Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 859 - Commonwealth agencies to cooperate(1) Agencies of this Commonwealth and agencies of any county or other governmental subdivision of the Commonwealth may cooperate with the directors of any districts organized hereunder in the effectuation of programs and operations undertaken by the board of directors under the provisions of this act.(2)(a) In accordance with regulations adopted by the Environmental Quality Board, the department may, by agreement, delegate to a district one or more of its regulatory and enforcement functions, including, but not limited to, the act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," and the rules and regulations adopted thereunder; the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act;" the act of October 4, 1978 (P.L. 851, No. 166), known as the "Flood Plain Management Act," and the rules and regulations adopted thereunder; the act of November 26, 1978 (P.L. 1375, No. 325), known as the "Dam Safety and Encroachments Act," and the rules and regulations adopted thereunder; and theact of July 7, 1980 (P.L. 380, No. 97) , known as the "Solid Waste Management Act," and the rules and regulations adopted thereunder.(b) Any other State agency, in accordance with the regulations, guidelines or policies adopted by the agency may, by agreement, delegate to a district one or more of its regulator and enforcement functions.(c) Any district acting pursuant to a delegation agreement shall have the same powers and duties otherwise vested in any delegating department or agency of this Commonwealth to implement these acts, to the extent delegated by the agreement. Any delegating department shall monitor and supervise the activities of each district conducted pursuant to a delegation agreement. Any person aggrieved by an action of a district pursuant to a delegation agreement may appeal such action pursuant to 2 Pa.C.S. § 105 (relating to local agency law), within thirty days following notice of such action.(d) Prior to the commission's approval of any delegation agreement, any Commonwealth agency proposing a delegation agreement must provide the commission with the following: (i) an analysis of funding sources for the proposed delegation agreement;(ii) an estimation of the current and projected amount of funds or compensation to be provided for proposed delegation agreement;(iii) any conditions, limitations or other factors that affect or potentially affect the proposed funding sources;(iv) any additional resources outside of the proposed funding in support of the proposed delegation agreement; and(v) a clear delineation of the duties, authorities, deliverables and tasks to be performed under the delegation agreement.1945, May 15, P.L. 547, § 11. Amended 1963, Aug. 8, P.L. 598, § 1; 1972, Dec. 29, P.L. 1686, No. 361, § 9. Reenacted and amended 1984, Dec. 19, P.L. 1125, No. 221, § 2, imd. effective. Amended 2008, July 9, P.L. 986, No. 75, §7, effective in 60 days [ 9/8/2008].