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.