provided. But this Act shall not apply to waters pumped or flowing from coal mines or tanneries, nor prevent the discharge of sewage from any public sewer system, owned and maintained by a municipality, provided such sewer system was in operation and was discharging sewage into any of the waters of the State at the time of the passage of this Act. But this exception shall not permit the discharge of sewage from a sewer system which shall be extended subsequent to the passage of this Act.

For the purpose of this Act, sewage shall be defined as any substance that contains any of the waste products, or excrementitious or other discharges from the bodies of human being, or animals.

SECTION 5. Upon application duly made to the Commissioner of Health, by the public authorities having by law [102] the charge of the sewer system of any municipality, the Governor of the State, the Attorney General, and the commissioner of Health shall consider the case of such a sewer system, otherwise prohibited by this Act from discharging sewage into any of the waters of the State, and, whenever it is their unanimous opinion that the general interests of the public health would be subserved thereby, the Commissioner of Health may issue a permit for the discharge of sewage from any such sewer system into any of the waters of the State; and may stipulate in the permit the conditions on which such discharge may be permitted. Such permit, before being operative, shall be recorded in the office of the Recorder of Deeds for the county wherein the outlet of the said sewer system is located. Every such permit for the discharge of sewage from a sewer system shall be revocable, or subject to modification and change, by the Commissioner of Health, on due notice, after an investigation and hearing, and an opportunity for all interested therein to be heard thereon, being served on the public authorities of the municipality owning, maintaining, or using the sewage system. The length of time, after receipt of the notice, within which the discharge of sewage shall be discontinued may be stated in the pernmit, but in no case shall it be less than one year or exceed two years, and if the length of time is not specified in the permit it shall be one year. On the expiration of the period of time prescribed, after the service of a notice of revocation, modification, or change, from the Commissioner of Health, the right to discharge sewage into any of the waters of the State shall cease and terminate; and the prohibition of this Act against such discharge shall be in full force, as though no permit had been granted, but anew permit may thereafter again be granted, as hereinbefore provided.

SECTION 6. It shall be the duty of the public authorities, having by law charge of the sewer system, of every municipality [103] in the State, from which sewage was being discharged into any of the waters of the State at the time of the passage of this Act, to file with the Commissioner of Health, within four months after the passage of this Act, a report of such sewer system, which shall comprise such facts and information as the Commissioner of Health may require. No sewer system shall be exempt from the provisions of this Act, against the discharge of sewage into the waters of the State, for which a satisfactory report shall not be filed with the Commissioner of Health, in accordance with this section.

SECTION 7. The penalty for the discharge of sewage from any public sewer system into any of the waters of the State, without a duly issued permit, in any case in which a permit is required by this Act, shall be five hundred dollars, and a further penalty of fifty dollars per day for each day the offence is maintained, recoverable by the Commonwealth, at the suit of the Commissioner of Health, as debts of like amount are recoverable by law. The penalty for the discharge of sewage from any public sewer system into any of the waters of the State, without filing a report, in any case in which a report is required to be filed, shall be fifty dollars, recoverable by a like suit.

SECTION 8. All individuals, private corporations, and companies that, at the time of the passage of this Act, are discharging sewage into any of the waters of the State may continue to discharge such sewage, unless, in the opinion of the Commissioner of Health, the discharge of such sewage may become injurious to the public health. If at any time the Commissioner of Health considers that the discharge of such sewage into any of the waters of the State may become injurious to the public health, he may order the discharge of such sewage discontinued.

SECTION 9. Every individual, private corporation, or [104] company shall discontinue the discharge of sewage into arty of the waters of the State, within ten days after having been so ordered by the Commissioner of Health.

SECTION 10. Any individual, private corporation, or company that shall discharge sewage, or permit the same to flow, into the waters of the State, contrary to the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of twenty-five dollars for each offence, and a further fine of five dollars per day for each day the offence is maintained, or by imprisonment not exceeding one month, or both, at the discretion of the Court.

SECTION 11. Any order or decision, under this Act, of the Commissioner of Health, or that of the Governor, Attorney General and Commissioner of Health, shall be subject to an appeal to any Court of Common Pleas of the county wherein the outlet of such sewer or sewer system, otherwise prohibited by this Act, is situated, and said Court shall have power to hear said appeal, and may affirm or set aside said order or decision, or modify the same, or otherwise fix the terms upon which permission shall be granted. But the order or decision appealed from shall not be superseded by the appeal, but shall stand until the order of the Court, as above.

Approved the twenty-second day of April, A. D. 1905.
SAMUEL W. PENNYPACKER. [Governor of Pennsylvania]

[105]

AN ORDINANCE

To authorize the Department of Public Works to make investigations and report upon a comprehensive plan for the collection, purification and disposal of the sewage of the City, together with such alterations and extensions of the existing sewerage systems as may be necessary , and to make an appropriation therefor.

WHEREAS, By an Act of Assembly of the State of Pennsylvania, entitled "An Act to preserve the purity of the waters of the State for the protection of the public health," approved Apri1 22, 1905, it is provided, among other things, that "No person, corporation or municipality shall place, or permit to be placed or discharge, or permit to flow into any of the waters of the State, any sewage, except as hereinafter provided, etc." Also, that "Whenever it is their unanimous opinion (Governor, Attorney General and Commissioner of Health), that the general interests of the public health would be subserved thereby, the Commissioner of Health may issue a permit for the discharge of sewage for any such sewer system into any of the waters of the State, and may stipulate in the permit the conditions on which such discharge may be permitted," revocable at any time, and

WHEREAS, The Governor of the State, the Attorney General and the Commissioner of Health have by various permits granted the right to the City of Philadelphia to extend various sewer systems, and to discharge the sewage into the waters of the State, subject, among others, to the following condition, "That the City shall, on or before the year one thousand nine hundred and twelve prepare and and submit to the State Department of Health for approval, a comprehensive sewerage plan for the collection and disposal of the sewage of the various drainage districts of the City," and another condition as follows: "Extensions [106] shall be immediately approved, provided some progress shall be made each year in the study of a comprehensive system of sewerage for the various drainage districts, and provided that said sewer extensions shall not, as far as practicable, be at cross purposes with said comprehensive system," now therefore,

SECTION 1. The Select and Common Councils of the City of Philadelphia do ordain, That the Department of Public Works be authorized and directed to make investigations and report upon a comprehensive plan for the collection, purification and disposal of the sewage of the City, together with such alterations and extensions of the existing sewerage system as may be necessary; also to carry on experiments and report upon the feasibility of the treatment of sewage, together with estimates of the probable cost of altering the present sewage systems as far as may be required, of constructing necessary out fall sewers, of constructing disposal works, and the maintenance of the same.

SECTION 2. The Director of the Department of Public Works is hereby authorized to employ in consultation such Engineers and Bacteriologists as may be requisite to reach a satisfactory solution of the problem; and also to employ such engineers and assistants as may be required for making surveys, investigations, experiments and recommendations; all expenses for salaries, inspection, tests, transportation, and incidental expenses, not otherwise provided for, shall be paid out of the appropriation for the work herein authorized.

SECTION 3. The sum of seven thousand five hundred (7,500) dollars is hereby appropriated to the Department of Public Works, Bureau of Surveys, for the work herein authorized.

Approved the twentieth day of July, A. D. 1907.
JOHN E. REYBURN, Mayor of Philadelphia.

Return to
1914 Plan Homepage

Website by Panacea Design and Adam Levine
Page last modified April 30, 2005