Section 11701.444 - Amendment of essential services plan(a)Periodic review.--No less than once per year, the administrator shall meet with the district advisory committee to consider the adequacy of the essential services plan and consider any request for revision of the essential services plan made by the district advisory committee.(b)Filing of amendment.--The administrator may file a proposed essential services plan amendment with the secretary and each member of the district advisory committee at any time. The district advisory committee may request a public meeting to consider the amendment within five days of the filing of a proposed essential services plan amendment.(c)Notice of amendment.--No later than the date that the administrator files the proposed essential services plan amendment, the administrator shall provide notice to the public of the amended essential services plan using the procedure provided for by section 437(c)(1). If the district advisory committee requests a public hearing, the administrator shall schedule a public meeting within 30 days of the date that the proposed essential services plan amendment was filed and provide notice of the public meeting using the procedure provided for by section 437(c)(2).(d)Comment period.--Written comments on the proposed essential services plan amendment may be filed with the administrator. Written comments must be made no later than 15 days after the date of filing. Written comments judged by the administrator to have value to the essential services plan may be used to develop revisions for a final essential services plan amendment.(e)Administrator's public meeting.--If a public meeting is scheduled at the request of the district advisory committee, the administrator shall request in writing that the members of the district advisory committee be present at the administrator's meeting. At that meeting, the administrator shall: (1) Present a summary of the proposed essential services plan amendment.(2) Receive public comment on the proposed essential services plan amendment.(3) Allow the members of the district advisory committee to present written and oral comments requesting revisions of the proposed essential services plan amendment.(f)Final essential services plan amendment.--The administrator shall consider all timely submitted written comments, comments presented at the public meeting and requests for revision in the amendment of the publicly presented proposed essential services plan before filing a final essential services plan amendment. In the event that the administrator does not incorporate the requests for revision by the district advisory committee regarding the levels of services provided under the essential services plan or the basis for the calculation of fees assessed under the essential services plan, the administrator shall state in the essential services plan amendment why the requested revisions were not feasible to incorporate in the final essential services plan.(g)Emergency essential services plan amendment.--Notwithstanding the requirements provided by this section for the adoption of a final essential services plan amendment, where the secretary finds that there is or will be an imminent threat to public safety, human health or the environment, the secretary may provide a waiver to the administrator allowing the administrator to immediately publish an emergency essential services plan amendment. An emergency essential services plan amendment shall take effect immediately.(h)Notice of final essential services plan amendment.--The administrator shall provide notice of the publication of the final essential services plan amendment or emergency essential services plan amendment in the manner provided in section 437(c)(1)(i), (ii) and (v). Upon providing notice as required by this chapter, the administrator may execute any contract necessary to administer the essential services plan, as amended.(i)Appeal.--(1) Any person aggrieved by a final essential services plan amendment or emergency essential services plan amendment may appeal the final essential services plan amendment to the court of common pleas within 30 days of notice of the filing of the final essential services plan amendment.(2) For purposes of this section, notice shall constitute the date that the person received actual notice of the final essential services plan amendment, or the date that notice of the filing of the final essential services plan amendment is first published in a newspaper with general circulation serving the area in which the municipality is located.(3) An appeal of a final essential services plan amendment shall be limited to the amended portion of the essential services plan.(4) No appeal of a final essential services plan amendment shall constitute an automatic stay of any portion of the essential services plan.(5) The appeal shall be sustained only where the court finds that the final essential services plan amendment is unlawful or unconstitutional, or the conduct of the administrator is arbitrary or capricious. 1987, July 10, P.L. 246, No. 47, § 444, added 2014, Oct. 31, P.L. 2983, No. 199, § 24, effective in 60 days [Dec. 30, 2014].