PRINTER'S NO. 4622
No. 2989 Session of 2002
INTRODUCED BY HERSHEY, HARPER, BARD, RUBLEY, SEMMEL, B. SMITH
AND ALLEN, NOVEMBER 19, 2002
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 19, 2002
AN ACT
1 Providing for water resources planning and for administration
2 and enforcement relating thereto.
3 TABLE OF CONTENTS
4 Chapter 1. General Provisions
5 Section 101. Short title.
6 Section 102. Definitions.
7 Section 103. Intergovernmental cooperation and coordination.
8 Section 104. Administrative agreements with other agencies.
9 Chapter 3. Water Resources Planning
10 Section 301. State water plan.
11 Section 302. Plan contents.
12 Section 303. Regional committees.
13 Section 304. Statewide Water Resources Committee.
14 Section 305. Development, adoption, amendment and periodic
15 review of State water plan.
16 Section 306. Use of plan.
17 Section 307. Statewide data system.
1 Section 308. Water use registration and reporting.
2 Section 309. Confidential information.
3 Section 310. Water conservation.
4 Section 311. Grants.
5 Chapter 5. Administration and Enforcement
6 Section 501. Administration.
7 Section 502. Public nuisance.
8 Section 503. Enforcement orders.
9 Section 504. Civil remedies.
10 Section 505. Preservation of rights and remedies.
11 Section 506. Relation to other laws.
12 Chapter 7. Miscellaneous Provisions
13 Section 701. Repeal.
14 Section 702. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 CHAPTER 1
18 GENERAL PROVISIONS
19 Section 101. Short title.
20 This act shall be known and may be cited as the Water
21 Resources Planning Act.
22 Section 102. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Basin." The watershed of one of the following major rivers
27 or hydrologic systems: the Delaware River; the Great Lakes; the
28 Ohio River; the Potomac River; and the Susquehanna River.
29 "Clean Streams Law." The act of June 22, 1937 (P.L.1987,
30 No.394), known as The Clean Streams Law.
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1 "Compact Basin Commission." An interstate commission having
2 jurisdiction with respect to the planning, development or
3 regulation of water resources within a basin in Pennsylvania,
4 created by interstate compact or Federal-interstate compact.
5 "Confidential information."
6 (1) Records, reports or information, or a particular
7 portion thereof, that if made public would:
8 (i) divulge production or sales figures or methods,
9 processes or production unique to a person;
10 (ii) otherwise tend to affect adversely the
11 competitive position of a person by revealing trade
12 secrets, including intellectual property rights; or
13 (iii) present threats to the safety and security of
14 water supplies, including information concerning public
15 water supply agency vulnerability assessments.
16 (2) The term does not include any of the following:
17 (i) Information identifying the general source of
18 water used by a facility.
19 (ii) Information reporting the total amount of water
20 withdrawn by a facility or the total amount of water used
21 for consumptive uses or nonconsumptive uses by a
22 facility.
23 "Conservation district." A county declared to be a
24 conservation district by a resolution of its board of county
25 commissioners.
26 "Consumptive use." The loss of water from a groundwater or
27 surface water source through a manmade conveyance system,
28 including such water that is purveyed through a public water
29 supply system, due to transpiration by vegetation, incorporation
30 into products during their manufacture, evaporation, diversion
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1 out of a basin, or any other process to the extent that the
2 water withdrawn is not returned to the waters of a basin. Deep
3 well injection shall not be considered a return of waters to a
4 basin.
5 "Critical area resource plan." A plan developed under
6 section 302(d) for any watershed or watersheds within a critical
7 water planning area.
8 "Critical water planning area." An area identified under
9 section 302(a)(6) or 302(d)(1).
10 "Deep well injection." Injection of waste or wastewater
11 substantially below aquifers containing fresh water.
12 "Department." The Department of Environmental Protection of
13 the Commonwealth.
14 "Domestic use." The use of water for personal needs and
15 ordinary household purposes.
16 "Environmental Hearing Board." The board established under
17 the act of July 13, 1988 (P.L.530, No.94), known as the
18 Environmental Hearing Board Act.
19 "Environmental Quality Board." The board established under
20 section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
21 known as The Administrative Code of 1929.
22 "Groundwater." Water beneath the surface of the ground
23 within a zone of saturation, whether or not flowing through
24 known and definite channels or percolating through underground
25 geologic formations, and regardless of whether the result of
26 natural or artificial recharge. The term includes water
27 contained in aquifers, artesian and nonartesian basins,
28 underground watercourses and other bodies of water below the
29 surface of the earth.
30 "Hydrologic unit." A unit of surface water or groundwaters,
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1 or both, which are interconnected and hydrologically related.
2 The term includes a surface watershed or basin, groundwater
3 basin, aquifer or aquifer system.
4 "Municipalities Planning Code." The act of July 31, 1968
5 (P.L.805, No.247), known as the Pennsylvania Municipalities
6 Planning Code.
7 "Municipality." Any county, city, borough, town, township or
8 home rule municipality or any agency or authority created by any
9 one or more of the foregoing.
10 "Nonconsumptive use." A use of water withdrawn from water
11 resources of this Commonwealth in such manner that it is
12 returned to its basin of origin. Where only a portion of the
13 water withdrawn is returned to the basin of origin, that portion
14 which is returned is a nonconsumptive use; and the portion of
15 water withdrawn which is not returned to the basin of origin is
16 a consumptive use.
17 "Nonwithdrawal use." The functions of or activities in water
18 that is not withdrawn from a water resource, including, but not
19 limited to, navigation, instream hydropower production,
20 recreation, fish and wildlife habitat and the aquatic
21 environment.
22 "Person." An individual, partnership, association, company,
23 corporation, municipality, municipal authority, Federal or
24 Commonwealth administrative agency or an entity which is
25 recognized by law as the subject of rights and obligations. The
26 term shall include the officers, employees and agents of any
27 legal entity.
28 "Public water supply agency." A community water system as
29 defined by the act of May 1, 1984 (P.L.206, No.43), known as the
30 Pennsylvania Safe Drinking Water Act, or any person subject to
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1 the act of June 24, 1939 (P.L.842, No.365), referred to as the
2 Water Rights Law.
3 "Reasonable and beneficial use." The use of water for a
4 useful and productive purpose, which is reasonable considering
5 the rights of other users and consistent with the public
6 interest, in a quantity and manner as is necessary for efficient
7 utilization. The term includes withdrawal and nonwithdrawal
8 uses.
9 "Region." One of the six regions established in section 303.
10 "Regional committee." A regional water resources committee.
11 "Safe Drinking Water Act." The act of May 1, 1984 (P.L.206,
12 No.43), known as the Pennsylvania Safe Drinking Water Act.
13 "Safe yield." For purposes of the State water plan, the
14 amount of water that can be withdrawn from a water resource over
15 a period of time without impairing the long-term utility of a
16 water resource such as dewatering of an aquifer; impairing the
17 long-term water quality of a water resource; inducing a health
18 threat; or causing irreparable or unmitigated impact upon
19 reasonable and beneficial uses of the water resource. Safe yield
20 of a particular water source is primarily to be determined based
21 upon the predictable rate of natural and artificial
22 replenishment of the water source over a reasonable period of
23 time.
24 "Secretary." The Secretary of Environmental Protection of
25 the Commonwealth.
26 "State water plan." The plan adopted under section 305.
27 Prior to adoption of the State water plan in accordance with
28 section 305, the term shall mean the State water plan previously
29 adopted and published in accordance with section 1904-A of the
30 act of April 9, 1929 (P.L.177, No.175), known as The
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1 Administrative Code of 1929.
2 "Statewide committee." The Statewide Water Resources
3 Committee.
4 "Surface water." Water on the surface of the earth,
5 including water in a perennial or intermittent watercourse,
6 lake, reservoir, pond, spring, wetland, estuary, swamp or marsh,
7 or diffused surface water, whether such body of water is natural
8 or artificial. The term does not include recirculated process
9 water or wastewater stored in an off-stream impoundment, pond,
10 tank or other device unless such water or wastewater is
11 withdrawn and used by a person other than the person who
12 initially withdrew the water from a water resource or obtained
13 such water from a public water supply agency.
14 "Water availability evaluation." An assessment of available
15 safe yield of water in an area, both groundwater and surface
16 water, including natural recharge capability, and an estimate of
17 the present reasonable and beneficial uses and of the reasonable
18 and beneficial uses for 20 years ahead, by various categories,
19 such as in-stream, agricultural, domestic, energy development
20 and production, industrial and recreational uses.
21 "Water conservation practices and measures." Those practices
22 and measures which are technically feasible and economically
23 practicable and which are designed to accomplish any of the
24 following:
25 (1) Reduce the demand for water.
26 (2) Improve efficiency in water use and reduce leakage,
27 losses and waste of water.
28 (3) Improve reuse and recycling of water.
29 (4) Improve land management practices to conserve water
30 or to preserve or increase groundwater recharge.
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1 "Watercourse." A distinct natural or artificial body of
2 water flowing perennially or intermittently in a defined channel
3 with bed and banks. The term includes a river, creek, stream,
4 slough or canal.
5 "Water resource." Surface water or groundwater, within or on
6 the boundaries of this Commonwealth.
7 "Water resources emergency." A drought or other water
8 resource shortage declared by proclamation of the Governor that
9 would result in a substantial and immediate shortage of
10 available water supply in a region and that would be of
11 sufficient severity and magnitude to warrant coordinated action
12 to prevent or alleviate damage to property, human suffering,
13 hardship or threats to health, safety, welfare and fish and
14 wildlife habitat.
15 "Water Rights Law." The act of June 24, 1939 (P.L.842,
16 No.365), referred to as the Water Rights Law.
17 "Watershed." The drainage area of a watercourse of a minimum
18 drainage area determined in accordance with guidelines developed
19 pursuant to section 305(a)(2).
20 "Withdrawal." The removal or taking of water from any water
21 resource, whether or not returned to the water resource.
22 "Withdrawal use." Any use of water which is withdrawn,
23 including, but not limited to, domestic, municipal, public,
24 commercial, industrial, energy development and production and
25 agricultural water supply. The term includes the use of water
26 transferred through interconnections but shall not include
27 transfer of water within a system operated by the same public
28 water supply agency.
29 Section 103. Intergovernmental cooperation and coordination.
30 The Statewide committee, the regional committees and the
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1 department shall cooperate and coordinate with appropriate
2 Compact Basin Commissions and Federal, interstate, State and
3 political subdivisions, municipalities, public water supply
4 agencies and other agencies for efficient planning for the
5 maintenance and enhancement of the water resources of this
6 Commonwealth.
7 Section 104. Administrative agreements with other agencies.
8 In consultation with the Statewide committee, the department
9 shall, to the extent practicable, enter into administrative
10 agreements with appropriate compact basin commissions and
11 Federal, State, interstate, municipal and other agencies for the
12 following purposes:
13 (1) To avoid unnecessary duplication of staff functions
14 and facilitate coordinated review of projects and actions
15 within the jurisdiction of such agencies.
16 (2) To provide a coordinated system for registration of
17 significant water uses and the coordinated collection and
18 maintenance of data regarding water resources.
19 (3) To provide for coordinated inspection, monitoring
20 and enforcement of applicable statutes and regulations,
21 provided that nothing in this section shall be deemed to
22 confer enforcement authority on the Statewide committee.
23 (4) To accept delegations of authority from or obtain
24 the services and assistance of a Compact Basin Commission or
25 Federal or interstate agency concerning planning for the
26 maintenance and enhancement of water resources. Nothing in
27 this paragraph shall be construed to authorize a delegation
28 to the Statewide committee or the department of any power to
29 regulate, control or require permits for the withdrawal or
30 use of water.
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1 (5) To ensure coordinated and effective responses to
2 water resources emergencies in conjunction with the
3 Pennsylvania Emergency Management Agency and the Compact
4 Basin Commissions.
5 CHAPTER 3
6 WATER RESOURCES PLANNING
7 Section 301. State water plan.
8 (a) Preparation and adoption.--In accordance with this act
9 and with ongoing consultation with the Statewide committee and
10 the department, each regional committee shall guide the
11 development of and recommend to the Statewide committee a
12 regional plan component for review, approval and incorporation
13 into the State water plan. The Statewide committee shall guide
14 the development of, approve and recommend to the secretary
15 approval and adoption of the State water plan. The department
16 shall draft and develop the State water plan, including regional
17 plan components. The State water plan shall be completed and
18 adopted within five years of the effective date of this act.
19 (b) Matters considered.--The State water plan shall reflect
20 the matters set forth in section 302. The level of detail within
21 the State water plan and each regional plan may vary among
22 watersheds and other hydrologic units. In consultation with the
23 regional committee and the Statewide committee, the department
24 shall establish with the approval of the Statewide committee
25 priorities and guidelines for the level of detail appropriate
26 for different areas, considering among other factors the current
27 or projected future water demands in comparison to the safe
28 yield of available water resources in the area.
29 (c) Limitation of authority.--Nothing contained in this act
30 shall be construed to authorize, expand or diminish the existing
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1 authority of the department, including the Environmental Quality
2 Board, to regulate, control or require permits for the
3 withdrawal or use of water.
4 Section 302. Plan contents.
5 (a) General rule.--The State water plan and regional plan
6 shall include:
7 (1) An inventory of the surface water resources of each
8 region of this Commonwealth, including an identification of
9 the boundaries of significant watersheds and an estimate of
10 the safe yield of such sources for withdrawal and
11 nonwithdrawal uses during periods of normal conditions and
12 drought.
13 (2) An inventory of the groundwater resources of each
14 region of this Commonwealth, including an identification of
15 aquifers and groundwater basins and an assessment of their
16 safe yield, prime recharge areas, recharge capacity,
17 withdrawal limits and relationship to stream base flows.
18 (3) An assessment and projection of existing and future
19 nonwithdrawal use needs and the values of watercourses
20 included within this Commonwealth or Federal wild and scenic
21 river systems.
22 (4) An assessment and projection of existing and future
23 withdrawal use demands.
24 (5) An identification of potential problems with water
25 availability or conflicts among water uses and users.
26 (6) An identification of critical water planning areas
27 comprising any significant hydrologic unit where existing or
28 future demands exceed or threaten to exceed the safe yield of
29 available water resources.
30 (7) An assessment of the current and future capabilities
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1 of public water supply agencies to provide an adequate
2 quantity and quality of water to their service areas.
3 (8) An assessment of floodplain and storm water
4 management problems.
5 (9) An assessment of navigation needs and the means for
6 restoration, development and improvement of transportation by
7 water.
8 (10) An assessment of the water resources required to
9 serve areas with important or unique natural, scenic,
10 environmental or recreational values of national, regional,
11 local or Statewide significance, including national and State
12 parks; designated wild, scenic and recreational rivers;
13 national and State wildlife refuges; and the habitats of
14 Federal and State endangered or threatened species.
15 (11) A process for identifying projects and practices
16 that are being or have been implemented by water users that
17 reduce the amount of water withdrawal or consumptive use,
18 improve efficiency in water use, provide for reuse and
19 recycling of water, increase the supply or storage of water
20 or preserve or increase groundwater recharge and a
21 recommended process for providing appropriate positive
22 recognition of such projects or practices in actions,
23 programs, policies, projects or management activities
24 recommended under paragraph (16).
25 (12) An identification of practical alternatives for an
26 adequate supply of water to satisfy existing and future
27 reasonable and beneficial uses, including improved storage,
28 groundwater recharge and surface water/groundwater
29 conjunctive management programs.
30 (13) An assessment of both structural and nonstructural
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1 alternatives to address identified water availability
2 problems, adverse impacts on water uses or conflicts between
3 water users, including potential actions to develop
4 additional or alternative supplies, conservation measures and
5 management techniques.
6 (14) A review and evaluation of statutes, regulations,
7 policies and institutional arrangements for the development,
8 conservation, distribution and emergency management of water
9 resources.
10 (15) A review and evaluation of water resources
11 management alternatives and recommended programs, policies,
12 institutional arrangements, projects and other provisions to
13 meet the water resources needs of each region and of this
14 Commonwealth.
15 (16) Proposed methods of implementing various
16 recommended actions, programs, policies, projects or
17 management activities.
18 (b) Considerations.--The State water plan and regional plans
19 shall consider:
20 (1) The interconnections and relationships between
21 groundwater and surface water as components of a single
22 hydrologic resource.
23 (2) Regional water resources needs, objectives and
24 priorities as identified and evaluated by the regional
25 committee.
26 (3) Federal, State and interstate water resources
27 policies, plans, objectives and priorities, including those
28 identified in statutes, regulations, compacts, interstate
29 agreements or comprehensive plans adopted by Federal and
30 State agencies and Compact Basin Commissions.
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1 (4) The needs and priorities reflected in comprehensive
2 plans and zoning ordinances where one of the following
3 conditions is satisfied:
4 (i) A county adopts a comprehensive plan in
5 accordance with section 301 or 302 of the Municipalities
6 Planning Code and municipalities in the county have
7 adopted comprehensive plans and zoning ordinances in
8 accordance with sections 301, 303(d) and 603(j) of the
9 Municipalities Planning Code.
10 (ii) Municipalities have adopted a county plan or a
11 multimunicipal plan under Article XI of the
12 Municipalities Planning Code and the participating
13 municipalities have conformed their local plans and
14 ordinances to the county or multimunicipal plan by
15 implementing cooperative agreements and adopting
16 appropriate resolutions and ordinances.
17 (iii) A county adopts a comprehensive plan in
18 accordance with section 301 or 302 of the Municipalities
19 Planning Code and either:
20 (A) the county has adopted and is administering,
21 in lieu of municipalities in the county, a county
22 comprehensive plan and county zoning ordinance in
23 accordance with sections 301, 303(d) and 603(j) of
24 the Municipalities Planning Code; or
25 (B) the county has adopted a county
26 comprehensive plan in accordance with section 301 or
27 302 of the Municipalities Planning Code which is in
28 effect, in lieu of comprehensive plans adopted by
29 municipalities in the county, and municipalities in
30 the county have adopted zoning ordinances generally
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1 consistent with such county comprehensive plan in
2 accordance with sections 303(d) and 603(j) of the
3 Municipalities Planning Code.
4 (5) The water quantity and quality necessary to support
5 reasonable and beneficial uses.
6 (6) A balancing and encouragement of multiple uses of
7 water resources, recognizing that all water resources of this
8 Commonwealth are capable of serving multiple uses and human
9 needs, including multiple uses of water resources for
10 reasonable and beneficial uses.
11 (7) The distinctions between short-term and long-term
12 conditions, impacts, needs and solutions to ensure
13 appropriate and cost-effective responses to water resources
14 issues.
15 (8) The benefits and costs and social and environmental
16 impacts of alternative policies, programs, projects and
17 actions.
18 (9) Application of the principle of equal and uniform
19 treatment of all water users that are similarly situated and
20 all users of related facilities, without regard to
21 established political boundaries.
22 (c) Balancing of considerations.--In approving, recommending
23 and adopting the State water plan, the Statewide committee and
24 secretary shall provide serious and deliberative consideration
25 to regional priorities, objectives and recommendations expressed
26 by the regional committees, reconcile differences or conflicts
27 among regional plans and assure that the regional plans and
28 State water plan adequately consider and reflect Federal, State
29 and Compact Basin Commission policies, plans, objectives and
30 priorities of national, Statewide or interstate importance.
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1 (d) Designation of critical water planning areas and
2 preparation and approval of critical area resource plans.--
3 (1) Critical water planning areas shall be identified as
4 provided under section 302(a)(6). A regional committee may,
5 in advance of the formal adoption of a regional plan or the
6 State water plan and if justified by evidence developed in
7 the planning process, recommend the designation of a critical
8 water planning area. Upon such recommendation, the Statewide
9 committee and secretary may designate the area for the
10 development of a critical area resource plan for any
11 watershed or watersheds within a critical water planning area
12 pursuant to this subsection.
13 (2) In preparing a critical area resource plan for a
14 critical water planning area, the regional committee shall
15 establish a critical area advisory committee. This committee
16 shall be composed of persons representative of appropriate
17 governmental agencies, agricultural, public water supply,
18 industrial and other water users in the area, conservation
19 and environmental organizations, and other persons who have
20 knowledge of, background in or an understanding of water
21 resources planning and management. The critical area advisory
22 committee shall evaluate policy, program and management
23 alternatives and advise the regional committee and department
24 throughout the critical water area planning process.
25 (3) For each critical water planning area identified and
26 designated under this subsection or section 302(a)(6), the
27 regional committee shall, in consultation with a critical
28 area advisory committee, guide the development of and
29 recommend to the Statewide committee and secretary and the
30 department shall draft a critical area resource plan. The
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1 regional committee may recommend to the department the
2 engagement of county or regional agencies or expert
3 consulting firms to assist in the process of preparing such a
4 plan.
5 (4) A critical area resource plan shall be subject to
6 review and adoption through the same process as a regional
7 plan as provided in this section and section 305. Prior to
8 final recommendation by the regional committee to the
9 Statewide committee, a copy of the proposed critical area
10 resource plan shall be submitted to the official planning
11 agency and governing body of each municipality in the
12 designated critical water planning area, the appropriate
13 county planning agency and regional planning agencies for
14 review and comment as to consistency with other plans and
15 programs affecting the special area, and each such agency and
16 governing body shall be provided 45 days to provide comments.
17 (5) The critical area resource plans shall include:
18 (i) An identification of existing and future
19 reasonable and beneficial uses.
20 (ii) A water availability evaluation, including a
21 quantitative assessment of the available water resources
22 and their relationship to the existing and future
23 reasonable and beneficial uses.
24 (iii) An identification of the quantity of water
25 available for new or increased uses of water in the
26 forseeable future, and an identification of quantities
27 required for future water uses associated with planned
28 projects or developments.
29 (iv) An assessment of water quality issues that have
30 a direct and substantial effect on water resource
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1 availability.
2 (v) A consideration of storm water and floodplain
3 management within the critical water planning area and
4 their impacts on water quality and quantity.
5 (vi) Identification of existing and potential
6 adverse impacts on uses or conflicts among users or areas
7 of the critical water planning area and identification of
8 alternatives for avoiding or resolving such conflicts.
9 (vii) An identification of practicable supply-side
10 and demand-side alternatives for assuring an adequate
11 supply of water to satisfy existing and future reasonable
12 and beneficial uses.
13 (6) Critical area resource plans shall be construed as a
14 component of the State water plan and may be implemented
15 voluntarily.
16 Section 303. Regional committees.
17 (a) Creation.--There is created within the department a
18 regional committee for each of the following regions in this
19 Commonwealth:
20 (1) The watershed drainage area of the Delaware River
21 and its tributaries.
22 (2) The watershed drainage area of the West Branch
23 Susquehanna River subbasin and the upper Susquehanna, middle
24 Susquehanna and Chemung subbasins and their tributaries.
25 (3) The watershed drainage area of the Juniata River and
26 lower Susquehanna River and its tributaries below Sunbury,
27 and Gunpowder, Northeast and Elk Creek Watersheds draining to
28 the Chesapeake Bay.
29 (4) The watershed drainage area of the Ohio River and
30 its tributaries.
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1 (5) The watershed drainage area of Lake Erie and the
2 Genesee River.
3 (6) The watershed drainage area of the Potomac River and
4 its tributaries.
5 Each regional committee shall be subject to the provisions
6 applicable generally to boards and commissions identified in
7 section 203 of the act of April 9, 1929 (P.L.177, No.175), known
8 as The Administrative Code of 1929.
9 (b) Membership.--
10 (1) Each regional committee shall be composed of:
11 (i) Four members with a knowledge, background or
12 understanding of water resources planning and management
13 who are county conservation district or planning
14 commission directors or, where a county conservation
15 district does not cover a portion of a region, who are
16 representatives of the governing body of the county or
17 city of the first class, as appropriate, and shall
18 represent a geographic cross-section of the region. At
19 least two county conservation district directors shall be
20 appointed to each regional committee. Such members shall
21 be appointed by the Governor from recommendations made
22 separately by the governing bodies of each county or city
23 of the first class, which is in whole or in part within
24 the region.
25 (ii) Seventeen members appointed by the Governor
26 from recommendations made separately by Statewide and
27 regional organizations representing such interests, whose
28 residence or place of business is within the region and
29 who meet the following criteria:
30 (A) Two members shall be representative of
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1 agriculture, one from production agriculture and one
2 from horticulture.
3 (B) One member shall be an officer or employee
4 of a public water supply agency providing residential
5 service within the region.
6 (C) One member shall be an officer or employee
7 of a public wastewater agency providing service
8 within the region.
9 (D) Three members shall represent significant
10 industrial and commercial enterprises, energy
11 development and production interests.
12 (E) Three members shall represent environmental
13 and conservation interests.
14 (F) Four members with education and experience
15 in professions relating to water resources
16 management, including engineering, hydrology,
17 geology, planning, law and economics, one of whom
18 shall be a registered professional geologist.
19 (G) Three members representing local governments
20 other than counties.
21 The members appointed under this subparagraph shall
22 represent a cross-section of the region, considering the
23 distribution of population within each region.
24 (iii) One member, appointed by the secretary, who is
25 a department employee. This member shall advise the
26 regional committee without voting on any matter before
27 the regional committee.
28 (iv) Where a Compact Basin Commission exists with
29 jurisdiction over all or a portion of the region, a
30 representative of such Compact Basin Commission shall be
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1 invited to serve as an ex officio voting member of the
2 regional committee.
3 (2) Members shall be appointed no later than 180 days
4 after the effective date of this act.
5 (3) A member shall be appointed for a term of three
6 years. Of the members first appointed by the Governor under
7 paragraph (1)(i) and (ii), five members shall serve for terms
8 of one year, five members shall serve for terms of two years
9 and five members shall serve for terms of three years.
10 (4) Vacancies shall be filled for the remainder of an
11 unexpired term in the same manner as original appointments. A
12 member, upon expiration of the term, shall continue to hold
13 office until a successor is appointed.
14 (5) A majority of the membership of a regional committee
15 shall constitute a quorum for the transaction of regional
16 committee business. Action may be taken on a matter before
17 the regional committee by a majority vote of the full
18 membership of the regional committee.
19 (6) Members of a regional committee shall serve without
20 compensation but may be reimbursed from funds appropriated
21 for such purposes for necessary and reasonable travel and
22 other expenses incurred during the performance of their
23 duties.
24 (7) A chairperson shall be elected annually by a
25 majority vote of the full membership of the regional
26 committee.
27 (c) Powers and duties.--A regional committee has the
28 following powers and duties:
29 (1) Guide the development of and recommend to the
30 Statewide committee the regional plan component for review
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1 and incorporation into the State water plan.
2 (2) Consult with, advise and make recommendations to the
3 department and the Statewide committee prior to and
4 throughout the process of preparing the regional plan
5 component of the State water plan and amendments to the
6 regional plan component of the State water plan.
7 (3) Advise the Statewide committee and the department
8 regarding the engagement and selection of consultants or
9 experts to assist in the preparation of the regional
10 component of the State water plan.
11 (4) Recommend to the Statewide committee and the
12 department the identification of critical water planning
13 areas.
14 (5) Utilize an open process, including public notice and
15 at least one combined public meeting and hearing, to solicit
16 comments from interested persons on water resources planning
17 issues related to the preparation of the regional component
18 of the State water plan.
19 (6) Meet as necessary to accomplish the purposes of this
20 act.
21 (7) Adopt bylaws and procedures for conducting business.
22 Section 304. Statewide Water Resources Committee.
23 (a) Establishment.--There is established within the
24 department the Statewide Water Resources Committee. The purpose
25 of the committee is to coordinate the development of the State
26 water plan, recommend policies and guidelines for and oversee
27 the development of the State water plan, and in continuing
28 consultation and collaboration with the regional committees and
29 the department and with the full opportunity for public review
30 and comment, approve and recommend to the secretary approval and
20020H2989B4622 - 22 -
1 adoption of the State water plan. The Statewide committee shall
2 be subject to the provisions applicable generally to boards and
3 commissions identified in section 203 of the act of April 9,
4 1929 (P.L.177, No.175), known as The Administrative Code of
5 1929.
6 (b) Membership.--
7 (1) The Statewide committee shall be composed of members
8 selected as set forth in this subsection.
9 (2) Eighteen members shall be appointed as follows:
10 (i) Six members shall be representatives of the
11 regional committees, appointed as provided in this
12 paragraph. The Majority Leader of the Senate and Majority
13 Leader of the House of Representatives shall each appoint
14 two members from among the members of the regional
15 committees. The Minority Leader of the Senate and the
16 Minority Leader of the House of Representatives shall
17 each appoint one member from among the members of the
18 regional committees. Each regional committee shall
19 nominate from among their members individuals to be
20 considered for appointment under this paragraph, and no
21 more than one member from each regional committee shall
22 be appointed under this paragraph.
23 (ii) The Governor shall appoint six members,
24 representing a cross section of water user interests,
25 including agriculture, conservation districts, industrial
26 and commercial enterprises, mining, energy development
27 and production and public water supply. The Governor
28 shall seek suggestions and recommendations for Statewide
29 committee membership from representative organizations.
30 (iii) The Governor shall appoint six members
20020H2989B4622 - 23 -
1 representing local government, environmental and
2 conservation interests and professions relating to water
3 resources management. The Governor shall seek suggestions
4 and recommendations for Statewide committee membership
5 from representative organizations.
6 (3) The Secretary of Environmental Protection, Secretary
7 of Agriculture, Secretary of Conservation and Natural
8 Resources, Executive Director of the Pennsylvania Fish and
9 Boat Commission, Chairman of the Pennsylvania Public Utility
10 Commission and Executive Director of the Pennsylvania
11 Emergency Management Agency or their designees shall be ex
12 officio voting members of the Statewide committee. The
13 Secretary of Community and Economic Development and the
14 Executive Director of the Governor's Center for Local
15 Government Services or their designees and a representative
16 of each Compact Basin Commission shall be invited to serve as
17 ex officio nonvoting members of the Statewide committee.
18 (4) Members shall be appointed no later than 180 days
19 after the effective date of this act.
20 (5) A member shall be appointed for a term of four
21 years. Of the initial members appointed by the Governor:
22 (i) Six members shall serve initial terms of two
23 years.
24 (ii) Six members shall serve initial terms of four
25 years.
26 (iii) After such initial terms, individuals
27 appointed by the Governor shall serve for a term of four
28 years.
29 (6) Members must, as a result of educational background,
30 training or experience, have an understanding of water
20020H2989B4622 - 24 -
1 resources planning and management issues.
2 (7) The chairperson of the Statewide committee shall be
3 elected by a majority vote of the full membership of the
4 committee.
5 (8) Vacancies shall be filled for the remainder of an
6 unexpired term in the same manner as original appointments. A
7 member, upon expiration of the term, shall continue to hold
8 office until a successor is appointed.
9 (9) A majority of the membership of the Statewide
10 committee shall constitute a quorum for the transaction of
11 business. Action may be taken on a matter before the
12 committee by a majority vote of the full membership of the
13 committee.
14 (10) Members of the Statewide committee shall serve
15 without compensation but may be reimbursed from funds
16 appropriated for such purposes for necessary and reasonable
17 travel and other expenses incurred during the performance of
18 their duties.
19 (c) Powers and duties.--The Statewide committee shall:
20 (1) Recommend to the secretary the approval and adoption
21 of the State water plan, including regional plan components,
22 following consultation with the regional committees, the
23 department, Compact Basin Commission and other appropriate
24 agencies and after the public comment and hearing process
25 specified in section 305(b).
26 (2) Assist the department, in cooperation with regional
27 committees, with the development of a public participation
28 process to encourage the input from persons interested in
29 water resources issues throughout the process of developing
30 and formulating regional plan components and the State water
20020H2989B4622 - 25 -
1 plan.
2 (3) Recommend approval by the secretary of policies and
3 guidelines for the preparation and development of regional
4 plans and the State water plan, in order to assure
5 consistency in the methods used to carry out the assessments
6 and inventories required under section 302.
7 (4) Review and comment upon regulations and policies
8 proposed by the department under this act. In furtherance of
9 this responsibility, the Statewide committee shall be given a
10 reasonable opportunity to review and comment on regulations
11 promulgated under this act affecting water resources prior to
12 the submission to the Environmental Quality Board for both
13 initial and final consideration. The written report of the
14 Statewide committee shall be presented to the Environmental
15 Quality Board with any regulatory proposal under this act.
16 The chairperson of the Statewide committee shall be invited
17 to participate in the presentation of all regulations
18 promulgated under this act affecting water resources before
19 the Environmental Quality Board.
20 (5) Carry out the duties and responsibilities assigned
21 to the Statewide committee under this act or other applicable
22 statutes.
23 Section 305. Development, adoption, amendment and periodic
24 review of State water plan.
25 (a) Preparation of State water plan.--
26 (1) A State water plan shall be developed and adopted in
27 accordance with this section within five years of the
28 effective date of this act. After the initial adoption of a
29 State water plan, the plan shall be amended and updated every
30 five years.
20020H2989B4622 - 26 -
1 (2) The department, in consultation with the Statewide
2 committee, shall develop policies and guidelines for:
3 (i) Preparing or amending the regional plan
4 components and the State water plan.
5 (ii) Ensuring public participation in the
6 development or amendment of the State water plan.
7 (iii) Identifying critical water planning areas.
8 (iv) Developing critical area resources plans.
9 Policies and guidelines shall be adopted only upon approval
10 by both the Statewide committee and the secretary.
11 (3) All meetings, hearings and public review under this
12 act shall be in accordance with the provisions of 65 Pa.C.S.
13 Ch. 7 (relating to open meetings) and any regulations
14 promulgated thereunder.
15 (b) Development of the State water plan.--
16 (1) Each regional committee shall:
17 (i) Hold at least one combined public meeting and
18 hearing within its region to solicit input on water
19 resources management and water resources planning within
20 the region.
21 (ii) Make recommendations to the department and the
22 Statewide committee on the development or amendment of
23 the State water plan.
24 (iii) Make recommendations on the identification of
25 critical water planning areas within the region.
26 (2) Based upon the recommendations and guidance of the
27 regional committees and consistent with the policies and
28 guidelines established under section 305(a)(2), the
29 department, in consultation with the Statewide committee,
30 shall prepare drafts of the initial regional plan components
20020H2989B4622 - 27 -
1 to be used in the development or amendment of the State water
2 plan. The department may also utilize other available
3 resources to assist with the preparation of the drafts.
4 (3) The department, in conjunction with the Statewide
5 committee and the regional committee, shall hold at least one
6 combined public meeting and hearing in each region to solicit
7 input on the drafts of the initial regional plan components
8 to be used in the development or amendment of the State water
9 plan.
10 (4) Following public participation and the combined
11 public meeting and hearing required under paragraph (3), each
12 regional committee shall select, by a majority vote, the
13 planning alternatives and provisions to be recommended as
14 part of the regional plan component of the State water plan.
15 Each regional committee shall recommend, by a majority vote,
16 the regional plan component to the Statewide committee. Each
17 regional committee shall provide to another regional
18 committee any proposed regional plan component recommendation
19 that may affect any other region for review and comment prior
20 to recommendation of the regional plan component to the
21 Statewide committee.
22 (5) With consideration of the regional plan components
23 developed under paragraphs (1) through (4), and consistent
24 with the policies and guidelines established under section
25 305(a)(2), the department, in ongoing consultation with the
26 Statewide committee, shall prepare a draft of the State water
27 plan or amendments to the State water plan. The department,
28 in conjunction with the Statewide committee, shall make the
29 draft of the State water plan available for public review to
30 solicit input on the draft of the State water plan or
20020H2989B4622 - 28 -
1 amendments to the State water plan.
2 (c) Adoption of regional plan components and State water
3 plan.--Regional plans and the State water plan shall be
4 recommended and adopted in accordance with the following
5 procedures:
6 (1) Each regional committee shall, by a majority vote,
7 recommend the regional plan components to the Statewide
8 committee as provided in subsection (b).
9 (2) If a regional committee fails to comply with the
10 obligations set forth in this act, the Statewide committee
11 shall, after providing 90 days written notice to the regional
12 committee, propose, approve and recommend the regional plan
13 components for that region.
14 (3) The Statewide committee or the secretary may direct
15 modification of a new or previously approved regional plan,
16 in whole or in part, upon finding one of the following:
17 (i) Recommended planning or management alternatives
18 or provisions of two or more regional plans are
19 inconsistent, or two or more regional planning committees
20 are unable to agree on an alternative or provision
21 affecting their respective regions.
22 (ii) A recommended planning or management
23 alternative or provision is inconsistent with:
24 (A) this act;
25 (B) Federal or State statutes, regulations or
26 officially adopted policies or plans; or
27 (C) compacts or other interstate agreements and
28 plans.
29 (iii) A regional plan component is inconsistent with
30 or conflicts with the provisions or objectives of the
20020H2989B4622 - 29 -
1 overall State water plan.
2 (iv) The recommended regional plan component fails
3 to conform to section 302 or the requirements established
4 by policies adopted pursuant to section 305(a)(2).
5 (4) Following consultation with the regional committees,
6 the Statewide committee shall approve and recommend to the
7 secretary approval and adoption of regional plan components
8 and the State water plan, subject to the following
9 procedures:
10 (i) Within 90 days of submission of a regional plan,
11 the secretary shall in writing either approve the
12 regional plan or disapprove the regional plan if the
13 secretary finds that the regional plan fails to meet any
14 of the criteria set forth in section 305(c)(3)(i) through
15 (iv).
16 (ii) Within 90 days of submission of the State water
17 plan, the secretary shall in writing either approve the
18 State water plan or disapprove the plan if the secretary
19 finds that the State water plan fails to conform to the
20 requirements of section 302 or the policies adopted
21 pursuant to section 305(a)(2).
22 (iii) Upon disapproval of a regional plan or State
23 water plan, the secretary shall advise the Statewide
24 committee and affected regional committee in writing of
25 the reasons for such disapproval.
26 (iv) Upon receipt of any notice of disapproval, the
27 Statewide committee, any affected regional committee and
28 the department shall undertake expeditious and diligent
29 efforts to confer and resolve the issues identified as
30 the reasons for disapproval. Within 90 days of receipt of
20020H2989B4622 - 30 -
1 any disapproval notice, the Statewide committee shall
2 recommend a revised plan which addresses and resolves the
3 issues.
4 (5) Final adoption of each regional plan component and
5 the State water plan shall occur only upon the approval and
6 recommendation by the Statewide committee to the secretary
7 for the approval and adoption of the State water plan and
8 subsequent adoption by the secretary.
9 (6) Upon adoption of the State water plan, the
10 department shall publish notice of the adoption or amendment
11 of the State water plan in the Pennsylvania Bulletin and on
12 the department's World Wide Web site.
13 (d) Periodic review.--The Statewide committee and the
14 department shall, at least once every five years and after
15 consultation with the regional committees, review the State
16 water plan to determine whether it reflects the objectives,
17 policies and purposes of this act. This determination, including
18 recommendations for revisions to regional plans, shall be set
19 forth in writing.
20 (e) Plan amendment.--The State water plan may be amended in
21 accordance with the requirements of this section.
22 Section 306. Use of plan.
23 (a) General use of plan.--The State water plan is intended
24 to serve as a policy and guidance document, providing
25 information, objectives, priorities and recommendations to be
26 considered and weighed in a broad range of State, local and
27 private decisions. The State water plan is not intended to
28 constitute or contain legally binding regulations, prohibitions
29 or prescriptions.
30 (b) Specific uses of plan.--Among other uses, it is intended
20020H2989B4622 - 31 -
1 that the State water plan will be used to:
2 (1) Identify and prioritize water resource and water
3 supply development projects to be carried out by private
4 organizations or government agencies.
5 (2) Provide information to public and private decision
6 makers regarding water availability to help guide efficient
7 investment and economic development.
8 (3) Identify opportunities for improving operation of
9 this Commonwealth's existing water resources infrastructure.
10 (4) Guide the development and implementation of policies
11 and programs by State agencies that will reduce the risk of
12 flooding, water shortages from drought and conflicts between
13 water users or uses.
14 (5) Guide policies on activities that directly and
15 significantly affect the quantity and quality of water
16 available with the objective of balancing and encouraging
17 multiple uses of water resources.
18 (6) Educate public officials and the public at large
19 regarding the sources and uses of water in this Commonwealth.
20 Section 307. Statewide data system.
21 (a) General rule.--In cooperation with the Compact Basin
22 Commissions and Federal, State and regional agencies with
23 responsibilities relating to water resources management, the
24 department shall establish and maintain a Statewide system to
25 gather, process and distribute information on the availability,
26 distribution, quality and use of water resources of this
27 Commonwealth.
28 (b) Other commissions and agencies.--The department shall
29 invite interested Compact Basin Commissions and Federal, State
30 and regional agencies with responsibilities relating to water
20020H2989B4622 - 32 -
1 resources management to join the Statewide data system and shall
2 cooperate with any such agency choosing to join the system.
3 (c) Fee.--Information gathered in the Statewide data system,
4 subject to protection provided to confidential business
5 information under section 309, shall be made available to any
6 person on payment of a reasonable fee, as established by the
7 department with the advice of the Statewide committee, to cover
8 the expenses of making such information available to that
9 person.
10 Section 308. Water use registration and reporting.
11 (a) Interim registration program.--Pending the adoption of
12 regulations for registration and reporting under subsection (b),
13 each public water supply agency and each hydropower facility,
14 irrespective of the amount of withdrawal, and each person whose
15 total withdrawal or withdrawal use from one or more points of
16 withdrawal within a watershed operated as a system either
17 concurrently or sequentially exceeds an average rate of 10,000
18 gallons a day in a 30-day period shall register with the
19 department the source, location and amount of withdrawal or use
20 or both. Registrations shall be submitted not later than 12
21 months after the effective date of this act or 30 days following
22 the initiation of any such withdrawal or use, whichever is
23 later. Registrations shall be submitted on forms as prescribed
24 by the department.
25 (b) General rule; requirements for registration and
26 reporting.--In order to provide accurate information for water
27 resources planning, the department in consultation with the
28 Statewide committee shall recommend, and the Environmental
29 Quality Board shall adopt, regulations establishing requirements
30 for the registration, periodic reporting and recordkeeping of
20020H2989B4622 - 33 -
1 withdrawals in accordance with the following provisions:
2 (1) Each public water supply agency and each hydropower
3 facility, irrespective of the amount of withdrawal, and each
4 person whose total withdrawal or withdrawal use from one or
5 more points of withdrawal within a watershed operated as a
6 system either concurrently or sequentially exceeds an average
7 rate of 10,000 gallons a day in a 30-day period shall comply
8 with recordkeeping and periodic reporting requirements
9 established by regulation. Such regulations may require water
10 users subject to the registration requirements of this
11 section to monitor, maintain records and submit to the
12 department periodic reports regarding the source, location
13 and amount of withdrawals or uses or both from surface waters
14 and groundwaters, including the amount of consumptive and
15 nonconsumptive uses, the locations and amounts of any waters
16 returned and discharged and the amounts of water transferred
17 between public water supply agencies via interconnections.
18 Such regulations shall not require submission of periodic
19 reports more frequently than annually. Where alternative
20 methods exist to obtain a reasonably accurate evaluation of
21 withdrawals or withdrawal uses, consumptive or nonconsumptive
22 uses and return flows, such regulations shall allow for use
23 of the alternative methods to obtain a reasonable estimate or
24 indirect calculation of such in lieu of direct metering or
25 measurement. With respect to withdrawal uses, other than
26 public water supply agency withdrawals and hydropower
27 facilities, involving a withdrawal of less than 50,000
28 gallons per day in a 30-day period, the regulations shall
29 provide for the use of alternative methods to obtain a
30 reasonable estimate or indirect calculation of such in lieu
20020H2989B4622 - 34 -
1 of direct metering or measurement.
2 (2) The regulations may provide for the adjustment of or
3 variations in registration, recordkeeping or periodic
4 reporting requirements for identified classification of user
5 or volume of withdrawal if such requirements are not
6 necessary to obtain information required to adequately assess
7 water uses, monitor demands and otherwise prepare accurate
8 and complete regional and State water plans and, if
9 applicable, critical area resource plans.
10 (3) The regulations shall include a process under which
11 water users may document and register practices or projects
12 that they have implemented to reduce water withdrawals or
13 consumptive use, promote groundwater recharge or otherwise
14 conserve or enhance water supplies for consideration and use
15 in providing appropriate recognition and credit during the
16 implementation of existing or future water supply programs.
17 (4) To avoid duplication of efforts, regulations
18 implementing the periodic reporting requirements of this
19 subsection shall provide that the requirements may be
20 satisfied by the filing of discharge monitoring reports
21 prepared under the Clean Streams Law, water supply reports
22 prepared under the Safe Drinking Water Act, water withdrawal
23 and use reports prepared and submitted pursuant to
24 regulations adopted by the Delaware River Basin Commission
25 and Susquehanna River Basin Commission, or other reports
26 submitted under other applicable statutes and regulations, to
27 the extent that the reports provide the required information.
28 (5) Nothing in this section shall be construed to
29 authorize the department or the Environmental Quality Board
30 to require metering of homeowner wells.
20020H2989B4622 - 35 -
1 (6) Where a registered withdrawal is terminated or is
2 reduced to an amount which over a 12-month period is less
3 than the 30-day average threshold amounts requiring
4 registration, the person responsible for such withdrawal may
5 file a written notice with the department of such termination
6 and reduction. After filing such notice, the person shall be
7 relieved of further obligations relating to period reporting
8 under this section.
9 (7) Persons required to register and report water
10 withdrawals under this section shall keep records required by
11 regulation for a period of five years and make such records
12 available for inspection by the department upon request.
13 (8) Registration of a withdrawal shall not be construed
14 as a determination of a person's water rights or approval of
15 a withdrawal or use by any agency of the Commonwealth or by a
16 Compact Basin Commission.
17 (c) Confidentiality of information.--Information provided to
18 the department under this section shall be subject to the
19 provisions of section 309.
20 Section 309. Confidential information.
21 (a) General rule.--Except as provided in subsection (b),
22 information required to be submitted to the department under
23 this act shall be subject to the provisions of the act of June
24 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know
25 Law.
26 (b) Exception.--The department, the Statewide committee and
27 any regional committee shall not disclose confidential
28 information required to be submitted to the department under
29 this act unless:
30 (1) the confidential information is contained in a
20020H2989B4622 - 36 -
1 report in which the identity of the submitting person has
2 been removed and the confidential information is aggregated
3 by hydrologic unit or region; or
4 (2) the confidential information is disclosed to
5 employees, contractors, agents or authorized representatives
6 of the department, including the State and regional planning
7 committees for the purposes of this act.
8 (c) Confidential information submitted.--If a person submits
9 confidential information under this act, the person must
10 identify the information that is confidential information and
11 provide a justification for its confidential nature. The
12 department, Statewide committee or regional committees shall
13 hold the confidential information in a file separate from the
14 general records relating to the person.
15 Section 310. Water conservation.
16 (a) Technical assistance center.--The department shall
17 establish and maintain a water resources technical assistance
18 center to promote voluntary water conservation and to provide
19 technical assistance on water resources uses issues, including
20 methods for efficient water use, including reduction of
21 unaccounted for water loss and the replenishment and
22 conservation of water resources. The center shall:
23 (1) Establish a voluntary Statewide water conservation
24 program for all water users.
25 (2) Establish guidelines for the development of
26 voluntary water use reduction plans in critical water
27 planning areas.
28 (3) Establish voluntary water use reduction goals for
29 all water users.
30 (4) Identify water conservation principles, practices
20020H2989B4622 - 37 -
1 and technology to assist all water users in conserving water.
2 (5) Develop a water conservation educational program for
3 households, industry and other water users.
4 (6) Establish a Governor's Water Conservation Award to
5 recognize outstanding conservation of water.
6 (7) Develop a program to promote voluntary reduction of
7 unaccounted for water loss.
8 (8) Identify principles, practices and technologies to
9 encourage groundwater recharge.
10 (b) Grant approval.--When approving funding pursuant to the
11 act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania
12 Infrastructure Investment Authority Act, the Pennsylvania
13 Infrastructure Investment Authority shall give special
14 consideration to funding projects that:
15 (1) address unaccounted for water loss or that implement
16 water conservation practices by a public water supply agency
17 whose unaccounted for water loss rate exceeds 20%, provided
18 that as a condition for such assistance, the applicant shall
19 agree to attempt to recover the true cost of service from
20 ratepayers and adopt and implement a water system management
21 program that conforms to minimum standards established by the
22 department, the Pennsylvania Public Utility Commission or any
23 Compact Basin Commission for water metering, meter testing
24 and replacement, leak detection, unaccounted for water
25 tracking and reporting and conservation education; or
26 (2) provide for interconnection between water systems to
27 improve reliability.
28 Section 311. Grants.
29 (a) Authorization.--The department is authorized to provide
30 grants for the following purposes:
20020H2989B4622 - 38 -
1 (1) Reimbursement of up to 75% of the cost of preparing
2 a voluntary water use reduction plan under section 310(a)(2).
3 (2) Water resources education, technical assistance and
4 water conservation, including the promotion of voluntary
5 reduction of unaccounted for water loss, under section
6 310(a).
7 (b) Funding.--Grants shall be made from funds available for
8 this purpose.
9 CHAPTER 5
10 ADMINISTRATION AND ENFORCEMENT
11 Section 501. Administration.
12 (a) Use of funds.--The department shall use fees collected
13 from the use of the Statewide data system to defray the
14 reasonable costs of administering sections 307 and 308.
15 (b) Public records and confidentiality of information.--
16 Except as provided in section 309 or in another statute, reports
17 and other information obtained by the Statewide committee, a
18 regional committee or the department under this act shall be a
19 matter of public record and shall be available for inspection
20 and review at the offices of the department, the Statewide
21 committee or the appropriate regional committee.
22 (c) Investigations and inspections.--To determine compliance
23 with this act, the department is authorized, during reasonable
24 hours and upon reasonable notice, to make such reasonable
25 inspections, conduct such reasonable tests or sampling or
26 examine books, papers and records related specifically to any
27 withdrawal under investigation pursuant to section 308 as it
28 deems necessary.
29 (d) Water Resources Fund.--Fines and penalties collected
30 under this act shall be paid into the State Treasury in a
20020H2989B4622 - 39 -
1 special fund known as the Water Resources Fund. This fund shall
2 be administered by the department to carry out the purposes of
3 this act.
4 (e) Use of other funds.--Money in the Environmental
5 Stewardship Fund, established by 27 Pa.C.S. § 6104 (relating to
6 fund) which is available to the department, and the Clean Water
7 Fund, established by the act of June 22, 1937 (P.L.1987,
8 No.394), known as The Clean Streams Law, may be used by the
9 department for purposes of this act.
10 Section 502. Public nuisance.
11 (a) General rule.--A violation of this act or an order or
12 regulation under this act shall constitute a public nuisance.
13 (b) Applicability of other law.--Nothing in this act shall
14 be construed as affecting the application of 18 Pa.C.S. § 5101
15 (relating to obstructing administration of law or other
16 governmental function).
17 Section 503. Enforcement orders.
18 (a) Issuance.--The department may issue orders necessary to
19 aid in the enforcement of this act. An order may be issued if
20 the department finds that a person is in violation of this act
21 or of a regulation issued under this act. The department may, in
22 its order, require compliance with terms and conditions
23 necessary to effect the purposes of this act.
24 (b) Effective date.--An order issued under this section
25 shall take effect upon notice unless the order specifies
26 otherwise.
27 (c) Other remedies preserved.--The right of the department
28 to issue an order under this section is in addition to any
29 penalty which may be imposed or any other action taken under
30 this act.
20020H2989B4622 - 40 -
1 (d) Duty to comply.--It shall be the duty of any person to
2 proceed diligently to comply with any order issued by the
3 department under this section. If such person fails to proceed
4 diligently or fails to comply with the order within such time,
5 if any, which may be specified in the order, the person shall be
6 guilty of contempt and shall be punished by the court in an
7 appropriate manner. For this purpose, application may be made by
8 the department to the Commonwealth Court, which court is hereby
9 granted jurisdiction.
10 Section 504. Civil remedies.
11 (a) Abatement of nuisances.--An activity or condition
12 declared to be a public nuisance under section 502 shall be
13 restrained or prevented in the manner provided by law or equity
14 for abatement of public nuisances, and the reasonable expense
15 thereof may be recovered from the violator.
16 (b) Civil remedies.--The department may bring an action in
17 any court of competent jurisdiction to restrain and abate the
18 violation of this act or any regulation issued under this act.
19 Any other provision of law to the contrary notwithstanding, the
20 courts of common pleas and Commonwealth Court shall have
21 jurisdiction of such actions, and venue in such actions shall be
22 set forth in the Pennsylvania Rules of Civil Procedure
23 concerning actions in assumpsit.
24 (c) Civil penalties.--In addition to proceeding under any
25 other remedy available under this act for the violation of any
26 provision of this act, or any regulation or order issued under
27 this act, the department may assess a civil penalty upon a
28 person for such violation. The maximum civil penalty that may be
29 assessed is $1,000 per day for each violation. Each violation of
30 any provision of this act and each violation for each separate
20020H2989B4622 - 41 -
1 day shall constitute a separate and distinct offense. The civil
2 penalty may be assessed, whether or not the violation was
3 willful or negligent. In determining the amount of a civil
4 penalty, the department shall consider the degree of willfulness
5 and duration of the violation, savings resulting to the person
6 as the result of the violation, the damage to water resources of
7 this Commonwealth resulting from the violation and other
8 relevant factors. When the department proposes to assess a civil
9 penalty, it shall inform the person of the proposed amount of
10 such penalty. The person charged with the civil penalty shall
11 then have 30 days to pay the proposed penalty in full or, if the
12 person wishes to contest either the amount of the penalty or the
13 fact of the violation, the person shall within the 30-day period
14 file an appeal of the action with the Environmental Hearing
15 Board. Failure to appeal within the 30-day period shall result
16 in a waiver of all legal rights to contest the violation and the
17 amount of the civil penalty.
18 (d) Remedies to be concurrent.--The remedies prescribed in
19 this act shall be deemed concurrent and the existence or
20 exercise of any remedy shall not prevent the department from
21 exercising any other remedy under this act, at law or in equity.
22 Section 505. Preservation of rights and remedies.
23 (a) Other remedies.--The collection of a penalty under this
24 act shall not be construed as estopping the Commonwealth, a
25 municipality or an authorized agency from proceeding in courts
26 of law or equity to abate public nuisances under existing law.
27 (b) Remedies additional and cumulative.--It is declared to
28 be the purpose of this section to provide additional and
29 cumulative remedies to protect the public interest in the water
30 resources of this Commonwealth.
20020H2989B4622 - 42 -
1 (c) Pending suits.--This act does not apply to suits
2 instituted prior to its effective date.
3 Section 506. Relation to other laws.
4 (a) Limitations upon department.--Nothing contained in this
5 act shall be construed to authorize, diminish or expand the
6 existing authority of the department, including the
7 Environmental Quality Board, to regulate, control or require
8 permits for the withdrawal or use of water. Further, nothing set
9 forth in this act, any regulations adopted under this act or in
10 the State water plan shall authorize the department to take any
11 action to:
12 (1) Modify or impair any permits, agreements or other
13 approvals issued under other State statutes or vested rights
14 related to water withdrawals or uses.
15 (2) Interfere with or impose additional conditions upon
16 the use or operation of any existing reservoir or water
17 storage facility.
18 (3) Regulate or impose any conditions upon any activity
19 or use not currently authorized under applicable State
20 statutes and regulations.
21 (b) Limitations on water allocation authority.--The General
22 Assembly reiterates the declarations of other statutes
23 reflecting the need to manage water resources on a watershed
24 basis without respect to political boundaries and the
25 understanding that water management programs should be based
26 upon an accurate and current State water plan. Accordingly, no
27 political subdivision shall have any power to allocate water
28 resources or to regulate the location, amount, timing, terms or
29 conditions of any water withdrawal by any person.
30 (c) Limitations on municipalities.--Nothing in subsection
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1 (b) shall affect the power of any municipality to adopt and
2 enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to
3 emergency management services) or regulate the use of land
4 pursuant to the act of July 31, 1968 (P.L.805, No.247), known as
5 the Pennsylvania Municipalities Planning Code, or other laws.
6 Further, each municipality shall retain and may exercise such
7 authority as conferred by other statutes to adopt ordinances and
8 regulations concerning:
9 (1) mandatory connection to and use of available public
10 water supplies; and
11 (2) the prohibition or regulation of withdrawals from
12 particular sources of water that may be contaminated in order
13 to protect public health and safety from exposure to the
14 contamination or avoid the induced migration of the
15 contamination.
16 (d) Limitations relating to compacts.--Nothing in this act
17 shall be construed to supersede or abrogate any provisions of
18 the act of July 7, 1961 (P.L.518, No.268), known as the Delaware
19 River Basin Compact, or the act of July 17, 1968 (P.L.368,
20 No.181), referred to as the Susquehanna River Basin Compact Law,
21 and this act shall be construed in pari materia with such
22 compacts.
23 CHAPTER 7
24 MISCELLANEOUS PROVISIONS
25 Section 701. Repeal.
26 All acts and parts of acts are repealed insofar as they are
27 inconsistent with this act.
28 Section 702. Effective date.
29 This act shall take effect immediately.
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