Bill Text: PA HB1946 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for wastewater processing cooperative planning.

Spectrum: Slight Partisan Bill (Republican 17-9)

Status: (Introduced - Dead) 2011-10-31 - Referred to LOCAL GOVERNMENT [HB1946 Detail]

Download: Pennsylvania-2011-HB1946-Introduced.html

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PRINTER'S NO. 2668
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1946 Session of2011
INTRODUCED BY FARRY, CALTAGIRONE, CLYMER, DAVIS, DAY, DePASQUALE, DiGIROLAMO, EVANKOVICH, GINGRICH, GOODMAN, HORNAMAN, KILLION, MICCARELLI, MUNDY, O'NEILL, PETRI, PYLE, QUIGLEY, READSHAW, THOMAS, WATSON, YOUNGBLOOD AND QUINN, OCTOBER 31, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 31, 2011
AN ACT
Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
as amended, "An act to empower cities of the second class A,
and third class, boroughs, incorporated towns, townships of
the first and second classes including those within a county
of the second class and counties of the second through eighth
classes, individually or jointly, to plan their development
and to govern the same by zoning, subdivision and land
development ordinances, planned residential development and
other ordinances, by official maps, by the reservation of
certain land for future public purpose and by the acquisition
of such land; to promote the conservation of energy through
the use of planning practices and to promote the effective
utilization of renewable energy sources; providing for the
establishment of planning commissions, planning departments,
planning committees and zoning hearing boards, authorizing
them to charge fees, make inspections and hold public
hearings; providing for mediation; providing for transferable
development rights; providing for appropriations, appeals to
courts and penalties for violations; and repealing acts and
parts of acts," providing for wastewater processing
cooperative planning.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 31, 1968 (P.L. 805, No. 247),
known as the Pennsylvania Municipalities Planning Code, is
amended by adding an article to read:
ARTICLE XI-A
WASTEWATER PROCESSING COOPERATIVE PLANNING
Section 1101-A. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Wastewater system." Manager of a wastewater system or
municipal officials of the municipality in which the wastewater
system exists if a manager is not employed to oversee the
system.
Section 1102-A. Notification requirement.
(a) Notice to wastewater systems.--Notwithstanding any other
provision of law, an applicant who files an application for
development, plat approval or planned residential development or
for waiver of land development under this act or who files an
application for a construction permit under section 502 of the
act of November 10, 1999 (P.L. 491, No. 45), known as the
Pennsylvania Construction Code Act, shall provide written
notification of filing of application to any wastewater system
serving the municipality in which the application is filed. A
copy of the written notification shall be provided by the
applicant to the municipality.
(b) Failure to notify.--No application covered by subsection
(a) may be deemed by the municipality to be administratively
complete until the municipality receives a copy of the written
notification required by subsection (a).
Section 1103-A. Review by wastewater systems.
(a) Wastewater systems review.--
(1) Upon receipt of the notification required under
section 1102-A, a wastewater system shall review the
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notification to determine the impact of the application on
the wastewater system. The wastewater system may request
additional information, including a copy of the application,
from the applicant.
(2) Review by the wastewater system must be completed
within 30 days of receipt of the notification required under
section 1102-A. For good cause shown, a system may request
and the municipality shall grant an extension of up to 15
days for completion of the review. If a municipality does not
receive any notice from the wastewater system within these
time frames, the municipality shall proceed with the
application as if the application is in compliance with the
requirements of the wastewater system.
(b) Notification of results of review.--Upon completion of
the review required under subsection (a), the wastewater system
shall notify the applicant and the municipality in writing of
its findings, which shall include a statement regarding the
expected impact of the application on the current system. If the
application will cause an adverse impact on or is not in
compliance with the requirements of the wastewater system, the
wastewater system shall include specific reasons causing the
adverse impact and the actions required to be taken by the
applicant to address such impact.
(c) Approval of applications.--Notwithstanding any other
provisions of law, a municipality shall not approve an
application for development, plat approval or planned
residential development under this act and no application for a
construction permit under section 502 of the act of November 10,
1999 (P.L. 491, No. 45), known as the Pennsylvania Construction
Code Act, until the wastewater system has notified the
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municipality that the application is in compliance with the
requirements of the wastewater system.
Section 1104-A. Criteria for review.
The criteria for review under this article shall be:
(1) to ensure that existing public wastewater systems
are capable of meeting the needs resulting from new
development, redevelopment, change of or intensification of
use and construction projects;
(2) to identify areas where growth, development,
redevelopment, change of and intensification of use or
construction will occur so that public wastewater treatment
and infrastructure services can be adequately planned and
provided as needed;
(3) to encourage cooperation and coordinated planning
among municipalities and public wastewater systems;
(4) to ensure that existing public wastewater systems
are provided with information necessary to adequately plan
for increases in system demand; and
(5) to protect the health, safety and welfare of the
citizens of this Commonwealth by establishing a process for
ensuring that demands on public wastewater systems do not
exceed the capacity of those systems.
Section 2. The act of November 10, 1999 (P.L. 491, No. 45),
known as the Pennsylvania Construction Code Act, is repealed to
the extent that it is inconsistent with the provisions of this
act.
Section 3. This act shall take effect in 60 days.
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