35 Pa. Stat. § 691.8

Current through P.A. Acts 2023-32
Section 691.8 - Clean Water Fund
(a) All fines collected under the penal provisions of this act, all civil penalties collected under section 605 of this act, all permit fees except those imposed pursuant to sections 202, 203 and 207 and all bond forfeitures and costs recovered under section 315 shall be paid into the Treasury of the Commonwealth in a special fund known as "The Clean Water Fund," which shall be administered by the department for use in the elimination of pollution.
(b) The department may, pursuant to the rules and regulations adopted by the Environmental Quality Board, in the case of a discharge, except those discharges which are in any way connected with or relate to coal mining, which is authorized only if pursuant to a permit issued by the department, accept payments which would be paid into The Clean Water Fund in lieu of requiring the permittee to construct or operate a treatment facility. Such rules and regulations allowing such payments shall include the following:
(1) That the department finds that the use of the funds so received would provide greater benefit to citizens of the Commonwealth and would more appropriately conform to the declarations of policy of this act than would the construction and operation of a treatment facility.
(2) That in determining the amounts of such payments, the department shall consider the cost of construction and operation of a treatment facility, the quantity and quality of the discharge, the effect of the discharge on waters of the Commonwealth, the period of time for which the discharge will continue and other relevant factors.
(3) That the permit authorizing the discharge be subject to such conditions as the department might impose, including conditions relating to procedures for the effective cessation of any pollutional discharge upon closing of the operation.
(4) That allowing the discharge will not adversely affect any treatment program which is being conducted or is contemplated in the watershed in which the discharge is located.
(5) That any such payments accepted in lieu of requiring the permittee to construct or operate a treatment facility shall be used for abatement programs or the construction of consolidated treatment facilities which would be more effective than a larger number of smaller programs or facilities, and further, that such funds shall be used only for such projects, including gathering and collection systems, on the watershed or on the body of water into which such permittee is discharging.

35 P.S. § 691.8

1937, June 22, P.L. 1987, art. I, § 8, added 1970, July 31, P.L. 653, No. 222, § 4. Amended 1980, Oct. 10, P.L. 894, No. 157, § 1, imd. effective.