Act of Aug. 20, 1953, PL 1217, No. 339 Cl. 27

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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.

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