; and making related repeals. 13 TABLE OF CONTENTS 14 Chapter 1. General Provisions 15 Section 101. Short title. 16 Section 102. Legislative findings. 17 Section 103. Purpose. 18 Section 104. Definitions. 19 Chapter 2. Powers and Duties 20 Section 201. Powers and duties of counties.
1 Section 202. Powers and duties of department and Environmental 2 Quality Board. 3 Section 203. Powers and duties of municipalities. 4 Section 204. Powers and duties of water resources management 5 authorities. 6 Chapter 3. Comprehensive Storm Water Management Planning 7 Section 301. Comprehensive storm water planning and management 8 requirements. 9 Section 302. Review and approval or disapproval by department. 10 Section 303. Implementation of comprehensive storm water 11 management plans. 12 Section 304. Failure to submit or implement comprehensive storm 13 water management plan. 14 Section 305. Failure of municipalities to adopt ordinances 15 and implement plans. 16 Chapter 4. Integrated Water Resources Management Planning 17 and Procedure 18 Section 401. Water resources management coordination and 19 integration. 20 Section 402. Integrated water resources management planning 21 process. 22 Section 403. Integrated water resources management plan 23 requirements. 24 Section 404. Implementation of integrated water resources 25 management plans. 26 Section 405. Water resources management corridors. 27 Section 406. Failure of municipalities to adopt implementing 28 ordinances. 29 Chapter 5. Water Resources Management Authorities 30 Section 501. Water resources management authorities. 20080H2266B3930 - 2 -
1 Section 502. Additional powers and duties of water resources 2 management authorities. 3 Chapter 6. Rights, Remedies, Funding and Enforcement 4 Section 601. Duty of persons engaged in development of land. 5 Section 602. Funding and imposing fees on tax-exempt property. 6 Section 603. Entry upon land for surveys and examinations. 7 Section 604. Preservation of existing rights and remedies. 8 Section 605. Civil remedies. 9 Section 606. Administrative procedure and judicial review. 10 Section 607. Integrated Water Resources Management Account. 11 Section 608. Grants and reimbursements. 12 Section 609. Waiver of use of grant and loan funds. 13 Chapter 7. Miscellaneous Provisions 14 Section 701. Repeals. 15 Section 702. Effective date. 16 The General Assembly of the Commonwealth of Pennsylvania 17 hereby enacts as follows: 18 CHAPTER 1 19 GENERAL PROVISIONS 20 Section 101. Short title. 21 This act shall be known and may be cited as the Integrated 22 Water Resources Restoration, Protection and Management Act. 23 Section 102. Legislative findings. 24 The General Assembly finds that: 25 (1) Inadequate management of storm water runoff and the 26 insufficient planning, coordination and integration of 27 regulatory programs associated with water resources 28 management activities causes increased flood flows and 29 velocities, contributes to accelerated erosion and 30 sedimentation, overtaxes the carrying capacity of streams and 20080H2266B3930 - 3 -
1 storm sewers, greatly increases the cost of public facilities 2 to carry and control storm water and wastewater, undermines 3 flood plain management and flood control efforts in 4 downstream communities, reduces groundwater recharge, 5 diminishes the quality and quantity of water supplies and 6 threatens the environment, public health, safety and 7 property. 8 (2) The act of October 4, 1978 (P.L.864, No.167), known 9 as the Storm Water Management Act, is not sufficiently 10 comprehensive to address the needs of this Commonwealth. 11 While the act provides a basis for storm water management 12 planning by counties on a watershed basis, additional 13 provisions are needed in addition to the Storm Water 14 Management Act requirements to provide integrated and 15 thorough planning and management of water resources in 16 watershed-based planning areas and to address current and 17 past water resources management problems, as well as 18 prospective and ongoing development. 19 (3) A comprehensive, integrated approach to water 20 resources management, building on the protections established 21 under the act of June 22, 1937 (P.L.1987, No.394), known as 22 The Clean Streams Law, including reasonable regulation of 23 development and activities causing adverse impacts to waters 24 of this Commonwealth, is fundamental to public health, safety 25 and welfare and protection of the citizens of this 26 Commonwealth, their resources and the environment. 27 (4) Adequate management of this Commonwealth's water 28 resources requires additional legal mechanisms for 29 coordination and integration of water resources management 30 planning among State agencies and county and municipal 20080H2266B3930 - 4 -
1 governments. 2 (5) Dedicated funding is needed to develop and implement 3 integrated water resources management plans to protect, 4 maintain, reclaim and restore this Commonwealth's water 5 resources and the environment and to protect public health, 6 safety and property. 7 Section 103. Purpose. 8 The purpose of this act is to: 9 (1) Provide for more comprehensive storm water planning 10 and management, building on the framework found in the act of 11 October 4, 1978 (P.L.864, No.167), known as the Storm Water 12 Management Act, and implementing the act of June 22, 1937 13 (P.L.1987, No.394), known as The Clean Streams Law, to 14 authorize planning for and remediation of storm water- 15 associated problems and integrating related water resources 16 management programs. 17 (2) Restore, reclaim, protect and maintain the water 18 quality, quantity and natural hydrologic regime; regulate 19 and, where appropriate, restrict development in the floodways 20 and floodplains of this Commonwealth's rivers and streams; 21 preserve the carrying capacity of watercourses; and protect, 22 maintain, reclaim and restore surface waters and groundwaters 23 of this Commonwealth. 24 (3) Protect the natural resources, environmental rights 25 and values secured by the Constitution of Pennsylvania. 26 (4) Authorize counties to undertake and enforce 27 comprehensive, ecologically sustainable and consistent water 28 resources management planning; consolidate and coordinate 29 governmental resources; and establish a dedicated, stable and 30 tailored funding source. If a county does not elect to 20080H2266B3930 - 5 -
1 undertake such integrated water resources planning or 2 management, municipalities or water resources management 3 authorities are authorized to undertake these activities. 4 (5) Encourage the regional implementation of integrated 5 water resources management plans within watershed-based 6 planning areas to preserve and protect areas from the adverse 7 effects of fragmented planning related to water resources 8 protection, water infrastructure, wet weather and wastewater 9 management, storm water runoff and subsurface drainage. 10 (6) Authorize the creation of water resources management 11 authorities to enable counties and municipalities to 12 regulate, manage, operate and maintain activities, facilities 13 and development that may affect storm water runoff or water 14 resources within watershed-based planning areas; regulate, 15 implement and manage comprehensive storm water management 16 plans or integrated water resources management plans within 17 watershed-based planning areas; and undertake the planning 18 related thereto under this act when appropriate. 19 (7) Encourage water resources management authorities to 20 utilize a comprehensive integrated water resources approach 21 for water resources protection, maintenance and improvement, 22 including quantity and quality, and other environmental 23 benefits. 24 (8) Authorize dedicated funding to develop and implement 25 updated, expanded and comprehensive storm water planning and 26 management, as well as to develop and implement integrated 27 water resources management plans to protect, maintain, 28 reclaim and restore this Commonwealth's water resources and 29 to protect public health, safety, property and the 30 environment. 20080H2266B3930 - 6 -
1 Section 104. Definitions. 2 The following words and phrases when used in this act shall 3 have the meanings given to them in this section unless the 4 context clearly indicates otherwise: 5 "Best management practices." Activities, facilities, 6 measures or procedures used to protect, maintain, reclaim and 7 restore the quantity and quality of waters and uses within this 8 Commonwealth. 9 "Bonds." The notes, bonds and other evidence of indebtedness 10 or obligations which are authorized to be issued under section 11 501 502. <-- 12 "Clean Streams Law." The act of June 22, 1937 (P.L.1987, 13 No.394), known as The Clean Streams Law. 14 "Comprehensive storm water management plan." Storm A STORM <-- 15 water management plans PLAN developed in accordance with act of <-- 16 October 4, 1978 (P.L.864, No.167), known as the Storm Water 17 Management Act, and the requirements of this act CHAPTER 3. <-- 18 "Critical water planning area." An area identified under 27 19 Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents). 20 "Department." The Department of Environmental Protection of 21 the Commonwealth. 22 "Infrastructure." Structural elements, structural and 23 nonstructural management practices and operating procedures that 24 support drinking water, wastewater, storm water, floodplain and 25 other water resources management activities. 26 "Integrated water resources management." Implementation of 27 multiple statutory and regulatory planning obligations related 28 to the water resources of this Commonwealth. 29 "Integrated water resources management plan." A plan 30 containing all of the elements prescribed under the act of 20080H2266B3930 - 7 -
1 October 4, 1978 (P.L.864, No.167), known as the Storm Water 2 Management Act, and the additional requirements of Chapters 3 3 and 4 which includes proposals for regulating activities and 4 development that may affect water resources and wastewater 5 management within the planning area. 6 "Land development." The subdivision of land, or the 7 improvement of one or more lots, tracts or parcels of land for 8 any purpose. 9 "Municipalities Planning Code." The act of July 31, 1968 10 (P.L.805, No.247), known as the Pennsylvania Municipalities 11 Planning Code. 12 "Municipality." A city, borough, town, township or another 13 governmental unit when acting as an agent thereof or any 14 combination of these acting jointly. 15 "Recharge." The process by which water is absorbed and is 16 added to the zone of saturation of a groundwater aquifer. The 17 term includes the quantity of water that is added to the zone of 18 saturation. 19 "Remedial plan." A plan containing all of the elements 20 prescribed under section 301 which includes requirements for 21 assessment and remediation of storm water-related problems. 22 "Storm water." Drainage runoff from the surface of the land 23 resulting from precipitation or snow or ice melt. 24 "Storm water best management practice" or "Storm water BMP." 25 Activities, facilities, measures or procedures used to protect, 26 maintain, reclaim and restore the quantity and quality of waters 27 and uses within this Commonwealth AS APPROVED BY THE DEPARTMENT. <-- 28 The term includes plans under the act of October 4, 1978 29 (P.L.864, No.167), known as the Storm Water Management Act, or 30 other plans, treatment requirements, operating procedures and 20080H2266B3930 - 8 -
1 practices to manage and control the rate, volume and water 2 quality of storm water runoff. 3 "Storm Water Management Act." The act of October 4, 1978 4 (P.L.864, No.167), known as the Storm Water Management Act. 5 "Storm water management plan." A plan for storm water 6 management prepared and adopted by a county in accordance with 7 act of October 4, 1978 (P.L.864, No.167), known as the Storm 8 Water Management Act. 9 "Submitting agency." A county, counties, multiple 10 municipalities or a water resources management authority which 11 elects to develop and submit an integrated water resources 12 management plan, in accordance with the requirements of section 13 401(a), to the Department of Environmental Protection for 14 approval under this act. 15 "Subsurface drainage." Drainage runoff which occurs below 16 the surface of the ground resulting from precipitation or snow 17 or ice melt. 18 "Water resources management authority." A body politic and 19 corporate created under the former act of May 2, 1945 (P.L.382, 20 No.164), known as the Municipality Authorities Act of 1945, 53 21 Pa.C.S. Ch. 56 (relating to municipal authorities) or section 22 501 for the purpose of planning, constructing, operating, 23 maintaining, managing and regulating storm water or integrated 24 water resources management structures, practices and activities. 25 "Water resources management planning." Planning based on 26 watershed areas to protect, maintain, reclaim and restore the 27 quality and quantity of surface water and groundwater and the 28 physical, chemical and biological characteristics of bodies of 29 water from the effects of past and future activities and 30 development while assuring sustainable supplies of clean water 20080H2266B3930 - 9 -
1 to meet current and future needs and minimizing the impact of 2 storm water on public health, safety, property and the 3 environment. 4 "Watershed." The entire region or area drained by a river or 5 other body of water, whether natural or artificial. 6 "Watershed-based planning area." A planning area approved by 7 the Department of Environmental Protection and based on 8 watershed boundaries, as well as political boundaries or 9 geographic considerations, that is the focus of a comprehensive 10 storm water management plan or integrated water resources plan. 11 CHAPTER 2 12 POWERS AND DUTIES 13 Section 201. Powers and duties of counties. 14 (a) Comprehensive storm water management plan.--A county 15 shall have the power and duty to prepare and implement ENSURE <-- 16 IMPLEMENTATION OF a comprehensive storm water management plan in 17 accordance with section 301. In addition to any existing powers, <-- 18 AND consistent with the requirements of section 401(a), the 19 county may elect to develop or implement an integrated water 20 resources management plan in accordance with Chapter 4. 21 (b) Review and comment.--A county shall have the power and <-- 22 duty to review and comment on the location, design and 23 construction within the watershed-based planning area of 24 facilities owned or financed, in whole or in part, by funds from 25 this Commonwealth, including storm water facilities, water 26 obstructions, flood control projects, highways and 27 transportation facilities and facilities for the provision of 28 public utility service, to assure their consistency with the 29 plans developed pursuant to this act. The county shall review 30 and take action on such submissions concurrent with the review 20080H2266B3930 - 10 -
1 period as provided in Article V of the Municipalities Planning 2 Code. 3 (c) Inspection.--In accordance with plans developed under 4 this act, a county shall also have the power and duty to inspect <-- 5 ENSURE INSPECTION OF water resources-related facilities, provide <-- 6 for routine operation and maintenance of water resources 7 management facilities and construct water resources management 8 facilities. 9 (d) Public comment.--A county shall have the power and duty <-- 10 to provide for public comment on all proposed publicly financed 11 water resources capital projects undertaken pursuant to the 12 remedial plan requirements in Chapter 3. 13 (e) Compliance.--Nothing that a county does under this act 14 shall relieve any person engaged in activities or in the 15 alteration or development of land of the responsibility to 16 comply with the requirements of storm water ordinances of 17 municipalities, an approved integrated water resources 18 management plan and the requirements of the Storm Water 19 Management Act, as well as all of the legal requirements of the 20 other programs for which planning will be integrated in an 21 integrated water resources management plan. 22 Section 202. Powers and duties of department and Environmental 23 Quality Board. 24 (a) Department.--The department shall have the power and 25 duty to: 26 (1) Coordinate the management of water resources in this 27 Commonwealth, including the authority to develop guidelines, 28 processes and certification programs for consulting and 29 engineering services. 30 (2) Develop processes and procedures for resolving 20080H2266B3930 - 11 -
1 disputes associated with COMPREHENSIVE STORM WATER integrated <-- 2 water resources management planning among county and 3 municipal planning bodies and government agencies concerning 4 plan development or implementation. 5 (3) Develop guidelines and policies to implement the 6 purposes of this act, including specific comprehensive storm 7 water management plan or integrated water resources 8 management plan scope and content requirements, model 9 integrated water resources management plans and model 10 ordinances. The department may prepare and issue such 11 guidelines as may be appropriate to assist in the 12 implementation of this act. 13 (4) Charge REASONABLE fees associated with the review of <-- 14 integrated water resources management plans. SUCH FEES SHALL <-- 15 REASONABLY REFLECT THE COST OF REVIEW. 16 (5) Approve, disapprove or conditionally approve 17 comprehensive storm water management plans and integrated 18 water resources management plans. 19 (6) Undertake enforcement as necessary and appropriate 20 and in accordance with this act. 21 (7) Take any other action required to carry out the 22 purposes and policies of this act. 23 (8) Upon request of a county or municipality, provide 24 technical assistance appropriate to accomplish the purposes 25 of this act. 26 (b) Other laws.--Nothing in this act shall be construed to 27 abrogate the authority of the department under any of the 28 environmental laws administered by the department. 29 (c) Board.--The Environmental Quality Board shall adopt 30 rules and regulations of the department as are necessary and 20080H2266B3930 - 12 -
1 appropriate to carry out the purposes of this act. 2 Section 203. Powers and duties of municipalities. 3 (a) Implementation of plans.--A municipality or multiple 4 municipalities shall have the power and duty to implement 5 comprehensive storm water management plans and any applicable 6 integrated water resources management plan. 7 (b) Plan.--Consistent with the requirements of section 8 401(a), multiple municipalities may elect to develop an 9 integrated water resources management plan in accordance with 10 Chapter 4. 11 (c) Land development and activities.--Municipalities shall 12 regulate land development and activities consistent with the 13 most recent applicable approved comprehensive storm water 14 management plan or integrated water resources management plan 15 and shall adopt ordinances to implement these plans. 16 (d) Enforcement.--Nothing in this act shall prohibit a 17 municipality or county from enforcing any zoning, subdivision or 18 land development ordinance which the municipality or county has 19 adopted that is not in conflict with plans developed under this 20 act. 21 Section 204. Powers and duties of water resources management 22 authorities. 23 (a) Plan.--Water resources management authorities shall have 24 the power and duty to implement and administer comprehensive 25 storm water management plans when so designated and to implement 26 and administer integrated water resources management plans when 27 so designated. 28 (b) Integrated plan.--Consistent with the requirements of 29 section 401(a), water resources management authorities may elect 30 to develop an integrated water resources management plan in 20080H2266B3930 - 13 -
1 accordance with Chapter 4. 2 (c) Powers and duties.--Water resources management 3 authorities shall have the power and duty to set rates and 4 assess and collect fees to carry out the purposes of this act. 5 (d) Annual report.--Water resources management authorities 6 shall provide an annual report of actions and activities to the 7 department. 8 CHAPTER 3 9 COMPREHENSIVE STORM WATER MANAGEMENT PLANNING 10 Section 301. Comprehensive storm water planning and management 11 requirements. 12 (a) Watershed boundaries.--Comprehensive storm water 13 management plans shall be based on the watershed boundaries 14 described in plans developed in accordance with the Storm Water 15 Management Act, unless an alternate watershed-based planning 16 area is approved by the department for good cause shown. 17 (b) Plans and updates.--Within five years of the effective 18 date of this section, counties shall prepare or update the plans 19 developed in accordance with the Storm Water Management Act and, 20 at a minimum, shall also prepare a remedial plan, which together 21 shall constitute the comprehensive storm water management plan. 22 At a minimum, the remedial plan shall include the following: 23 (1) Identification and assessment of existing problems 24 associated with storm water runoff and subsurface drainage 25 and the conditions that cause or contribute to the problems. 26 (2) Proposed solutions to or remediation of existing 27 problems which take into account peak rates of storm water 28 runoff, the volume and velocity of storm water runoff and the 29 quality of the storm water runoff necessary to prevent 30 pollution and to protect, maintain, reclaim and restore 20080H2266B3930 - 14 -
1 waters of this Commonwealth, including: 2 (i) A remediation and retrofit priorities list. 3 (ii) An implementation plan and prioritized schedule <-- 4 for 5 (II) A PRIORITIZED SCHEDULE FOR IMPLEMENTATION AND <-- 6 COMPLETION OF the remedial plan. 7 (iii) A design of a rate structure for fees and 8 assessments to implement the remedial plan. 9 (iv) A designation of the entity responsible for 10 implementation of the plan and operation and maintenance 11 of remedial infrastructure: the county, municipalities or 12 a water resources management authority. 13 (3) Inventory of significant existing storm water 14 management facilities in the watershed, their engineering 15 design features, their ownership and maintenance 16 responsibility and an assessment of their functional 17 effectiveness. 18 (4) A program for public information, participation and 19 education. 20 (5) Provision for comprehensive storm water management 21 plan review and update at a minimum of every five years. 22 (6) Demonstration of or steps to achieve general 23 consistency with: 24 (i) The applicable comprehensive plans of the 25 municipality and county enacted under the Municipalities 26 Planning Code. 27 (ii) Other existing applicable Federal, State, 28 interstate, regional and county environmental and land 29 use plans. 30 (iii) Existing applicable watershed storm water 20080H2266B3930 - 15 -
1 MANAGEMENT plans, including minimum standards required by <--
2 the Storm Water Management Act.
3 (c) Exception.--Except as provided under this act, the
4 requirements and procedures in sections 6, 7, 8, 9, 10, 11 and
5 12 of the Storm Water Management Act shall be followed in
6 developing the comprehensive storm water management plan under
7 this section. These provisions apply to development and
8 implementation of the applicable plan and implementing ordinance
9 and regulation revisions required by this section.
10 (D) DESIGN CRITERIA AND STANDARDS.--THE COMPREHENSIVE STORM <--
11 WATER MANAGEMENT PLAN SHALL IDENTIFY THE DESIGN CRITERIA OR
12 PERFORMANCE STANDARD FOR ANY STORM WATER MANAGEMENT PRACTICE
13 IMPLEMENTED UNDER THIS SECTION, AND THE COUNTY OR THE DEPARTMENT
14 SHALL HAVE NO RESPONSIBILITY TO REIMBURSE THE COST OF ANY
15 PRACTICE NOT MEETING THE DESIGN CRITERIA OR PERFORMANCE
16 STANDARD.
17 Section 302. Review and approval or disapproval by department.
18 (A) GENERAL RULE.--The department may approve or disapprove <--
19 comprehensive storm water management plans in whole or in part
20 or with conditions that the department determines are reasonable
21 and appropriate.
22 (B) EFFECT OF INACTION BY DEPARTMENT.--UNLESS THE DEPARTMENT <--
23 APPROVES, CONDITIONALLY APPROVES OR DISAPPROVES THE
24 COMPREHENSIVE STORM WATER MANAGEMENT PLAN WITHIN 120 DAYS OF
25 RECEIPT, THE PLAN SHALL BE DEEMED ACCEPTABLE AS SUBMITTED.
26 Section 303. Implementation of comprehensive storm water
27 management plans.
28 (a) Ordinances.--Within six 12 months following adoption and <--
29 approval of a comprehensive storm water management plan, each
30 municipality shall adopt or amend such ordinances and
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1 regulations, including zoning, subdivision and development, 2 building code and erosion and sedimentation ordinances, 3 necessary to regulate development and activities and to control 4 storm water within the municipality in a manner consistent with 5 the applicable comprehensive storm water management plan, 6 including the remedial plan to address existing problems, and 7 the provisions of the Storm Water Management Act and this act. 8 (b) Remedial plan.--Following adoption and approval of 9 comprehensive storm water management plans, the responsible 10 entity shall implement the remedial plan. 11 (c) Infrastructure implementation.--Unless otherwise 12 specified in a department-approved and department-adopted 13 comprehensive storm water management plan, infrastructure 14 improvements under the comprehensive storm water management plan 15 may be implemented through any of the following: 16 (1) Each municipality will carry out the plan within its 17 boundaries, either individually or by agreement with another 18 municipality, county or a joint agency. 19 (2) One or more municipalities in the watershed may 20 request that the county or counties in the watershed assume 21 responsibility for implementation of the plan. The county or 22 counties may assume responsibility for implementation of the 23 plan and operational authority for the storm water facilities 24 as provided for in the plan, but only for municipalities that 25 agree to allow the county or counties to assume 26 implementation responsibilities. 27 (3) If two-thirds of the municipalities, representing at 28 least 51% of the population within the watershed, through 29 adoption of resolutions of their governing bodies, request 30 that the county or counties in the watershed assume 20080H2266B3930 - 17 -
1 responsibility for implementation of the plan, then the 2 county or counties shall assume responsibility for all <-- 3 municipalities. MEET WITH THE MUNICIPALITIES TO DEVELOP A <-- 4 PLAN OF IMPLEMENTATION AGREEABLE TO THE COUNTY OR COUNTIES. 5 (d) Responsible entity.--Where the responsible entity fails 6 to timely implement the remedial plan associated with approved 7 and adopted comprehensive storm water management plans, the 8 county shall MAY implement the remedial plan. <-- 9 (e) Development of model ordinances.--Within three years of 10 the effective date of this section, the department shall develop 11 a set of model subdivision and land development ordinances, <-- 12 including a specific model comprehensive storm water management 13 ordinance, that can be used as a guide by municipalities to 14 adopt regulations designed to implement the applicable 15 comprehensive storm water management plan. 16 (f) Waiver provisions.--The implementing ordinances and 17 regulations shall not contain a waiver provision except for 18 those waivers included in the model ordinance in the adopted and 19 approved comprehensive storm water management plan. 20 (g) Decisions.--The department, other Commonwealth 21 departments and agencies and county and municipal governments 22 and agencies shall consider and shall make decisions with 23 respect to issuance of permits, approvals or grants that are 24 generally consistent with comprehensive storm water management 25 plans prepared, adopted and approved under this act. 26 (h) Review and issuance procedures.--The department shall 27 develop procedures to coordinate the review and issuance of all 28 department permits, approvals or grants that cover construction, 29 operation and maintenance of all current and future facilities 30 that are necessary to implement the comprehensive storm water 20080H2266B3930 - 18 -
1 management plans, including the designation of a single point of 2 contact for all department permits or approvals for the 3 facilities. 4 (I) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO <-- 5 RELIEVE A COUNTY OR MUNICIPALITY FROM COMPLIANCE WITH EXISTING 6 OBLIGATIONS UNDER THE STORM WATER MANAGEMENT ACT. 7 Section 304. Failure to submit OR IMPLEMENT comprehensive storm <-- 8 water management plan. 9 (a) Actions.--Any person A MUNICIPALITY OR THE DEPARTMENT <-- 10 may institute an action in mandamus to compel a county to 11 prepare, adopt and submit, SUBMIT OR IMPLEMENT a comprehensive <-- 12 storm water management plan in accordance with the Storm Water 13 Management Act and this act. 14 (b) Administrative remedies.--The department may utilize 15 administrative remedies, including administrative orders, or may 16 institute an action in mandamus to compel a county to prepare, 17 adopt and submit, SUBMIT OR IMPLEMENT a comprehensive storm <-- 18 water management plan in accordance with the Storm Water 19 Management Act and this act. 20 (c) Reimbursement.--When action by the department or any <-- 21 other entity MUNICIPALITY OR DEPARTMENT is required to compel a <-- 22 county to prepare, adopt and submit ADOPT, SUBMIT OR IMPLEMENT a <-- 23 plan, the department shall not provide grants or reimbursements 24 to the county for the cost of the plan. 25 (d) Costs and fees.--The costs, attorney fees, 26 administrative fees and other expenses associated with 27 proceedings under this section shall be recoverable from the 28 violator. 29 Section 305. Failure of municipalities to adopt ordinances and 30 implement plans. 20080H2266B3930 - 19 -
1 (a) Procedure following approval.--Following adoption and 2 approval of a comprehensive storm water management plan: 3 (1) Any person may institute an action in mandamus to 4 compel a municipality to adopt implementing ordinances and to 5 implement a comprehensive storm water management plan and 6 ordinances in accordance with the Storm Water Management Act 7 and this act. 8 (2) The county or the department may utilize 9 administrative remedies, including administrative orders, or 10 may institute an action in mandamus to compel a municipality 11 to adopt ordinances or to implement a comprehensive storm 12 water management plan in accordance with the Storm Water 13 Management Act and this act. 14 (3) When action by the county, the department or any 15 person is required to compel a municipality to adopt 16 ordinances or to implement a comprehensive storm water 17 management plan, the department shall not provide grants or 18 reimbursements to the municipality for the associated costs. 19 (b) Costs and fees.--The costs, attorney fees, 20 administrative fees and other expenses associated with 21 proceedings under this section shall be recoverable from the 22 violator. 23 CHAPTER 4 24 INTEGRATED WATER RESOURCES MANAGEMENT 25 PLANNING AND PROCEDURE 26 Section 401. Water resources management coordination and 27 integration. 28 (a) Submitting agency.--A county or multiple counties may 29 elect to develop integrated water resources management plans. If 30 a county or counties have not provided notice to the department 20080H2266B3930 - 20 -
1 of the intention to develop an integrated water resources 2 management plan, then multiple municipalities or water resources 3 management authorities located in such counties may elect to 4 develop integrated water resources management plans in 5 accordance with this act, beginning one year from the effective 6 date of this act. 7 (b) Plans.--Integrated water resources management plans may 8 be developed for individual or multiple watersheds, or upon 9 department-approved watershed-based planning areas, designated 10 in accordance with, but not limited to, the following 11 considerations: 12 (1) Existence of critical water planning areas. 13 (2) Waters listed pursuant to 33 U.S.C. § 1313(d) 14 (relating to water quality standards and implementation 15 plans). 16 (3) Flooding history. 17 (4) Special protection watersheds. 18 (5) Current or projected population density. 19 (6) Current or projected rate of development. 20 (7) Percent of impervious cover. 21 (c) Minimum requirements.--Integrated water resources 22 management plans shall, at a minimum, be consistent with this 23 act and the following statutes: 24 (1) The Federal Water Pollution Control Act (62 Stat. 25 1155, 33 U.S.C. § 1251 et seq.). 26 (2) The Safe Drinking Water Act (Public Law 93-523, 21 27 U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.). 28 (3) The Clean Streams Law. 29 (4) The act of May 1, 1984 (P.L.206, No.43), known as 30 the Pennsylvania Safe Drinking Water Act. 20080H2266B3930 - 21 -
1 (5) The Storm Water Management Act. 2 (6) The act of October 4, 1978 (P.L.851, No.166), known 3 as the Flood Plain Management Act. 4 (7) The act of January 24, 1966 (1965 P.L.1535, No.537), 5 known as the Pennsylvania Sewage Facilities Act. 6 (8) The act of November 26, 1978 (P.L.1375, No.325), 7 known as the Dam Safety and Encroachments Act. 8 (9) The Water Resources Development Act of 1986 (Public 9 Law 99-662, 33 U.S.C. § 2213(j)). 10 (10) The act of June 24, 1939 (P.L.842, No.365), 11 referred to as the Water Rights Law. 12 (11) The act of May 15, 1945 (P.L.547, No.217), known as 13 the Conservation District Law. 14 (12) The Municipalities Planning Code. 15 (13) The Municipality Authorities Act. 16 (14) The provisions of 3 Pa.C.S. Ch. 5 (relating to 17 nutrient management and odor management). 18 (15) Any other applicable Federal or State law as 19 determined by the department. 20 (d) Entities.--Entities which elect to undertake integrated 21 water resources management planning shall do so in accordance 22 with this act. 23 (e) Compliance.--If an entity elects to undertake integrated 24 water resources management planning and the plan is approved by 25 the department in accordance with this act, the entity is deemed 26 to have satisfied the procedural and substantive planning 27 requirements of the acts listed in subsection (c) that impose 28 planning requirements. 29 Section 402. Integrated water resources management planning 30 process. 20080H2266B3930 - 22 -
1 (a) Boundaries.--Integrated water resource management plans 2 shall be based upon the boundaries described in plans developed 3 in accordance with the Storm Water Management Act SECTION <-- 4 401(B), unless an alternate watershed-based planning area is 5 approved by the department for good cause shown. 6 (b) Development.--Public participation in the development of 7 the integrated water resources management plan shall be provided 8 as follows: 9 (1) An integrated water resources management plan 10 advisory committee, composed of one representative appointed 11 by the governing body of each municipality in the WATERSHED- <-- 12 BASED planning area watershed, the county and any county <-- 13 conservation district in the planning area watershed, any 14 compact basin commission in the planning area watershed and 15 other agencies and groups, as are necessary and proper, shall 16 be established to advise the submitting agency throughout the 17 process. 18 (2) Prior to adoption, the plan shall be reviewed by the 19 official planning agency, IF ONE EXISTS, and governing body <-- 20 of each municipality and county and by each regional planning 21 agency in the watershed for general consistency with other 22 plans and programs affecting the watershed WATERSHED-BASED <-- 23 PLANNING AREA. All such reviews and the submitting agency's 24 responses shall be submitted to the department with the plan 25 at the time a review of the plan is requested from the 26 department. 27 (3) Prior to adoption or amendment of the plan, 28 reasonable public notice shall be given at least 14 days 29 prior to the hearing, and a public hearing shall be held 30 within the watershed-based planning area. 20080H2266B3930 - 23 -
1 (c) Adoption.--Adoption or amendment by the submitting 2 agency of the integrated water resources management plan shall 3 be by resolution of the governing body or bodies of the agency 4 or agencies identified in subsection (b), which have authorized 5 development of the plan. 6 (d) Approval by department.--The following shall apply: 7 (1) Prior to adoption or substantive amendment, the 8 submitting agency shall submit the integrated water resources 9 management plan to the department for review. The department 10 shall approve or conditionally approve the plan if it 11 determines that it is generally consistent with the 12 following: 13 (i) Section 401(c). 14 (ii) All current approved watershed restoration and 15 protection plans that have been developed in the planning 16 area. 17 (iii) All current approved total maximum daily loads 18 (TMDLs) for waters of the planning area. 19 (iv) All current source water protection plans that 20 have been adopted in the planning area. 21 (v) All current rivers conservation plans in the 22 watershed-based planning area that have been approved by 23 the Department of Conservation and Natural Resources. 24 (vi) All current critical area resource plans that 25 have been approved by the department. 26 (vii) All current applicable water resources plans 27 adopted by a river basin commission. 28 (2) Unless the department approves, conditionally 29 approves or disapproves the integrated water resources 30 management plan within 120 days of receipt, the plan will be 20080H2266B3930 - 24 -
1 deemed acceptable as submitted. 2 (3) If the department determines that the proposed 3 integrated water resources management plan will not meet the 4 requirements of this act, the department will disapprove the 5 plan in writing, WHICH WRITING SHALL IDENTIFY THE BASIS FOR <-- 6 DISAPPROVAL. 7 (4) The integrated water resources management planning 8 area, either based upon the boundaries described in plans 9 developed in accordance with the Storm Water Management Act 10 or an alternate watershed-based planning area approved by the 11 department, shall be considered a reasonable geographic area 12 in a multimunicipal comprehensive plan prepared pursuant to 13 Article XI of the Municipalities Planning Code as long as the 14 county or multiple municipalities follow the procedures in 15 Article XI of the Municipalities Planning Code. 16 (E) DESIGN CRITERIA AND STANDARDS.--THE INTEGRATED WATER <-- 17 MANAGEMENT PLAN SHALL IDENTIFY THE DESIGN CRITERIA OR 18 PERFORMANCE STANDARD FOR ANY WATER MANAGEMENT PRACTICE 19 IMPLEMENTED UNDER THIS SECTION, AND THE COUNTY OR THE DEPARTMENT 20 SHALL HAVE NO RESPONSIBILITY TO REIMBURSE THE COST OF ANY 21 PRACTICE NOT MEETING THE DESIGN CRITERIA OR PERFORMANCE 22 STANDARD. 23 Section 403. Integrated water resources management plan 24 requirements. 25 (a) Local authorization.--The following shall apply: 26 (1) The submitting agency may develop an integrated 27 water resources management plan as described in this section. 28 If all counties or municipalities in the watershed do not 29 agree to develop the plan, the plan shall use standards at 30 the boundaries of the nonparticipating county or 20080H2266B3930 - 25 -
1 municipalities that are consistent with the integrated water 2 resources management plan. 3 (2) Federal lands shall be included in the integrated 4 water resources management plan in consultation with the 5 United States Department of the Interior. 6 (3) State lands shall be included in the integrated 7 water resources management plan in consultation with the 8 appropriate State agency. 9 (4) The integrated water resources management plan shall 10 be generally consistent with comprehensive plans of counties 11 and municipalities enacted under the Municipalities Planning 12 Code. 13 (5) A comprehensive plan of a county or a municipality 14 enacted under the Municipalities Planning Code, subsequent to 15 adoption of this act, shall be generally consistent with the 16 integrated water resources management plan approved under 17 this act that applies to the county or municipality. 18 (6) An integrated water resources management plan 19 adopted on a multimunicipal basis pursuant to this act shall 20 constitute the water planning required pursuant to section 21 301(a)(4) of the Municipalities Planning Code and shall be 22 considered a plan for the reliable supply of water pursuant 23 to section 301(b) of the Municipalities Planning Code if it 24 is a component of a multimunicipal comprehensive plan 25 prepared pursuant to Article XI of the Municipalities 26 Planning Code, as long as the county or multiple 27 municipalities follow the procedures in Article XI of the 28 Municipalities Planning Code. 29 (b) Plan content.--The integrated water resources management 30 plan, at a minimum, shall: 20080H2266B3930 - 26 -
1 (1) Coordinate the planning provisions in and
2 demonstrate consistency with Federal and State statutes and
3 programs identified in section 401(a).
4 (2) Delineate the approved watershed WATERSHED-BASED <--
5 planning area boundary.
6 (3) Inventory all existing and planned water and
7 wastewater treatment systems and service areas and all
8 significant water resources management facilities within the
9 watershed, their ownership and the parties responsible for
10 their operation and maintenance and provide an assessment of
11 the functional effectiveness of such systems and facilities.
12 (4) Estimate current and future water demands.
13 (5) Identify all local conservation areas such as
14 protected riparian corridors, conservation easements,
15 wellhead and source water protection areas, preserved
16 farmland, greenways, publicly owned land and other areas that
17 have land-use restrictions based on natural conditions.
18 (6) Identify all environmentally sensitive features of
19 the watershed, such as wetlands, habitat for rare and
20 endangered plant and animal species, special protection
21 waters and karst geology.
22 (7) Identify and consider all current storm water
23 management and watershed protection and restoration plans
24 that have been prepared by citizen groups, nonprofit
25 organizations, conservation districts, county and municipal
26 governments and Federal, State, interstate or regional
27 agencies.
28 (8) Identify and describe all existing regionally
29 significant water quality problems and water resources
30 management problems within the watershed, including those
20080H2266B3930 - 27 -
1 caused by domestic or industrial wastewater, nonpoint sources 2 of pollution, water availability and storm water and 3 floodplain management problems. 4 (9) Project future land-use changes over a ten-year 5 period based on population estimates, anticipated 6 development, planning and zoning requirements, economic 7 considerations and public infrastructure. 8 (10) Identify and evaluate alternatives for future water 9 demands, including water supply and wastewater demands. 10 (11) Identify, evaluate and prioritize structural, <-- 11 nonstructural and institutional strategies to address 12 existing water quality and water resources management 13 problems and anticipated land-use changes based on future 14 growth projections. The analysis must include, but not be 15 limited to, the following considerations: 16 (i) Low-impact development techniques. 17 (ii) A common storm water flow standard. 18 (iii) A storm water infiltration standard for 19 groundwater recharge based on water balance. 20 (iv) Floodplain and floodway development 21 restrictions and restoration. 22 (v) Riparian corridor protection. 23 MANAGEMENT PRACTICES, PROCEDURES AND OTHER STRATEGIES TO <-- 24 PROTECT, MAINTAIN, RECLAIM OR RESTORE WATER QUALITY AND WATER 25 RESOURCES BASED ON EXISTING CONDITIONS AND PROJECTED GROWTH 26 AND LAND USE CHANGES. 27 (12) Identify the entity responsible for operating and 28 maintaining water quality protection and water resources 29 management facilities, such as wastewater treatment plants 30 and community or individual storm water control facilities. 20080H2266B3930 - 28 -
1 (13) Identify and evaluate potential water conservation 2 and reuse measures. 3 (14) Identify and evaluate source water protection 4 alternatives. 5 (15) Identify financing alternatives, including rate 6 structures for fees and assessments to implement the plan. 7 (16) Present selected financing methods and priorities. 8 (17) Present a prioritized schedule and process for plan 9 implementation. 10 (18) Establish a program for public participation, 11 information and education. 12 (19) Provide for plan reviews and updates on a minimum 13 five-year cycle. 14 (20) Provide model ordinances for plan implementation. 15 (c) Additional issues.--The integrated water resources 16 management plans may also address additional issues, including 17 the following: 18 (1) Preventing increased flood stages in streams. 19 (2) Controlling the quantity, peak and volume, 20 direction, rate and velocity of storm water runoff and 21 subsurface drainage and the quality thereof consistent with 22 State water quality standards. 23 (3) Improving groundwater recharge. 24 (4) Maximizing the opportunities for integration of 25 water resources management and protection under the existing 26 laws and regulations. 27 (5) Create water resources management corridors PURSUANT <-- 28 TO SECTION 405. 29 (6) Support ecologically sustainable water management, 30 sustainable water supplies, water conservation, surface and 20080H2266B3930 - 29 -
1 groundwater management, development of resource strategies, 2 providing for long-term infrastructure investment strategies, 3 evaluating environmental impacts and options and evaluating 4 economic impacts and options. 5 Section 404. Implementation of integrated water resources 6 management plans. 7 (a) Requirements.--Within 180 days of the department's 8 approval of an integrated water resources management plan, each 9 county and municipality within the area subject to the plan 10 shall: 11 (1) Adopt or amend ordinances and regulations, including 12 zoning, subdivision and development, building code, erosion 13 and sedimentation and storm water ordinances, as are 14 necessary to regulate development and local activities in a 15 manner consistent with the applicable approved plan and the 16 provisions of this act. 17 (2) Implement ordinances and regulations, including 18 zoning, subdivision and development, building code, erosion 19 and sedimentation and storm water ordinances, as are 20 necessary to regulate development and local activities in a 21 manner consistent with the applicable approved plan and the 22 provisions of this act. 23 (b) Infrastructure implementation.--Infrastructure 24 improvements under an integrated water resources management plan 25 may be implemented through any of the following: 26 (1) A municipality will carry out the plan within its 27 boundaries, either individually or by agreement with another 28 municipality or county or a joint agency. 29 (2) One or more municipalities in the watershed may 30 request that the county or counties in the watershed assume 20080H2266B3930 - 30 -
1 responsibility for implementation of the plan. The county or 2 counties may assume responsibility for implementation of the 3 plan and operational authority for the water resources 4 management facilities provided for in the plan, but only for 5 municipalities that agree to allow the county or counties to 6 assume implementation responsibilities. 7 (3) If two-thirds of the municipalities, representing at 8 least 51% of the population within the watershed, through 9 adoption of resolutions of their governing bodies, request 10 that the county or counties in the watershed assume 11 responsibility for implementation of the plan, then the 12 county or counties shall assume responsibility for all <-- 13 municipalities. MEET WITH THE MUNICIPALITIES TO DEVELOP A <-- 14 PLAN OF IMPLEMENTATION AGREEABLE TO THE COUNTY OR COUNTIES. 15 (c) Development of model ordinances.--Within 180 days of the 16 effective date of this section, the department will develop a 17 set of model subdivision and land development ordinances, <-- 18 including a specific model integrated water resources management 19 ordinance, that can be used as a guide by local governments to 20 adopt regulations designed to implement their integrated water 21 resources management plan. 22 (d) Waiver.--The implementing ordinances and regulations 23 shall not contain a waiver provision except for those waivers 24 included in the model ordinance in the adopted and approved 25 integrated water resources management plan. 26 (e) Permits, approvals or grants.--The department, other 27 Commonwealth departments and agencies and county and municipal 28 governments and agencies shall consider and shall make decisions 29 with respect to issuance of permits, approvals or grants that 30 are generally consistent with integrated water resources 20080H2266B3930 - 31 -
1 management plans adopted under this act. 2 (f) Review and issuance procedures.--The department shall 3 develop procedures to coordinate the review and issuance of all 4 department permits, approvals or grants that cover construction, 5 operation and maintenance of all current and future facilities 6 that are necessary to implement the integrated water resources 7 management plans, including the designation of a single point of 8 contact for all department permits or approvals for such 9 facilities. 10 (g) County implementation.--Where the responsible entity 11 fails to timely implement the approved and adopted integrated 12 water resources management plan, the county shall MAY implement <-- 13 the approved integrated water resources management plan. 14 Section 405. Water resources management corridors. 15 (a) Additional limitations.--Integrated water resources 16 management plans may designate ESTABLISH water resources <-- 17 management corridors to provide additional limitations on 18 activities and development for protection of waters of this 19 Commonwealth, and in the interest of public health and safety, 20 those designated as special protection under the department's 21 rules and regulations, critical riparian areas, wetlands, 22 critical habitat areas and floodplain management areas. 23 (b) Protection of corridors.--The submitting agency shall 24 ensure that designated water resources management corridors are <-- 25 protected through acquisition, easements, trusts or other 26 appropriate legal instruments that guarantee forested buffering, 27 building setbacks and reasonable and appropriate public access. 28 (c) Adjacent watersheds.--Development of integrated water 29 resources management plans established for adjacent watersheds, 30 which contain water resources management corridors, shall be 20080H2266B3930 - 32 -
1 coordinated by submitting agencies to ensure consistency between 2 designated water resources management corridors. <-- 3 Section 406. Failure of municipalities to adopt implementing 4 ordinances. 5 (a) Procedures.--Following adoption and approval of an 6 integrated water resources management plan: 7 (1) Any person A COUNTY OR THE DEPARTMENT may institute <-- 8 an action in mandamus to compel a municipality to adopt 9 implementing ordinances and to implement an integrated water 10 resources management plan and ordinances in accordance with 11 this act. 12 (2) The county or department may utilize administrative 13 remedies, including administrative orders, or may institute 14 an action in mandamus to compel a municipality to adopt 15 ordinances or to implement an integrated water resources 16 management plan in accordance with this act. 17 (3) When action by the county or department or any 18 person is required to compel a municipality to adopt 19 ordinances or to implement an integrated water resources 20 management plan, the department shall not provide grants or 21 reimbursements to the municipality for the associated costs. 22 (b) Costs and fees.--The costs, attorney fees and 23 administrative fees and other expenses associated with 24 proceedings under this section shall be recoverable from the 25 violator. 26 CHAPTER 5 27 WATER RESOURCES MANAGEMENT AUTHORITIES 28 Section 501. Water resources management authorities. 29 (a) Authorities.--A county or multiple counties may elect to 30 create a water resources management authority to undertake 20080H2266B3930 - 33 -
1 powers and duties as may be delegated by the incorporating 2 municipality pursuant to this act. If a county or counties have 3 not provided notice to the department of the intention to create 4 a water resources management authority, multiple municipalities 5 located in a county or counties may create a water resources 6 management authority in accordance with this act, beginning one 7 year from the effective date of this section. 8 (b) Creation of water resources management authorities.--A 9 county or multiple counties or multiple municipalities which 10 have assumed or plan to assume responsibility for the 11 development, implementation and administration of comprehensive 12 storm water management plans or an integrated water resources 13 management plan shall have the right to incorporate as a water 14 resources management authority pursuant to 53 Pa.C.S. Ch. 56 15 (relating to municipal authorities) for the purposes set forth 16 under 53 Pa.C.S. § 5607 (relating to purposes and powers) 17 relating to projects of the kind and character set forth below: 18 (1) Comprehensive storm water planning, collection, 19 treatment, remedial plan implementation and infrastructure 20 management and parts thereof, including regulation, operation 21 and maintenance, repair, replacement, reconstruction and 22 expansion pursuant to the Storm Water Management Act and this 23 act. 24 (2) Integrated water resources management in accordance 25 with plans adopted and approved under this act. 26 (c) Transfer of authority and obligation to operate and 27 maintain water resources management best management practices to 28 water authorities.--Transfer of authority shall be conducted as 29 follows: 30 (1) The authority and obligation to operate and maintain 20080H2266B3930 - 34 -
1 water resources management best management practices, 2 including comprehensive storm water management or integrated 3 water resources management best management practices on 4 private lands, may be transferred to the county or water 5 resources management authority at their discretion. Whether 6 transferred or not, the operation and maintenance shall be 7 consistent with the design standards, criteria, schedules and 8 other requirements established under the comprehensive storm 9 water management or integrated water resources management 10 plans. 11 (2) All transferred obligations shall be subject to an 12 easement for maintenance and inspection access. 13 Section 502. Additional powers and duties of water resources 14 management authorities. 15 (a) Exceptions.--Except as provided by this act, the 16 requirement and procedures in 53 Pa.C.S. § 5607 (relating to 17 purposes and powers) shall be followed in developing the rates 18 and fees and the process for assessing and collecting such fees. 19 (b) Fee authorization.--In addition to the authority 20 provided in 53 Pa.C.S. § 5607, the water resources management 21 authority may levy a fee on property owners, users or consumers 22 of the services provided by the authority to pay for all costs 23 associated with planning, implementation, administration and 24 enforcement under the Storm Water Management Act or this act, 25 and including the authority to: 26 (1) Fix, alter, charge and collect fees in the area 27 served by the county and the associated planning area, as 28 determined exclusively by the county, in order to carry out 29 the powers and duties authorized under this act, including 30 preparation of integrated water resources management plans 20080H2266B3930 - 35 -
1 and their implementation and the acquisition or construction 2 of storm water or water resources management facilities in 3 the watershed or watershed-based planning area. The fee may 4 be based, in whole or in part, as a user or service fee, 5 special assessment fee, impact fee, bonding or other fee for 6 services which reflect the implementation of the 7 comprehensive storm water management plan or integrated water 8 resources management plan. 9 (2) Collect delinquent fees in accordance with the act 10 of May 16, 1923 (P.L.207, No.153), referred to as the 11 Municipal Claim and Tax Lien Law. 12 (3) Borrow money, make and issue negotiable notes, 13 bonds, refunding bonds and other evidences of indebtedness or 14 bonds of the agency which may not have a maturity date longer 15 than 40 years from the date of issue. 16 (4) Secure payment of the bonds or any part thereof by 17 pledge or deed of trust of all or any of its revenues and 18 receipts and make agreements with the purchasers or holders 19 of bonds or with others in connection with any bonds, whether 20 issued or to be issued. 21 (5) Use any available Federal or State funds, and any 22 other funds, and set up accounts as necessary to implement 23 the provisions of this act. 24 (6) Include in the rate or fee structure costs 25 associated with planning, design, construction and operation 26 of capital facilities, including the development of 27 maintenance schedules. 28 (7) Receive impact fees or participation costs and 29 maintenance bonds or other contributions related to provision 30 of water resources management services. 20080H2266B3930 - 36 -
1 (c) Reimbursement of implementation and maintenance costs.-- 2 The following shall apply to reimbursement: 3 (1) A county or municipality shall be reimbursed by the 4 water resources management authority for reasonable costs 5 that support the comprehensive storm water management plan or 6 integrated water resources plan implementation, 7 administration and maintenance under subsection (b)(1) and 8 (2). 9 (2) Reimbursement shall not include costs related to 10 sanitary sewage facilities. 11 (3) The water resources management authority shall have 12 the right to audit the county's or municipalities' costs of 13 implementation and maintenance for which reimbursement is 14 sought. 15 (4) Nothing in this section shall be construed to limit 16 or impair application of this act to any county, municipality 17 or person, or to relieve any county, municipality or person 18 of duties required under this act, including preparation and 19 implementation of plans. 20 (d) Design criteria and standards.--The comprehensive storm 21 water management plan or integrated water resources management 22 plan shall identify the design criteria or performance standard 23 for any storm water management practice implemented under this 24 section, and the county shall have no responsibility to 25 reimburse the cost of any practice not meeting the design 26 criteria or performance standard. 27 (e) Maintenance of storm water practices or integrated water 28 resources management facilities.--Continuing maintenance of 29 storm water or water resources management practice shall be the 30 responsibility of the water resources management authority 20080H2266B3930 - 37 -
1 implementing the practice under subsection (b)(1) and (2) unless 2 there is specific agreement otherwise between the authority and 3 the implementing party. 4 (f) Objections.--Any resident, owner of real property or 5 person in the plan area questioning the rate or fees fixed by 6 the county, including extensions of service thereof, shall first 7 raise such objections with the county or the water resources 8 management authority, as the case may be. After exhausting their 9 administrative remedies, persons may bring suit against the 10 water resources management authority or county in the court of 11 common pleas of the county in which the principal office of the 12 water resources management authority is located. 13 CHAPTER 6 14 RIGHTS, REMEDIES, FUNDING AND ENFORCEMENT 15 Section 601. Duty of persons engaged in development of land. 16 Any landowner and any person engaged in any activity, 17 alteration or development of land which may affect water 18 resources or storm water runoff characteristics shall: 19 (1) Manage rate, volume, velocity and quality of runoff 20 so as to prevent pollution to waters of this Commonwealth as 21 defined in The Clean Streams Law. 22 (2) Implement such measures consistent with the 23 provisions of the comprehensive storm water management plan 24 or integrated water resources plan, or both if applicable, as 25 are reasonably necessary to protect, maintain, reclaim and 26 restore waters of this Commonwealth and to prevent injury to 27 health, safety or other property. 28 Section 602. Funding and imposing fees on tax-exempt property. 29 (a) General rule.--Except as provided under subsection (b), 30 real property that is exempt from the payment of real estate tax 20080H2266B3930 - 38 -
1 shall be subject to the fees and charges imposed in accordance 2 with this act. 3 (b) Exempt property.--The following property shall be exempt 4 from the fees imposed by this act: 5 (1) Property owned by a political subdivision, county or 6 municipality. 7 (2) Property owned by an authority. 8 Section 603. Entry upon land for surveys and examinations. 9 (a) Representatives.--Designated representatives of the 10 Commonwealth or a county, municipality or authority, upon 11 serving a reasonable notice and with the authorization of the 12 landowner or occupier, may enter upon lands in the plan area to 13 make surveys and examinations to accomplish the planning 14 purposes of this act. 15 (b) Inspections.--The department is authorized to make 16 inspections, conduct tests or sampling or examine books, papers 17 and records pertinent to any matter under investigation pursuant 18 to this act as it deems necessary to determine compliance with 19 this act, and, for this purpose, the duly authorized agents and 20 employees of the department are authorized at all reasonable 21 times to enter and examine any property, facility, operation or 22 activity. 23 (c) Agents and employees.--The owner, operator or other 24 person in charge of property, facility, operation or activity, 25 upon presentation of proper identification and purpose for 26 inspection by the agents or employees of the department, shall 27 give agents and employees free and unrestricted entry and 28 access, and, upon refusal to grant entry or access, the agent or 29 employee may obtain a search warrant or other suitable order 30 authorizing entry and inspection. It shall be sufficient 20080H2266B3930 - 39 -
1 probable cause to issue a search warrant authorizing examination 2 and inspection if there is probable cause to believe that the 3 object of the investigation is subject to regulation under this 4 act and access, examination or inspection is necessary to 5 enforce the provisions of this act. 6 Section 604. Preservation of existing rights and remedies. 7 The taking of any action under the provisions of this act 8 shall not be construed as estopping the Commonwealth or any 9 county, municipality or aggrieved person from proceeding in 10 courts of law or equity to abate nuisances under existing law or 11 to restrain, at law or in equity, a violation of this act. 12 Section 605. Civil remedies. 13 (a) Public nuisance.--Any activity conducted in violation of 14 the provisions of this act or of any comprehensive storm water 15 management plan or integrated water resources management plan or 16 regulations or ordinances adopted under this act is hereby 17 declared a public nuisance. 18 (b) Actions.--Suits to restrain, prevent or abate violations <-- 19 (B) ACTIONS.-- <-- 20 (1) SUITS TO RESTRAIN, PREVENT OR ABATE VIOLATIONS of 21 this act or of any comprehensive storm water management plan 22 or, integrated water resources management plan, regulations <-- 23 or ordinances adopted under this act may be instituted in 24 equity or at law by the department, any affected county or 25 municipality or any aggrieved person in any court of 26 competent jurisdiction. Except in cases of emergency where, <-- 27 in the opinion of the court, 28 (2) EXCEPT IN CASES OF EMERGENCY WHERE, IN THE OPINION <-- 29 OF THE COURT, the circumstances of the case require immediate 30 abatement of the unlawful conduct, the court may, in its 20080H2266B3930 - 40 -
1 decree, fix a reasonable time during which the person 2 responsible for the unlawful conduct shall correct or abate 3 the conduct. Damages and the expense, including <-- 4 administrative costs and legal fees, of such proceedings 5 shall be recoverable from the violator in a manner as may now 6 or hereafter be provided by law. 7 (3) THE COSTS, ATTORNEY FEES, ADMINISTRATIVE FEES AND <-- 8 OTHER EXPENSES ASSOCIATED WITH PROCEEDING UNDER THIS SECTION 9 SHALL BE RECOVERABLE FROM THE VIOLATOR. 10 (c) Any person injured by conduct which violates the 11 provisions of this act may, in addition to any other remedy 12 provided under this act, recover damages caused by a violation 13 from the landowner or other responsible person. 14 Section 606. Administrative procedure and judicial review. 15 (a) Appeal of action of department.--Any person aggrieved by 16 any action of the department under this act shall have the right 17 within 30 days of receipt of notice of such action to appeal to 18 the Environmental Hearing Board. 19 (b) Appeal of action of political subdivision.--Any person 20 aggrieved by any action of a county, municipality or water 21 resources management authority under this act shall have a right 22 to appeal in accordance with 2 Pa.C.S. Chs. 5 (relating to 23 practice and procedure) and 7 (relating to judicial review). 24 Section 607. Integrated Water Resources Management Account. 25 All fees collected by the department under this act shall be 26 paid into the State Treasury into a special restricted receipt 27 account in the General Fund, known as the Integrated Water 28 Resources Management Account, which shall be administered by the 29 department to implement the purposes of this act and which funds 30 are hereby appropriated to the Department of Environmental 20080H2266B3930 - 41 -
1 Protection for such purposes. 2 Section 608. Grants and reimbursements. 3 (a) Grants.--The department may administer grants to 4 counties and water resources management authorities to assist or 5 reimburse the counties AND THE WATER RESOURCES MANAGEMENT <-- 6 AUTHORITIES for allowable costs in preparing comprehensive storm 7 water management plans and integrated water resources management 8 plans under this act. Grants and reimbursements shall be made 9 from, and to the extent of, funds appropriated by the General 10 Assembly for such purposes and shall be made in accordance with 11 rules and regulations promulgated by the Environmental Quality 12 Board no later than two years from the effective date of this 13 section. 14 (b) Limitation.--The grants shall not exceed 75% of the 15 allowable costs for the preparation of a comprehensive storm 16 water management plan or integrated water resources management 17 plan under this act, by any county or authority. 18 (c) State grants.--For purposes of this section, State 19 grants shall be in addition to grants for similar purposes made 20 to any county or authority by the Federal Government, provided 21 that the grants authorized by this section shall be limited such 22 that the total of all Federal and State grants does not exceed 23 75% of the allowable costs incurred by the county or water 24 resources management authority. 25 (d) Applicability.--Nothing in this section shall be 26 construed to impair or limit application of this act to any 27 municipality, county, water resources management authority or 28 person or to relieve any municipality, county, water resources 29 management authority or person of duties imposed under this act. 30 (e) Report by department.--If, in any fiscal year, 20080H2266B3930 - 42 -
1 appropriations are insufficient to cover the costs or grants and 2 reimbursement to all municipalities, counties and water 3 resources management authorities eligible for grants and 4 reimbursements in that fiscal year, the department shall report 5 that fact to the General Assembly and shall request 6 appropriation of funds necessary to provide the grants and 7 reimbursements authorized under this section. If a deficiency 8 appropriation is not enacted, any municipality, county or water 9 resources management authority which has not received the full 10 amount of the grant or reimbursement for which it is eligible 11 under this section shall be, as a first priority, reimbursed 12 from appropriations made in the next successive fiscal year. 13 (f) Reimbursement of expenses.--Municipalities located in 14 watershed-based planning areas for which storm water management 15 or integrated water resources plans have been prepared and 16 adopted by counties and approved by the department shall be 17 eligible annually for reimbursement for net expenses incurred in 18 the adoption or revision of ordinances or regulations and other 19 actual administrative, enforcement and implementation costs 20 incurred in complying with this act and the applicable approved 21 plan. 22 Section 609. Waiver of use of grant and loan funds. 23 A municipality, county or authority receiving grants or loans 24 from the Commonwealth or its agencies for the construction or 25 repair of any storm water BMP or flood control projects where 26 the Commonwealth's funds are restricted from paying for the 27 acquisition of property, a right-of-way or property removal or 28 demolition necessary for the completion of a project may receive 29 a waiver to spend up to 5% of the grant or loan for these 30 activities upon the approval of the appropriate Commonwealth 20080H2266B3930 - 43 -
1 agency. 2 CHAPTER 7 3 MISCELLANEOUS PROVISIONS 4 Section 701. Repeals. 5 (a) Intent.--The General Assembly declares that the repeal 6 under subsection (b) is necessary to effectuate the addition of 7 this act. 8 (b) Provision.--Sections 9(b) and 14(b) of the act of 9 October 4, 1978 (P.L.864, No.167), known as the Storm Water 10 Management Act, are repealed. 11 (c) General.--All other acts and parts of acts are repealed 12 insofar as they are inconsistent with this act. 13 Section 702. Effective date. 14 This act shall take effect in 60 days. B12L35JS/20080H2266B3930 - 44 -