THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY M. WHITE, MUSTO, STOUT, SCARNATI, PILEGGI, WARD, FOLMER, ORIE, ARGALL, ERICKSON, LEACH, GORDNER, MENSCH, ALLOWAY, VANCE, YAW, BAKER, D. WHITE, VOGEL, EARLL, WASHINGTON, PICCOLA AND BRUBAKER, APRIL 5, 2010

SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED, JUNE 8, 2010   

AN ACT

Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,

as amended, "An act to preserve and improve the purity of the

waters of the Commonwealth for the protection of public

health, animal and aquatic life, and for industrial

consumption, and recreation; empowering and directing the

creation of indebtedness or the issuing of non-debt revenue

bonds by political subdivisions to provide works to abate

pollution; providing protection of water supply and water

quality; providing for the jurisdiction of courts in the

enforcement thereof; providing additional remedies for

abating pollution of waters; imposing certain penalties;

repealing certain acts; regulating discharges of sewage and

industrial wastes; regulating the operation of mines and

regulating the impact of mining upon water quality, supply

and quantity; placing responsibilities upon landowners and

land occupiers and to maintain primary jurisdiction over

surface coal mining in Pennsylvania," further providing for

the Clean Water Fund and for industrial waste discharges.

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The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8(a) of the act of June 22, 1937

(P.L.1987, No.394), known as The Clean Streams Law, amended

October 10, 1980 (P.L.894, No.157), is amended and the section

is amended by adding a subsection to read:

Section 8.  Clean Water Fund.--(a)  All fines collected under

the penal provisions of this act, all civil penalties collected

under section 605 of this act, all permit fees except those

imposed pursuant to sections 202, 203 and 207 and all bond

forfeitures and costs recovered under section 315 shall be paid

into the Treasury of the Commonwealth in a special fund known as

"The Clean Water [Fund," which shall be administered by the

department for use in the elimination of pollution.] Fund." The

department may use money in the fund for any of the following

purposes:

(1)  The elimination or reduction of pollution.

(2)  The prevention or mitigation of risks posed by the West

Nile Virus.

(3)  For black fly suppression.

(4)  For planning, enforcement and other grants authorized

under section 6 of the act of January 24, 1966 (1965 P.L.1535,

No.537), known as the "Pennsylvania Sewage Facilities Act."

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(c)  No later than March 31 of each year, the department

shall submit an annual report to the chairman and minority

chairman of the Appropriations Committee of the Senate and the

chairman and minority chairman of the Appropriations Committee

of the House of Representatives listing and providing a brief

description of all expenditures from the Clean Water Fund for

the preceding calendar year. The report shall also be posted and

maintained on the department's publicly accessible Internet

website.

Section 2.  Section 307 of the act is amended by adding a

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subsection to read:

Section 307.  Industrial Waste Discharges.--* * *

(d)  In addition to the exemptions contained in 25 Pa. Code §

102.5 (relating to permit requirements), and in accordance with

the Federal Water Pollution Control Act (62 Stat. 1155, 33

U.S.C. § 1342 (l)(2)), the Department of Environmental

Protection shall not require a National Pollutant Discharge

Elimination System permit for storm water discharges associated

with construction activities for oil and gas activities. For

purposes of this section, "oil and gas activities" shall have

the same meaning as defined in 25 Pa. Code § 102.1 (relating to

definitions).

Section 2 3.  This act shall take effect immediately.

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