THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, SOLOBAY, BRADFORD, CARROLL, EVERETT, FABRIZIO, FRANKEL, GERGELY, HORNAMAN, W. KELLER, LEVDANSKY, McGEEHAN, MUSTIO, PRESTON, SIPTROTH, VULAKOVICH, WHITE, GIBBONS AND HOUGHTON, JUNE 3, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 3, 2009  

AN ACT

Amending the act of April 8, 1949 (P.L.418, No.58), entitled,

"An act to provide for and regulate the accumulation,

investment, and expenditure of funds by cities, boroughs,

incorporated towns and townships for preparing plans for

sewage disposal systems, and for the construction,

improvement or replacement of sewage disposal systems for

which plans have been approved by the Sanitary Water Board of

the Commonwealth," further providing for definitions and for

expenditure of fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of the act of April 8, 1949 (P.L.418,

No.58), entitled, "An act to provide for and regulate the

accumulation, investment, and expenditure of funds by cities,

boroughs, incorporated towns and townships for preparing plans

for sewage disposal systems, and for the construction,

improvement or replacement of sewage disposal systems for which

plans have been approved by the Sanitary Water Board of the

Commonwealth," is amended to read:

Section 1.  Definitions.--[As used in this act, the word or

phrase] The following words and phrases when used in this act

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department" means the Department of Environmental Protection

of the Commonwealth.

"Municipality" means any city, borough, incorporated town, or

township.

"[Municipality] Municipal Authority" means a body politic and

corporate created pursuant to the provisions of the Municipality

Authorities Act of 1945 [or], the Municipality Authorities Act

of 1935[.] or 53 Pa.C.S. Ch. 56 (relating to municipal

authorities).

"Private Lateral Sewer Line" means a private sewer line

serving a structure or dwelling, running from the structure or

dwelling to a public sewer line.

"Sewage Disposal System" means a system for the disposal of

sewage, including all pipes carrying the sewage and all sewage

treatment works.

"Special Fund" means a sewage disposal system fund created,

invested and expended in accordance with this act.

"Sanitary Water Board" means the Sanitary Water Board of the

Commonwealth.

Section 2.  Section 4 of the act is amended to read:

Section 4.  Expenditure of Fund.--

(1)  The moneys in any such special fund may be expended by

the municipality singly, or jointly with the Federal Government,

the Commonwealth or any department or agency thereof, or with

one or more other municipalities or [municipality] municipal 

authorities, only for preparing plans for a sewage disposal

system and for the construction, improvement or replacement of a

sewage disposal system for which plans have been approved by the

[Sanitary Water Board.] department.

(2)  Municipalities and municipal authorities are authorized

to use public funds for the improvement, extension, repair or

rehabilitation of private lateral sewer lines connected to

public sewer systems, where the municipality or municipal

authority determines that such activities will benefit the

public sewer system. No municipality or municipal authority

which has completed such activities shall be deemed to be the

owner of such private lateral sewer lines, or to have any

further responsibility to conduct such activities, unless a

municipality or municipal authority makes an affirmative

determination to accept such obligations.

Section 3.  This act shall take effect in 60 days.