Pennsylvania Act 1953-339 — SEWAGE CONSTRUCTION PAYMENTS TO MUNICIPALITIES

Act text

SEWAGE CONSTRUCTION PAYMENTS TO MUNICIPALITIES
                 Act of Aug. 20, 1953, P.L. 1217, No. 339             Cl. 27
                                  AN ACT

     Providing for payments by the Commonwealth to municipalities
        which have expended money to acquire and construct sewage
        treatment plants in accordance with the Clean Streams Program
        and the act, approved the twenty-second day of June, one
        thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
        making an appropriation.

        Whereas, The Commonwealth of Pennsylvania under the Act of
     Assembly approved the twenty-second day of June, one thousand
     nine hundred thirty-seven (Pamphlet Laws 1987), has required
     certain municipalities of this Commonwealth to construct sewage
     treatment plants to abate the pollution of the waters of the
     Commonwealth and thereby preserve and improve the purity of such
     waters in the interest of the public health; and,
        Whereas, these municipalities have in the past and will in
     the future expend large sums of money to acquire and construct
     sewage treatment plants in accordance with the Clean Streams
     Program and the aforesaid Act of Assembly, which sewage
     treatment facilities benefit not only the local municipality but
     are a benefit to all of the citizens of the Commonwealth of
     Pennsylvania; and,
        Whereas, the responsibility to preserve and improve the
     purity of the waters of the Commonwealth does not rest solely
     upon municipal government but is also a function and
     responsibility of State government acting in the interest of the
     general public health, the Commonwealth of Pennsylvania, in
     consideration of the benefits resulting from the acquisition and
     construction, both in the past and in the future, of sewage
     treatment plants by municipalities.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Commencing on the first day of July, one thousand
     nine hundred fifty-four, and annually thereafter, until the end
     of the fiscal year ending the thirtieth day of June, one
     thousand nine hundred sixty-five, the Commonwealth shall pay
     toward the cost of operating, maintaining, repairing, replacing
     and other expenses relating to sewage treatment plants, an
     amount not to exceed two per centum (2%) and commencing on the
     first day of July, one thousand nine hundred sixty-five and
     annually thereafter, the Commonwealth shall pay an amount equal
     to two per centum (2%) of the costs for the acquisition and
     construction of such sewage treatment plants by municipalities,
     municipality authorities and school districts to control stream
     pollution, expended by such municipalities, municipality
     authorities and school districts from the effective date of the
     act, approved the twenty-second day of June, one thousand nine
     hundred thirty-seven (Pamphlet Laws 1987), up to and including
     the thirty-first day of December of the year preceding the year
     in which such payment is made, and as ascertained by the
     Secretary of Environmental Resources and approved by the
     Governor, as hereinafter provided.
        (1 amended Apr. 3, 1992, P.L.51, No.16)

        Compiler's Note:  Section 20(b) of Act 16 of 1988 provided
            that section 1 is repealed insofar as it applies to
            projects funded under the provisions of Act 16.
        Section 1.1.  Whenever the State Public School Building
     Authority or any municipality authority shall construct or
     acquire a sewage treatment plant and then lease such plant to a
     school district, or school districts, then such school district,
     or school districts, shall be entitled to payment from the
     Commonwealth under this act toward the cost of operating,
     repairing, replacing and other expenses relating to any sewage
     treatment plants so constructed by the State Public School
     Building Authority or any municipality authority. In those cases
     in which the sewage treatment plants are constructed or acquired
     by the State Public School Building Authority or the
     municipality authority, the cost of construction or acquisition
     to the State Public School Building Authority or the
     municipality authority shall be the basis for payment by the
     Commonwealth to such school district or school districts. The
     school district or school districts shall file such reports as
     are required by section 3 of this act.
        (1.1 added Aug. 11, 1967, P.L.236, No.89)

        Compiler's Note:  Section 20(b) of Act 16 of 1988 provided
            that section 1.1 is repealed insofar as it applies to
            projects funded under the provisions of Act 16.
        Section 2.  Within the meaning of this act, the word
     "construction" shall include, in addition to the construction of
     new treatment works, pumping stations and intercepting sewers
     which are an integral part of the treatment facilities, the
     altering, improving or adding to of existing treatment works,
     pumping stations and intercepting sewers which are essential to
     the sewage treatment plant system, provided the acquisition and
     construction has been directed by the Department of
     Environmental Resources, and said construction completed and
     facilities placed in operation in accordance with the act,
     approved the twenty-second day of June, one thousand nine
     hundred thirty-seven (Pamphlet Laws 1987).
        (2 amended Apr. 3, 1992, P.L.51,No.16)

        Compiler's Note:  Section 20(b) of Act 16 of 1988 provided
            that section 2 is repealed insofar as it applies to
            projects funded under the provisions of Act 16.
        Section 3.  The amounts to be expended for any of the
     foregoing purposes shall be recommended by the Secretary of
     Environmental Resources and approved by the Governor, in
     accordance with rules and regulations which the Department of
     Environmental Resources is hereby authorized to promulgate, and
     shall be based upon reports filed with the Secretary of
     Environmental Resources prior to the thirty-first day of
     January, one thousand nine hundred fifty-four, and annually
     thereafter, by the municipalities, municipality authorities or
     school districts entitled to receive such payments, setting
     forth the amounts expended for the acquisition and construction
     of sewage treatment plants from the effective date of the act,
     approved the twenty-second day of June, one thousand nine
     hundred thirty-seven (Pamphlet Laws 1987), up to and including
     the thirty-first day of December of the preceding year. The
     thirty-first day of January deadline for the filing of annual
     reports and applications for payments may be extended by the
     Secretary of Environmental Resources for a period not to exceed
     thirty (30) days upon cause shown.
        (3 amended Apr. 3, 1992, P.L.51, No.16)

        Compiler's Note:  Section 20(b) of Act 16 of 1988 provided
            that section 3 is repealed insofar as it applies to
            projects funded under the provisions of Act 16.
        Section 4.  The sum of two million dollars ($2,000,000), or
     so much thereof as may be necessary, is hereby appropriated to
     the Department of Health for the purposes set forth in this act.