Pennsylvania Act 1899-116 — FIRST CLASS CITIES WATER SUPPLY PROTECTED

Act text

AN ACT

To prevent the pollution of the water supply of cities of the first class, being a supplement to an act, entitled "An act to establish a State Board of Health for the better protection of life and health, and to prevent the spread of contagious and infectious diseases in this Commonwealth," approved June three, one thousand eight hundred and eighty-five.

Section 1. Department of health authorized to examine domestic water supply

The State Board of Health shall be and is hereby authorized to examine the water supplied to cities of the first class of this Commonwealth for domestic uses, for the purpose of ascertaining whether said water is free from contamination by human excrement. 1899, May 2, P.L. 176, Sec. 1.

Section 2. Investigation of cause of contamination; abatement or removal of cause

Should it be ascertained by said examination that the water supplied, as aforesaid, is so contaminated, the said Board is hereby authorized and directed to make such investigation as will ascertain the cause thereof, and whether the water is so polluted and to this end may, by its duly accredited officers or agents, enter upon any property where the cause of said pollution is believed to exist, provided a warrant for said purpose shall first have been obtained from a magistrate or justice of the peace of the county wherein said property is situated, upon an affidavit of an officer or agent of the said Board that there is information or belief of said pollution. And if it shall be found that said pollution is due to the fault or neglect of any person or corporation owning or occupying said property, to thereupon adopt such measures for the removal or abatement of said causes, so that the water supplied, as aforesaid, may be made free from contamination by said excrement. 1899, May 2, P.L. 176, Sec. 2.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 3. Proceedings to remove or abate cause; payment of expense; lien; costs

In order to carry out the provisions of the foregoing section, the said Board is hereby authorized and directed to notify, or cause to be notified, every person or corporation upon whose property or in connection with whose business said contamination exists or has its origin, which is found by said board to pollute the water supplied, as aforesaid, and is thereby a nuisance, to remove or abate the same within a reasonable time, to be stated in said notice. Should the party notified fail to comply with the requirements of said notice, the said nuisance shall be abated by the local board of health, if there be one, under the direction of the said State Board, immediately upon the expiration of the time fixed by said notice. If, however, the local board should neglect or refuse to act with due diligence, or if no such local board should exist, then the said state board shall cause said nuisance to be abated. All expenses incidental to the abatement of said nuisance shall be charged against the owner or owners of the premises whereon such nuisance exists, and a lien may be filed for the work done and materials furnished against said premises. In case of any legal proceedings under this act, the costs shall be ascertained and the liability therefor determined by and made part of the judgment or decree of the court in each case. 1899, May 2, P.L. 176, Sec. 3.

Section 4. Proceedings in case of contamination from legitimate cause

If, however, the cause of contamination by human excrement is incidental to the conduct of some legitimate business, or of a municipality, and does not amount to a common nuisance, the said Board shall cause a petition to be presented to the court of common pleas of the county in which the said business is carried on, or the municipality is situated, asking for the abatement of the matter complained of, which petition shall set forth fully the causes for such action; and thereupon a citation shall issue to the party or parties complained of, directing them to show cause why the matter complained of should not be abated. The party or parties thus complained of shall file an answer within ten days after the service of the said citation. The matter shall then be proceeded with and heard before the said court of common pleas, in the same manner as injunction proceedings are now conducted, and after a full hearing of the parties and witnesses the court shall make such order as the circumstances demand. 1899, May 2, P.L. 176, Sec. 4.

Section 5. Payment of expenses incurred under act

All expenses incurred by the State Board of Health under this act shall be met from the regular biennial appropriation, to be made by the Legislature for the use of said board. 1899, May 2, P.L. 176, Sec. 5.

Section 6. Construction of act

This act shall not be construed to impair or repeal any act or acts applicable to any local board of health, nor shall it impair or repeal any existing provision of law in regard to the pollution of springs, streams, ponds, water-courses, or rivers, or the power and jurisdiction of any court relating to the prevention or removal of such pollution. 1899, May 2, P.L. 176, Sec. 6.