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. 20020H2989B4622 - 2 -
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 20020H2989B4622 - 3 -
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, 20020H2989B4622 - 4 -
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 20020H2989B4622 - 5 -
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 20020H2989B4622 - 6 -
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. 20020H2989B4622 - 7 -
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 20020H2989B4622 - 8 -
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. 20020H2989B4622 - 9 -
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 20020H2989B4622 - 10 -
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 20020H2989B4622 - 11 -
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 20020H2989B4622 - 12 -
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. 20020H2989B4622 - 13 -
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 20020H2989B4622 - 14 -
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. 20020H2989B4622 - 15 -
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 20020H2989B4622 - 16 -
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 20020H2989B4622 - 17 -
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. 20020H2989B4622 - 18 -
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 20020H2989B4622 - 19 -
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 20020H2989B4622 - 20 -
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 20020H2989B4622 - 21 -
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 20020H2989B4622 - 43 -
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. K15L27BIL/20020H2989B4622 - 44 -