PRIOR PRINTER'S NO. 3297 PRINTER'S NO. 3577
No. 2476 Session of 1998
INTRODUCED BY DeLUCA, GEORGE, REBER, PESCI, BARRAR, GIGLIOTTI,
HARHAI, WOJNAROSKI, STERN, LAUGHLIN, STABACK, PHILLIPS,
YOUNGBLOOD, BELFANTI, READSHAW, DRUCE, MELIO, C. WILLIAMS,
TIGUE, TRELLO, PETRARCA, VEON, MAITLAND, SURRA, MAHER AND
ORIE, MARCH 25, 1998
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 6, 1998
AN ACT
1 Requiring the Department of Environmental Protection to return
2 to political subdivisions and municipal authorities for use
3 in corrective action 80% of fines and assessments received
4 from the political subdivisions and municipal authorities
5 either directly or through the Federal Environmental
6 Protection Agency.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title. <--
10 This act shall be known and may be cited as the Municipal
11 Sanctions Refund Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Department." The Department of Environmental Protection of
17 the Commonwealth.
18 Section 3. Return of portion of fines.
1 The department shall return to each political subdivision and
2 municipal authority 80% of all fines and assessments received
3 from the political subdivision or municipal authority, either
4 directly or through the Federal Environmental Protection Agency.
5 Section 4. Use of fines.
6 Fines returned to political subdivisions and municipal
7 authorities under this act shall be used to correct the problems
8 which resulted in the levying of the fines and assessments.
9 Section 5. Reporting.
10 Each political subdivision and municipal authority receiving
11 funds under this act shall, not less than quarterly, submit a
12 detailed report to the department relating to the use of the
13 funds, and shall submit a final report when all funds are
14 expended or a project is completed, whichever occurs first.
15 Section 6. Effective date.
16 This act shall take effect immediately.
17 SECTION 1. SHORT TITLE. <--
18 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE MUNICIPAL
19 SANCTIONS ASSESSMENT ACT.
20 SECTION 2. DEFINITIONS.
21 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
22 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
23 CONTEXT CLEARLY INDICATES OTHERWISE:
24 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF
25 THE COMMONWEALTH.
26 SECTION 3. RETURN OF PORTION OF FINES.
27 THE DEPARTMENT SHALL RETURN TO EACH MUNICIPALITY OR MUNICIPAL
28 AUTHORITY 80% OF ALL FINES AND ASSESSMENTS RECEIVED FROM THE
29 MUNICIPALITY OR MUNICIPAL AUTHORITY, EITHER DIRECTLY OR THROUGH
30 THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY FOR ANY ONE OR MORE
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1 VIOLATIONS OF ANY ONE OR MORE ENVIRONMENTAL STATUTES OR
2 REGULATIONS ARISING FROM ANY ONE INCIDENT AT A FACILITY OWNED OR
3 OPERATED BY THE MUNICIPALITY OR MUNICIPAL AUTHORITY,
4 NOTWITHSTANDING ANY OTHER LAW OR REGULATION TO THE CONTRARY.
5 SECTION 4. DISPOSITION OF FINES AND PENALTIES.
6 ALL FINES AND ASSESSMENTS RETURNED BY THE DEPARTMENT SHALL BE
7 USED BY THE MUNICIPALITY OR MUNICIPAL AUTHORITY, AS FUNDS
8 PERMIT, IN THE FOLLOWING ORDER OF PRIORITY:
9 (1) REHABILITATION OF THE EXISTING FACILITY TO BRING THE
10 FACILITY TO REQUIRED ENVIRONMENTAL PROTECTION STANDARDS,
11 WHICH REHABILITATION MAY INCLUDE EXPENDITURES FOR EQUIPMENT
12 AND MATERIALS NECESSARY TO CORRECT OPERATING DEFICIENCIES AT
13 THE FACILITY AT WHICH THE VIOLATION OR VIOLATIONS OCCURRED.
14 (2) ENVIRONMENTAL IMPROVEMENT PROJECTS OF ANY TYPE AT
15 OTHER FACILITIES UNDER THE OWNERSHIP OR CONTROL OF THE
16 MUNICIPALITY OR MUNICIPAL AUTHORITY.
17 (3) TO THE APPROPRIATE ENVIRONMENTAL FUND DESIGNATED IN
18 THE STATUTE OR STATUTES UNDER WHICH THE FINES AND PENALTIES
19 WERE ASSESSED.
20 SECTION 5. OVERSIGHT AND REPORTING.
21 (A) GENERAL RULE.--ALL FUNDS RETURNED UNDER SECTION 3 TO A
22 MUNICIPALITY OR MUNICIPAL AUTHORITY SHALL BE USED ONLY FOR
23 REHABILITATION PROJECTS AND ENVIRONMENTAL IMPROVEMENT PROJECTS
24 AUTHORIZED BY THE DEPARTMENT AFTER CONSULTATION WITH THE
25 MUNICIPALITY OR THE MUNICIPAL AUTHORITY.
26 (B) REPORTS.--A MUNICIPALITY OR MUNICIPAL AUTHORITY SHALL,
27 NOT LESS THAN QUARTERLY, SUBMIT A DETAILED REPORT TO THE
28 DEPARTMENT RELATING TO THE USE OF THE FUNDS RETURNED AND SHALL
29 SUBMIT A FINAL REPORT WHEN ALL FUNDS ARE EXPENDED OR THE PROJECT
30 IS COMPLETE, WHICHEVER OCCURS FIRST.
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1 (C) GUIDELINES.--THE DEPARTMENT SHALL DEVELOP AND PUBLISH
2 GUIDELINES FOR THE IMPLEMENTATION OF THIS ACT WHICH SHALL
3 INCLUDE THE POLICY TO BE USED BY THE DEPARTMENT IN DETERMINING
4 THE ELIGIBILITY OF PROJECTS, A NONEXCLUSIVE DESCRIPTION OF THE
5 TYPES OF REHABILITATION PROJECTS AND ENVIRONMENTAL IMPROVEMENT
6 PROJECTS WHICH WOULD QUALIFY FOR FUNDING UNDER SECTION 4(1) AND
7 (2) AND REQUIREMENTS FOR MONITORING BY THE DEPARTMENT AND
8 REPORTING BY THE MUNICIPALITY OR MUNICIPAL AUTHORITY ON THE USE
9 OF THE FUNDS.
10 SECTION 6. APPLICABILITY.
11 THE PROVISIONS OF THIS ACT SHALL APPLY TO THE PENNSYLVANIA
12 FISH AND BOAT COMMISSION INSOFAR AS THEY APPLY TO ENFORCEMENT
13 ACTIVITIES ARISING FROM POLLUTION OR CONTAMINATION OF THE
14 STREAMS AND WATERWAYS OF THIS COMMONWEALTH.
15 SECTION 7. EFFECTIVE DATE.
16 THIS ACT SHALL TAKE EFFECT IN 90 DAYS.
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