PRINTER'S NO. 2001
No. 1636 Session of 1999
INTRODUCED BY LYNCH, HUTCHINSON, FARGO, McNAUGHTON, BELFANTI,
CLARK, CURRY, GODSHALL, HARHAI, HERSHEY, McGILL, SAYLOR,
E. Z. TAYLOR, J. TAYLOR, WILT AND YOUNGBLOOD, JUNE 14, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 14, 1999
AN ACT
1 Providing for designation and conservation of exceptional value
2 waters.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Exceptional
7 Value Waters Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Environmental Protection of
13 the Commonwealth.
14 "Exceptional value waters." Includes those waters and
15 watersheds designated by the Environmental Quality Board as
16 exceptional value waters in compliance with the criteria and
17 procedures of section 3.
1 Section 3. Exceptional value waters.
2 (a) Designation by board.--Following the procedures set
3 forth in this section, the Environmental Quality Board may by
4 regulation designate a specific stream or watershed, or portions
5 of a stream or watershed, as exceptional value waters if the
6 stream or watershed meets one or more of the following criteria:
7 (1) The stream or watershed was classified as
8 exceptional value waters pursuant to final regulations
9 adopted by the board prior to January 1, 1999.
10 (2) The stream or watershed is located within the
11 corridor of a stream which has been designated as "wild" or
12 "scenic" pursuant to the act of December 5, 1972 (P.L.1277,
13 No.283), known as the Pennsylvania Scenic Rivers Act or the
14 Wild and Scenic Rivers Act (Public Law 90-542, 16 U.S.C. §
15 1271 et seq.).
16 (3) The stream or watershed constitute waters flowing
17 within or contiguous to a national, State or county park or
18 forest, State game lands, or other lands owned by the Federal
19 Government or the Commonwealth for conservation purposes.
20 (4) The stream or watershed constitutes a "wilderness
21 trout stream" designated by the Pennsylvania Fish and Boat
22 Commission.
23 (5) The stream or watershed is located in the watershed
24 of, and is important to maintaining the quality of, surface
25 waters used by an existing unfiltered public drinking water
26 supply.
27 (6) The board finds, after study, that:
28 (i) stream or watershed exhibits water quality
29 meeting at least the water quality criteria for "high
30 quality waters" as set forth in the department's
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1 regulations;
2 (ii) the stream or watershed constitutes an
3 outstanding national, State or regional resource; and
4 (iii) no more than 10% of the land surface area of
5 the affected watershed is developed.
6 (b) Report.--
7 (1) Except as provided in paragraph (2), prior to
8 proposal of rules designating an exceptional value water, the
9 department shall prepare an environmental, social and
10 economic impact assessment report. Such report shall:
11 (i) Identify the area and location of the stream and
12 watershed to be designated.
13 (ii) Evaluate the existing water quality,
14 environmental and ecological values of the stream and
15 watershed.
16 (iii) Describe and evaluate the impact of existing
17 and proposed land uses with the watershed to be
18 designated.
19 (iv) Describe and assess the effect of an
20 exceptional value designation on existing and proposed
21 uses of public and private lands adjacent to or in the
22 watershed, including impacts upon the value of any
23 private lands which may be affected or restricted by such
24 designation.
25 (2) An environmental, social and economic impact
26 assessment shall not be required where at least 90% of the
27 stream or watershed proposed for designation is located upon
28 the land or lands owned by the Federal Government, the
29 Commonwealth, a county, municipality or public water supply
30 agency.
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1 (c) Public informational meetings and public hearings.--
2 Prior to adopting regulations designating a stream or watershed
3 as exceptional value waters, at least one public informational
4 meeting and at least one public hearing shall be held in the
5 county or counties where the stream or watershed is located.
6 When the designation effects a stream or watershed in more than
7 one county, the meetings and hearings shall be held at a
8 location reasonably convenient to the parties notified under
9 subsection (d)(1), (2) and (3).
10 (d) Notice of meetings and hearing.--Notice of the
11 informational public meetings and notice of the public hearing
12 shall be given at least three weeks in advance in a newspaper of
13 general circulation in the county, or in the case of land
14 located in more than one county, in a newspaper of general
15 circulation in each county. Notice shall also be given three
16 weeks in advance:
17 (1) by first class mail to each county, city, borough,
18 incorporated town or township wherein is located land
19 involved in the study;
20 (2) by first class mail to each person to whom the
21 department has issued a permit authorized by this act, to
22 each person who has submitted a permit application for
23 activities regulated under this act, and to each person
24 conducting activities regulated under this act by a general
25 permit or permit-by-rule, if the regulated activity is or
26 will be conducted on watershed lands affected by the
27 Exceptional Value Waters designation and to any applicants
28 with pending applications for discharge permits in the
29 watershed covered by the petition and any applicants with
30 pending requests for revision, amendment or supplement of
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1 official plans submitted pursuant to the act of January 24,
2 1966 (1965 P.L.1535, No.537), known as the Pennsylvania
3 Sewage Facilities Act; and
4 (3) by certified mail to those owners of the watershed
5 lands which would be affected by the Exceptional Value Waters
6 designation, as shown on county tax assessment records.
7 (e) Watershed lands.--If the recommended Exceptional Value
8 Waters designation affects interests in watershed lands that are
9 under private ownership or control, the department shall
10 actively engage all owners of interests in the affected property
11 and all persons conducting regulated activities on the affected
12 watershed lands in a process to design a formal watershed
13 conservation plan. The purpose of the plan shall be to provide
14 for the level of protection of aquatic resources and
15 recreational uses required by the recommended Exceptional Value
16 Waters designation while ensuring property owners and residents
17 long-range certainty about the future development of their land.
18 (f) Procedure.--
19 (1) Any petition filed pursuant to section 1920-A of the
20 act of April 9, 1929 (P.L.177, No.175), known as The
21 Administrative Code of 1929, requesting the Environmental
22 Quality Board to designate a stream or watershed as
23 exceptional value waters shall be considered pursuant to the
24 procedures set forth in this subsection.
25 (2) The petition shall provide the following
26 information:
27 (i) The location and area of the watershed covered
28 by the petition, including a map or maps published by the
29 United States Geological Survey, indicating the perimeter
30 of the area proposed for designation.
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1 (ii) A summary and analysis of available water
2 quality information regarding instream water chemistry.
3 (iii) Data regarding land ownership in the
4 watershed.
5 (iv) A description of the patterns and location of
6 existing land use and development in the watershed.
7 (v) A description of present and proposed land use
8 controls or plans in the watershed.
9 (vi) A detailed description of existing water uses
10 in the watershed.
11 (vii) Detailed supporting evidence establishing that
12 the stream or watershed qualifies for designation as
13 exceptional value waters under the criteria set forth in
14 subsection (a).
15 (viii) The petitioner's name, address and telephone
16 number.
17 (ix) Identification of the petitioner's interest
18 which may be affected by the proposed designation.
19 (3) Within thirty days of receipt of a petition, the
20 department shall notify the petitioner by certified mail
21 whether or not the petition is complete as required by this
22 section.
23 (4) Within 30 days of receipt of a petition, the
24 department shall notify by first class mail any applicants
25 with pending applications for discharge permits in the
26 watershed covered by the petition and any applicants with
27 pending requests for revision, amendment or supplement of
28 official plans submitted pursuant to the Pennsylvania Sewage
29 Facilities Act.
30 (g) Permit applications.--No petition or proposal to
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1 designate a stream or watershed as "exceptional value waters"
2 shall have any effect or be considered in the review and
3 approval of permit applications submitted under any act
4 administered by the department unless and until such designation
5 is adopted by the Environmental Quality Board as final
6 rulemaking and published in the Pennsylvania Bulletin.
7 Section 4. Effective date.
8 This act shall take effect immediately.
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