HB 2302
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, codifying the act of May 20, 1993
(P.L.38, No.11), entitled "An act establishing the
Agricultural Advisory Board in the Department of
Environmental Resources and prescribing its powers; and
providing for review by the board of certain proposed rules
and regulations," further providing for establishment of the
Agricultural Advisory Board; providing for water resources
planning, administration and enforcement; making a repeal;
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 27 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 7
AGRICULTURAL ADVISORY BOARD
Sec.
701. Definitions.
702. Establishment of board.
703. Powers of board.
704. Review of regulations.
§ 701. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agriculture." Normal farming practices or innovative
techniques used in the production and preparation for market of
any crop or commodity included within the definition of "crops,
livestock and livestock products" in section 3 of the act of
June 30, 1981 (P.L.128, No.43), known as the Agricultural Area
Security Law.
"Board." The Agricultural Advisory Board established in
section 702 (relating to establishment of board).
"Department." The Department of Environmental Protection of
the Commonwealth.
"Normal farming practices." The customary and generally
accepted activities, practices and procedures that farmers
adopt, use or engage in year after year in the production and
preparation for market of any crop or commodity included within
the definition of "crops, livestock and livestock products" in
section 3 of the act of June 30, 1981 (P.L.128, No.43), known as
the Agricultural Area Security Law.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Sustainable agriculture." An integrated system of plant and
animal production practices as defined by the Food, Agriculture,
Conservation and Trade Act of 1990 (Public Law 101-624, 104
Stat. 3616).
§ 702. Establishment of board.
(a) Creation.--There is hereby established in the department
the Agricultural Advisory Board.
(b) Members.--The following persons shall comprise the
board:
(1) Representatives of the Pennsylvania Farm Bureau, the
Pennsylvania State Grange, PennAg Industries Association and
the Pennsylvania Farmers Union. Each of these organizations
shall annually name one person to represent it under this
paragraph.
(2) A dairy producer, a livestock producer, a poultry
producer, a grain producer, a fruit producer, a vegetable
producer, a representative of the ornamental horticultural
industry, a producer engaged in sustainable agriculture, a
representative from the agricultural chemical manufacturers
industry and a representative from the agribusiness industry.
The Governor shall appoint these representatives to sit for a
three-year term. Representatives appointed under this
paragraph must receive a majority of their gross income from
the activity which they represent.
(3) Representatives of the Pennsylvania Association of
Conservation District Directors and The Pennsylvania State
University. Each of these organizations shall annually name
one person to represent it under this paragraph.
(4) Representatives of the Federal Farm Service Agency
and the Federal Natural Resources Conservation Service. Each
of these organizations shall annually name one person to
represent it under this paragraph ex officio.
(5) Representatives of the Department of Agriculture and
the department. Each department shall name a deputy secretary
to represent it under this paragraph ex officio. If a named
deputy secretary is unable to serve on the board, the deputy
secretary must be replaced by another deputy secretary or by
the secretary of that same department.
(6) The chairman and the minority chairman of the
Agriculture and Rural Affairs Committee of the Senate or
their designees and the chairman and the minority chairman of
the Agriculture and Rural Affairs Committee of the House of
Representatives or their designees to represent the General
Assembly.
(c) Chairman.--The board shall annually elect a board
chairman from among those members designated or appointed under
subsection (b)(1) and (2). No member shall serve as chairman for
more than two consecutive years.
(d) Staff.--The department shall furnish the board with
administrative support.
§ 703. Powers of board.
(a) General rule.--The board shall have the following
powers:
(1) Provide advice and expertise to the secretary
regarding the nature of agriculture in this Commonwealth.
(2) Assist the secretary and provide written comments on
new departmental policy that will impact upon agriculture in
this Commonwealth.
(3) Assist the secretary and provide comment on
regulatory proposals pursuant to section 704 (relating to
review of regulations).
(4) Provide comment to the secretary regarding existing
departmental policy and regulations affecting agriculture in
this Commonwealth.
(b) Exempt regulations.--Regulations subject to review by
the seasonal farm labor committee under the act of June 23, 1978
(P.L.537, No.93), known as the Seasonal Farm Labor Act, are
exempt from review under subsection (a).
§ 704. Review of regulations.
(a) Notice to board.--The department shall notify the board
of the development of any regulatory proposal which would
regulate agriculture as early as possible but not less than 120
days prior to the date the Environmental Quality Board meets to
initially consider any proposed rulemaking resulting from the
regulatory proposal.
(b) Meeting and consultation with board.--At the request of
the board, if the request is made within 30 days from the date
of receipt of the notice required by subsection (a), the
department shall meet and consult with the board in the
formulation of any such regulatory proposal, and thereafter the
board may provide the department with written comments thereon.
(c) Inclusion of comments with proposed rulemaking.--The
department shall include any written comments of the board,
received prior to the department's submission of a proposed
rulemaking package to the Environmental Quality Board, as part
of its submission to the Environmental Quality Board.
(d) Exceptions.--The requirements of this section shall not
apply to regulations with mandatory statutory deadlines, to
regulations required to be adopted by court order, to emergency
regulations, to final regulations adopted pursuant to section
204 of the act of July 31, 1968 (P.L.769, No.240), referred to
as the Commonwealth Documents Law, or where interim regulations
are otherwise authorized by statute. The department shall advise
the board as soon as possible of the development of regulations
identified in this subsection which would regulate agriculture.
Section 2. Part III of Title 27 is amended by adding a
chapter to read:
CHAPTER 31
WATER RESOURCES PLANNING
Subchapter
A. General Provisions
B. Water Resources Planning
C. Administration and Enforcement
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
3101. Scope.
3102. Definitions.
3103. Intergovernmental cooperation and coordination.
3104. Administrative agreements with other agencies.
§ 3101. Scope.
This chapter deals with water resources planning.
§ 3102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Basin." The watershed of one of the following major rivers
or hydrologic systems: the Delaware River, the Great Lakes, the
Ohio River, the Potomac River and the Susquehanna River.
"Clean Streams Law." The act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law.
"Compact Basin Commission." An interstate commission having
jurisdiction with respect to the planning, development or
regulation of water resources within a basin in Pennsylvania,
created by interstate compact or Federal-interstate compact.
"Confidential information."
(1) Records, reports or information or a particular
portion thereof that, if made public, would:
(i) divulge production or sales figures or methods,
processes or production unique to a person;
(ii) otherwise tend to affect adversely the
competitive position of a person by revealing trade
secrets, including intellectual property rights; or
(iii) present threats to the safety and security of
water supplies, including information concerning public
water supply agency vulnerability assessments.
(2) The term does not include any of the following:
(i) Information identifying the general source of
water used by a facility.
(ii) Information reporting the total amount of water
withdrawn by a facility or the total amount of water used
for consumptive uses or nonconsumptive uses by a
facility.
"Conservation district." A county declared to be a
conservation district by a resolution of its board of county
commissioners.
"Consumptive use." The loss of water from a groundwater or
surface water source through a manmade conveyance system,
including such water that is purveyed through a public water
supply system, due to transpiration by vegetation, incorporation
into products during their manufacture, evaporation, diversion
out of a basin or any other process to the extent that the water
withdrawn is not returned to the waters of a basin. Deep well
injection shall not be considered a return of waters to a basin.
"Critical area resource plan." A plan developed under
section 3112(d) (relating to plan contents) for any watershed or
watersheds within a critical water planning area.
"Critical water planning area." An area identified under
section 3112(a)(6) or (d)(1) (relating to plan contents).
"Deep well injection." Injection of waste or wastewater
substantially below aquifers containing fresh water.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Domestic use." The use of water for personal needs and
ordinary household purposes.
"Environmental Hearing Board." The board established under
the act of July 13, 1988 (P.L.530, No.94), known as the
Environmental Hearing Board Act.
"Environmental Quality Board." The board established under
section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
"Groundwater." Water beneath the surface of the ground
within a zone of saturation, whether or not flowing through
known and definite channels or percolating through underground
geologic formations and regardless of whether the result of
natural or artificial recharge. The term includes water
contained in aquifers, artesian and nonartesian basins,
underground watercourses and other bodies of water below the
surface of the earth.
"Hydrologic unit." A unit of surface water or groundwaters,
or both, which are interconnected and hydrologically related.
The term includes a surface watershed or basin, groundwater
basin, aquifer or aquifer system.
"Municipalities Planning Code." The act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code.
"Municipality." Any county, city, borough, town, township or
home rule municipality or any agency or authority created by any
one or more of the foregoing.
"Nonconsumptive use." A use of water withdrawn from water
resources of this Commonwealth in such manner that it is
returned to its basin of origin. Where only a portion of the
water withdrawn is returned to the basin of origin, that portion
which is returned is a nonconsumptive use, and the portion of
water withdrawn which is not returned to the basin of origin is
a consumptive use.
"Nonwithdrawal use." The functions of or activities in water
that is not withdrawn from a water resource, including, but not
limited to, navigation, in-stream hydropower production,
recreation, fish and wildlife habitat and the aquatic
environment.
"Person." An individual, partnership, association, company,
corporation, municipality, municipal authority, Federal or
Commonwealth administrative agency or an entity which is
recognized by law as the subject of rights and obligations. The
term shall include the officers, employees and agents of any
legal entity.
"Public water supply agency." A community water system as
defined by the act of May 1, 1984 (P.L.206, No.43), known as the
Pennsylvania Safe Drinking Water Act, or any person subject to
the act of June 24, 1939 (P.L.842, No.365), referred to as the
Water Rights Law.
"Reasonable and beneficial use." The use of water for a
useful and productive purpose, which is reasonable considering
the rights of other users and consistent with the public
interest, in a quantity and manner as is necessary for efficient
utilization. The term includes withdrawal and nonwithdrawal
uses.
"Region." One of the six regions established in section 3113
(relating to regional committees).
"Regional committee." A regional water resources committee.
"Safe Drinking Water Act." The act of May 1, 1984 (P.L.206,
No.43), known as the Pennsylvania Safe Drinking Water Act.
"Safe yield." For purposes of the State water plan, the
amount of water that can be withdrawn from a water resource over
a period of time without impairing the long-term utility of a
water resource such as dewatering of an aquifer, impairing the
long-term water quality of a water resource, inducing a health
threat or causing irreparable or unmitigated impact upon
reasonable and beneficial uses of the water resource. Safe yield
of a particular water source is primarily to be determined based
upon the predictable rate of natural and artificial
replenishment of the water source over a reasonable period of
time.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"State water plan." The plan adopted under section 3115
(relating to development, adoption, amendment and periodic
review of State water plan). Prior to adoption of the State
water plan in accordance with section 3115, the term shall mean
the State water plan previously adopted and published in
accordance with section 1904-A of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
"Statewide committee." The Statewide Water Resources
Committee.
"Surface water." Water on the surface of the earth,
including water in a perennial or intermittent watercourse,
lake, reservoir, pond, spring, wetland, estuary, swamp or marsh,
or diffused surface water, whether such body of water is natural
or artificial. The term does not include recirculated process
water or wastewater stored in an off-stream impoundment, pond,
tank or other device unless such water or wastewater is
withdrawn and used by a person other than the person who
initially withdrew the water from a water resource or obtained
such water from a public water supply agency.
"Water availability evaluation." An assessment of available
safe yield of water in an area, both groundwater and surface
water, including natural recharge capability, and an estimate of
the present reasonable and beneficial uses and of the reasonable
and beneficial uses for 20 years ahead by various categories
such as in-stream, agricultural, domestic, energy development
and production, industrial and recreational uses.
"Water conservation practices and measures." Those practices
and measures which are technically feasible and economically
practicable and which are designed to accomplish any of the
following:
(1) Reduce the demand for water.
(2) Improve efficiency in water use and reduce leakage,
losses and waste of water.
(3) Improve reuse and recycling of water.
(4) Improve land management practices to conserve water
or to preserve or increase groundwater recharge.
"Watercourse." A distinct natural or artificial body of
water flowing perennially or intermittently in a defined channel
with bed and banks. The term includes a river, creek, stream,
slough or canal.
"Water resource." Surface water or groundwater, within or on
the boundaries of this Commonwealth.
"Water resources emergency." A drought or other water
resource shortage declared by proclamation of the Governor that
would result in a substantial and immediate shortage of
available water supply in a region and that would be of
sufficient severity and magnitude to warrant coordinated action
to prevent or alleviate damage to property, human suffering,
hardship or threats to health, safety, welfare and fish and
wildlife habitat.
"Water Rights Law." The act of June 24, 1939 (P.L.842,
No.365), referred to as the Water Rights Law.
"Watershed." The drainage area of a watercourse of a minimum
drainage area determined in accordance with guidelines developed
pursuant to section 3115(a)(2) (relating to development,
adoption, amendment and periodic review of State water plan).
"Withdrawal." The removal or taking of water from any water
resource, whether or not returned to the water resource.
"Withdrawal use." Any use of water which is withdrawn,
including, but not limited to, domestic, municipal, public,
commercial, industrial, energy development and production and
agricultural water supply. The term includes the use of water
transferred through interconnections but shall not include
transfer of water within a system operated by the same public
water supply agency.
§ 3103. Intergovernmental cooperation and coordination.
The Statewide committee, the regional committees and the
department shall cooperate and coordinate with appropriate
Compact Basin Commissions and Federal, interstate, State and
political subdivisions, municipalities, public water supply
agencies and other agencies for efficient planning for the
maintenance and enhancement of the water resources of this
Commonwealth.
§ 3104. Administrative agreements with other agencies.
In consultation with the Statewide committee, the department
shall, to the extent practicable, enter into administrative
agreements with appropriate Compact Basin Commissions and
Federal, State, interstate, municipal and other agencies for the
following purposes:
(1) To avoid unnecessary duplication of staff functions
and facilitate coordinated review of projects and actions
within the jurisdiction of such agencies.
(2) To provide a coordinated system for registration of
significant water uses and the coordinated collection and
maintenance of data regarding water resources.
(3) To provide for coordinated inspection, monitoring
and enforcement of applicable statutes and regulations,
provided that nothing in this section shall be deemed to
confer enforcement authority on the Statewide committee.
(4) To accept delegations of authority from or obtain
the services and assistance of a Compact Basin Commission or
Federal or interstate agency concerning planning for the
maintenance and enhancement of water resources. Nothing in
this paragraph shall be construed to authorize a delegation
to the Statewide committee or the department of any power to
regulate, control or require permits for the withdrawal or
use of water.
(5) To ensure coordinated and effective responses to
water resources emergencies in conjunction with the
Pennsylvania Emergency Management Agency and the Compact
Basin Commissions.
SUBCHAPTER B
WATER RESOURCES PLANNING
Sec.
3111. State water plan.
3112. Plan contents.
3113. Regional committees.
3114. Statewide Water Resources Committee.
3115. Development, adoption, amendment and periodic review
of State water plan.
3116. Use of plan.
3117. Statewide data system.
3118. Water use registration and reporting.
3119. Confidential information.
3120. Water conservation.
3121. Grants.
§ 3111. State water plan.
(a) Preparation and adoption.--In accordance with this
chapter and with ongoing consultation with the Statewide
committee and the department, each regional committee shall
guide the development of and recommend to the Statewide
committee a regional plan component for review, approval and
incorporation into the State water plan. The Statewide committee
shall guide the development of, approve and recommend to the
secretary approval and adoption of the State water plan. The
department shall draft and develop the State water plan,
including regional plan components. The State water plan shall
be completed and adopted within five years of the effective date
of this chapter.
(b) Matters considered.--The State water plan shall reflect
the matters set forth in section 3112 (relating to plan
contents). The level of detail within the State water plan and
each regional plan may vary among watersheds and other
hydrologic units. In consultation with the regional committee
and the Statewide committee, the department shall establish with
the approval of the Statewide committee priorities and
guidelines for the level of detail appropriate for different
areas, considering among other factors the current or projected
future water demands in comparison to the safe yield of
available water resources in the area.
(c) Limitation of authority.--Nothing contained in this
chapter shall be construed to authorize, expand or diminish the
existing authority of the department, including the
Environmental Quality Board, to regulate, control or require
permits for the withdrawal or use of water.
§ 3112. Plan contents.
(a) General rule.--The State water plan and regional plan
shall include:
(1) An inventory of the surface water resources of each
region of this Commonwealth, including an identification of
the boundaries of significant watersheds and an estimate of
the safe yield of such sources for withdrawal and
nonwithdrawal uses during periods of normal conditions and
drought.
(2) An inventory of the groundwater resources of each
region of this Commonwealth, including an identification of
aquifers and groundwater basins and an assessment of their
safe yield, prime recharge areas, recharge capacity,
withdrawal limits and relationship to stream base flows.
(3) An assessment and projection of existing and future
nonwithdrawal use needs and the values of watercourses
included within this Commonwealth or Federal wild and scenic
river systems.
(4) An assessment and projection of existing and future
withdrawal use demands.
(5) An identification of potential problems with water
availability or conflicts among water uses and users.
(6) An identification of critical water planning areas
comprising any significant hydrologic unit where existing or
future demands exceed or threaten to exceed the safe yield of
available water resources.
(7) An assessment of the current and future capabilities
of public water supply agencies to provide an adequate
quantity and quality of water to their service areas.
(8) An assessment of floodplain and storm water
management problems.
(9) An assessment of navigation needs and the means for
restoration, development and improvement of transportation by
water.
(10) An assessment of the water resources required to
serve areas with important or unique natural, scenic,
environmental or recreational values of national, regional,
local or Statewide significance, including national and State
parks; designated wild, scenic and recreational rivers;
national and State wildlife refuges; and the habitats of
Federal and State endangered or threatened species.
(11) A process for identifying projects and practices
that are being or have been implemented by water users that
reduce the amount of water withdrawal or consumptive use,
improve efficiency in water use, provide for reuse and
recycling of water, increase the supply or storage of water
or preserve or increase groundwater recharge and a
recommended process for providing appropriate positive
recognition of such projects or practices in actions,
programs, policies, projects or management activities
recommended under paragraph (16).
(12) An identification of practical alternatives for an
adequate supply of water to satisfy existing and future
reasonable and beneficial uses, including improved storage,
groundwater recharge and surface water/groundwater
conjunctive management programs.
(13) An assessment of both structural and nonstructural
alternatives to address identified water availability
problems, adverse impacts on water uses or conflicts between
water users, including potential actions to develop
additional or alternative supplies, conservation measures and
management techniques.
(14) A review and evaluation of statutes, regulations,
policies and institutional arrangements for the development,
conservation, distribution and emergency management of water
resources.
(15) A review and evaluation of water resources
management alternatives and recommended programs, policies,
institutional arrangements, projects and other provisions to
meet the water resources needs of each region and of this
Commonwealth.
(16) Proposed methods of implementing various
recommended actions, programs, policies, projects or
management activities.
(b) Considerations.--The State water plan and regional plans
shall consider:
(1) The interconnections and relationships between
groundwater and surface water as components of a single
hydrologic resource.
(2) Regional water resources needs, objectives and
priorities as identified and evaluated by the regional
committee.
(3) Federal, State and interstate water resources
policies, plans, objectives and priorities, including those
identified in statutes, regulations, compacts, interstate
agreements or comprehensive plans adopted by Federal and
State agencies and Compact Basin Commissions.
(4) The needs and priorities reflected in comprehensive
plans and zoning ordinances where one of the following
conditions is satisfied:
(i) A county adopts a comprehensive plan in
accordance with section 301 or 302 of the Municipalities
Planning Code and municipalities in the county have
adopted comprehensive plans and zoning ordinances in
accordance with sections 301, 303(d) and 603(j) of the
Municipalities Planning Code.
(ii) Municipalities have adopted a county plan or a
multimunicipal plan under Article XI of the
Municipalities Planning Code and the participating
municipalities have conformed their local plans and
ordinances to the county or multimunicipal plan by
implementing cooperative agreements and adopting
appropriate resolutions and ordinances.
(iii) A county adopts a comprehensive plan in
accordance with section 301 or 302 of the Municipalities
Planning Code and either:
(A) the county has adopted and is administering,
in lieu of municipalities in the county, a county
comprehensive plan and county zoning ordinance in
accordance with sections 301, 303(d) and 603(j) of
the Municipalities Planning Code; or
(B) the county has adopted a county
comprehensive plan in accordance with section 301 or
302 of the Municipalities Planning Code which is in
effect, in lieu of comprehensive plans adopted by
municipalities in the county, and municipalities in
the county have adopted zoning ordinances generally
consistent with such county comprehensive plan in
accordance with sections 303(d) and 603(j) of the
Municipalities Planning Code.
(5) The water quantity and quality necessary to support
reasonable and beneficial uses.
(6) A balancing and encouragement of multiple uses of
water resources, recognizing that all water resources of this
Commonwealth are capable of serving multiple uses and human
needs, including multiple uses of water resources for
reasonable and beneficial uses.
(7) The distinctions between short-term and long-term
conditions, impacts, needs and solutions to ensure
appropriate and cost-effective responses to water resources
issues.
(8) The benefits and costs and social and environmental
impacts of alternative policies, programs, projects and
actions.
(9) Application of the principle of equal and uniform
treatment of all water users that are similarly situated and
all users of related facilities without regard to established
political boundaries.
(c) Balancing of considerations.--In approving, recommending
and adopting the State water plan, the Statewide committee and
secretary shall provide serious and deliberative consideration
to regional priorities, objectives and recommendations expressed
by the regional committees, reconcile differences or conflicts
among regional plans and assure that the regional plans and
State water plan adequately consider and reflect Federal, State
and Compact Basin Commission policies, plans, objectives and
priorities of national, Statewide or interstate importance.
(d) Designation of critical water planning areas and
preparation and approval of critical area resource plans.--
(1) Critical water planning areas shall be identified as
provided under subsection (a)(6). A regional committee may,
in advance of the formal adoption of a regional plan or the
State water plan and if justified by evidence developed in
the planning process, recommend the designation of a critical
water planning area. Upon such recommendation, the Statewide
committee and secretary may designate the area for the
development of a critical area resource plan for any
watershed or watersheds within a critical water planning area
pursuant to this subsection.
(2) In preparing a critical area resource plan for a
critical water planning area, the regional committee shall
establish a critical area advisory committee. This committee
shall be composed of persons representative of appropriate
governmental agencies, agricultural, public water supply,
industrial and other water users in the area, conservation
and environmental organizations and other persons who have
knowledge of, background in or an understanding of water
resources planning and management. The critical area advisory
committee shall evaluate policy, program and management
alternatives and advise the regional committee and department
throughout the critical water area planning process.
(3) For each critical water planning area identified and
designated under this subsection or subsection (a)(6), the
regional committee shall, in consultation with a critical
area advisory committee, guide the development of and
recommend to the Statewide committee and secretary and the
department shall draft a critical area resource plan. The
regional committee may recommend to the department the
engagement of county or regional agencies or expert
consulting firms to assist in the process of preparing such a
plan.
(4) A critical area resource plan shall be subject to
review and adoption through the same process as a regional
plan as provided in this section and section 3115 (relating
to development, adoption, amendment and periodic review of
State water plan). Prior to final recommendation by the
regional committee to the Statewide committee, a copy of the
proposed critical area resource plan shall be submitted to
the official planning agency and governing body of each
municipality in the designated critical water planning area,
the appropriate county planning agency and regional planning
agencies for review and comment as to consistency with other
plans and programs affecting the critical water planning
area, and each such agency and governing body shall be
provided 45 days to provide comments.
(5) The critical area resource plans shall include:
(i) An identification of existing and future
reasonable and beneficial uses.
(ii) A water availability evaluation, including a
quantitative assessment of the available water resources
and their relationship to the existing and future
reasonable and beneficial uses.
(iii) An identification of the quantity of water
available for new or increased uses of water in the
forseeable future and an identification of quantities
required for future water uses associated with planned
projects or developments.
(iv) An assessment of water quality issues that have
a direct and substantial effect on water resource
availability.
(v) A consideration of storm water and floodplain
management within the critical water planning area and
their impacts on water quality and quantity.
(vi) Identification of existing and potential
adverse impacts on uses or conflicts among users or areas
of the critical water planning area and identification of
alternatives for avoiding or resolving such conflicts.
(vii) An identification of practicable supply-side
and demand-side alternatives for assuring an adequate
supply of water to satisfy existing and future reasonable
and beneficial uses.
(6) Critical area resource plans shall be construed as a
component of the State water plan and may be implemented
voluntarily.
§ 3113. Regional committees.
(a) Creation.--There is created within the department a
regional committee for each of the following regions in this
Commonwealth:
(1) The watershed drainage area of the Delaware River
and its tributaries.
(2) The watershed drainage area of the West Branch
Susquehanna River subbasin and the upper Susquehanna, middle
Susquehanna and Chemung subbasins and their tributaries.
(3) The watershed drainage area of the Juniata River and
lower Susquehanna River and its tributaries below Sunbury,
and Gunpowder, Northeast and Elk Creek Watersheds draining to
the Chesapeake Bay.
(4) The watershed drainage area of the Ohio River and
its tributaries.
(5) The watershed drainage area of Lake Erie and the
Genesee River.
(6) The watershed drainage area of the Potomac River and
its tributaries.
Each regional committee shall be subject to the provisions
applicable generally to boards and commissions identified in
section 203 of the act of April 9, 1929 (P.L.177, No.175), known
as The Administrative Code of 1929.
(b) Membership.--
(1) Each regional committee shall be composed of:
(i) Four members with a knowledge, background or
understanding of water resources planning and management
who are county conservation district or planning
commission directors or, where a county conservation
district does not cover a portion of a region, who are
representatives of the governing body of the county or
city of the first class, as appropriate, and shall
represent a geographic cross section of the region. At
least two county conservation district directors shall be
appointed to each regional committee. Such members shall
be appointed by the Governor from recommendations made
separately by the governing bodies of each county or city
of the first class which is in whole or in part within
the region.
(ii) Seventeen members appointed by the Governor
from recommendations made separately by Statewide and
regional organizations representing such interests whose
residence or place of business is within the region and
who meet the following criteria:
(A) Two members shall be representative of
agriculture, one from production agriculture and one
from horticulture.
(B) One member shall be an officer or employee
of a public water supply agency providing residential
service within the region.
(C) One member shall be an officer or employee
of a public wastewater agency providing service
within the region.
(D) Three members shall represent significant
industrial and commercial enterprises, energy
development and production interests.
(E) Three members shall represent environmental
and conservation interests.
(F) Four members with education and experience
in professions relating to water resources
management, including engineering, hydrology,
geology, planning, law and economics, one of whom
shall be a registered professional geologist.
(G) Three members representing local governments
other than counties.
The members appointed under this subparagraph shall
represent a cross section of the region, considering the
distribution of population within each region.
(iii) One member, appointed by the secretary, who is
a department employee. This member shall advise the
regional committee without voting on any matter before
the regional committee.
(iv) Where a Compact Basin Commission exists with
jurisdiction over all or a portion of the region, a
representative of such Compact Basin Commission shall be
invited to serve as an ex officio voting member of the
regional committee.
(2) Members shall be appointed no later than 180 days
after the effective date of this chapter.
(3) A member shall be appointed for a term of three
years. Of the members first appointed by the Governor under
paragraph (1)(i) and (ii), five members shall serve for terms
of one year, five members shall serve for terms of two years
and five members shall serve for terms of three years.
(4) Vacancies shall be filled for the remainder of an
unexpired term in the same manner as original appointments. A
member, upon expiration of the term, shall continue to hold
office until a successor is appointed.
(5) A majority of the membership of a regional committee
shall constitute a quorum for the transaction of regional
committee business. Action may be taken on a matter before
the regional committee by a majority vote of the full
membership of the regional committee.
(6) Members of a regional committee shall serve without
compensation but may be reimbursed from funds appropriated
for such purposes for necessary and reasonable travel and
other expenses incurred during the performance of their
duties.
(7) A chairperson shall be elected annually by a
majority vote of the full membership of the regional
committee.
(c) Powers and duties.--A regional committee has the
following powers and duties:
(1) Guide the development of and recommend to the
Statewide committee the regional plan component for review
and incorporation into the State water plan.
(2) Consult with, advise and make recommendations to the
department and the Statewide committee prior to and
throughout the process of preparing the regional plan
component of the State water plan and amendments to the
regional plan component of the State water plan.
(3) Advise the Statewide committee and the department
regarding the engagement and selection of consultants or
experts to assist in the preparation of the regional
component of the State water plan.
(4) Recommend to the Statewide committee and the
department the identification of critical water planning
areas.
(5) Utilize an open process, including public notice and
at least one combined public meeting and hearing, to solicit
comments from interested persons on water resources planning
issues related to the preparation of the regional component
of the State water plan.
(6) Meet as necessary to accomplish the purposes of this
chapter.
(7) Adopt bylaws and procedures for conducting business.
§ 3114. Statewide Water Resources Committee.
(a) Establishment.--There is established within the
department the Statewide Water Resources Committee. The purpose
of the committee is to coordinate the development of the State
water plan, recommend policies and guidelines for and oversee
the development of the State water plan and, in continuing
consultation and collaboration with the regional committees and
the department and with the full opportunity for public review
and comment, approve and recommend to the secretary approval and
adoption of the State water plan. The Statewide committee shall
be subject to the provisions applicable generally to boards and
commissions identified in section 203 of the act of April 9,
1929 (P.L.177, No.175), known as The Administrative Code of
1929.
(b) Membership.--
(1) The Statewide committee shall be composed of members
selected as set forth in this subsection.
(2) Eighteen members shall be appointed as follows:
(i) Six members shall be representatives of the
regional committees, appointed as provided in this
paragraph. The Majority Leader of the Senate and Majority
Leader of the House of Representatives shall each appoint
two members from among the members of the regional
committees. The Minority Leader of the Senate and the
Minority Leader of the House of Representatives shall
each appoint one member from among the members of the
regional committees. Each regional committee shall
nominate from among their members individuals to be
considered for appointment under this paragraph, and no
more than one member from each regional committee shall
be appointed under this paragraph.
(ii) The Governor shall appoint six members
representing a cross section of water user interests,
including agriculture, conservation districts, industrial
and commercial enterprises, mining, energy development
and production and public water supply. The Governor
shall seek suggestions and recommendations for Statewide
committee membership from representative organizations.
(iii) The Governor shall appoint six members
representing local government, environmental and
conservation interests and professions relating to water
resources management. The Governor shall seek suggestions
and recommendations for Statewide committee membership
from representative organizations.
(3) The Secretary of Environmental Protection, Secretary
of Agriculture, Secretary of Conservation and Natural
Resources, Executive Director of the Pennsylvania Fish and
Boat Commission, Chairman of the Pennsylvania Public Utility
Commission and Executive Director of the Pennsylvania
Emergency Management Agency or their designees shall be ex
officio voting members of the Statewide committee. The
Secretary of Community and Economic Development and the
Executive Director of the Governor's Center for Local
Government Services or their designees and a representative
of each Compact Basin Commission shall be invited to serve as
ex officio nonvoting members of the Statewide committee.
(4) Members shall be appointed no later than 180 days
after the effective date of this chapter.
(5) A member shall be appointed for a term of four
years. Of the initial members appointed by the Governor:
(i) Six members shall serve initial terms of two
years.
(ii) Six members shall serve initial terms of four
years.
(iii) After such initial terms, individuals
appointed by the Governor shall serve for a term of four
years.
(6) Members must, as a result of educational background,
training or experience, have an understanding of water
resources planning and management issues.
(7) The chairperson of the Statewide committee shall be
elected by a majority vote of the full membership of the
committee.
(8) Vacancies shall be filled for the remainder of an
unexpired term in the same manner as original appointments. A
member, upon expiration of the term, shall continue to hold
office until a successor is appointed.
(9) A majority of the membership of the Statewide
committee shall constitute a quorum for the transaction of
business. Action may be taken on a matter before the
committee by a majority vote of the full membership of the
committee.
(10) Members of the Statewide committee shall serve
without compensation but may be reimbursed from funds
appropriated for such purposes for necessary and reasonable
travel and other expenses incurred during the performance of
their duties.
(c) Powers and duties.--The Statewide committee shall:
(1) Recommend to the secretary the approval and adoption
of the State water plan, including regional plan components,
following consultation with the regional committees, the
department, Compact Basin Commission and other appropriate
agencies and after the public comment and hearing process
specified in section 3115(b) (relating to development,
adoption, amendment and periodic review of State water plan).
(2) Assist the department, in cooperation with regional
committees, with the development of a public participation
process to encourage the input from persons interested in
water resources issues throughout the process of developing
and formulating regional plan components and the State water
plan.
(3) Recommend approval by the secretary of policies and
guidelines for the preparation and development of regional
plans and the State water plan in order to assure consistency
in the methods used to carry out the assessments and
inventories required under section 3112 (relating to plan
contents).
(4) Review and comment upon regulations and policies
proposed by the department under this chapter. In furtherance
of this responsibility, the Statewide committee shall be
given a reasonable opportunity to review and comment on
regulations promulgated under this chapter affecting water
resources prior to the submission to the Environmental
Quality Board for both initial and final consideration. The
written report of the Statewide committee shall be presented
to the Environmental Quality Board with any regulatory
proposal under this chapter. The chairperson of the Statewide
committee shall be invited to participate in the presentation
of all regulations promulgated under this chapter affecting
water resources before the Environmental Quality Board.
(5) Carry out the duties and responsibilities assigned
to the Statewide committee under this chapter or other
applicable statutes.
§ 3115. Development, adoption, amendment and periodic review
of State water plan.
(a) Preparation of State water plan.--
(1) A State water plan shall be developed and adopted in
accordance with this section within five years of the
effective date of this chapter. After the initial adoption of
a State water plan, the plan shall be amended and updated
every five years.
(2) The department, in consultation with the Statewide
committee, shall develop policies and guidelines for:
(i) Preparing or amending the regional plan
components and the State water plan.
(ii) Ensuring public participation in the
development or amendment of the State water plan.
(iii) Identifying critical water planning areas.
(iv) Developing critical area resources plans.
Policies and guidelines shall be adopted only upon approval
by both the Statewide committee and the secretary.
(3) All meetings, hearings and public review under this
chapter shall be in accordance with the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings) and any regulations
promulgated thereunder.
(b) Development of the State water plan.--
(1) Each regional committee shall:
(i) Hold at least one combined public meeting and
hearing within its region to solicit input on water
resources management and water resources planning within
the region.
(ii) Make recommendations to the department and the
Statewide committee on the development or amendment of
the State water plan.
(iii) Make recommendations on the identification of
critical water planning areas within the region.
(2) Based upon the recommendations and guidance of the
regional committees and consistent with the policies and
guidelines established under subsection (a)(2), the
department, in consultation with the Statewide committee,
shall prepare drafts of the initial regional plan components
to be used in the development or amendment of the State water
plan. The department may also utilize other available
resources to assist with the preparation of the drafts.
(3) The department, in conjunction with the Statewide
committee and the regional committee, shall hold at least one
combined public meeting and hearing in each region to solicit
input on the drafts of the initial regional plan components
to be used in the development or amendment of the State water
plan.
(4) Following public participation and the combined
public meeting and hearing required under paragraph (3), each
regional committee shall select, by a majority vote, the
planning alternatives and provisions to be recommended as
part of the regional plan component of the State water plan.
Each regional committee shall recommend, by a majority vote,
the regional plan component to the Statewide committee. Each
regional committee shall provide to another regional
committee any proposed regional plan component recommendation
that may affect any other region for review and comment prior
to recommendation of the regional plan component to the
Statewide committee.
(5) With consideration of the regional plan components
developed under paragraphs (1) through (4), and consistent
with the policies and guidelines established under subsection
(a)(2), the department, in ongoing consultation with the
Statewide committee, shall prepare a draft of the State water
plan or amendments to the State water plan. The department,
in conjunction with the Statewide committee, shall make the
draft of the State water plan available for public review to
solicit input on the draft of the State water plan or
amendments to the State water plan.
(c) Adoption of regional plan components and State water
plan.--Regional plans and the State water plan shall be
recommended and adopted in accordance with the following
procedures:
(1) Each regional committee shall, by a majority vote,
recommend the regional plan components to the Statewide
committee as provided in subsection (b).
(2) If a regional committee fails to comply with the
obligations set forth in this chapter, the Statewide
committee shall, after providing 90 days' written notice to
the regional committee, propose, approve and recommend the
regional plan components for that region.
(3) The Statewide committee or the secretary may direct
modification of a new or previously approved regional plan,
in whole or in part, upon finding one of the following:
(i) Recommended planning or management alternatives
or provisions of two or more regional plans are
inconsistent, or two or more regional planning committees
are unable to agree on an alternative or provision
affecting their respective regions.
(ii) A recommended planning or management
alternative or provision is inconsistent with:
(A) this chapter;
(B) Federal or State statutes, regulations or
officially adopted policies or plans; or
(C) compacts or other interstate agreements and
plans.
(iii) A regional plan component is inconsistent with
or conflicts with the provisions or objectives of the
overall State water plan.
(iv) The recommended regional plan component fails
to conform to section 3112 (relating to plan contents) or
the requirements established by policies adopted pursuant
to subsection (a)(2).
(4) Following consultation with the regional committees,
the Statewide committee shall approve and recommend to the
secretary approval and adoption of regional plan components
and the State water plan, subject to the following
procedures:
(i) Within 90 days of submission of a regional plan,
the secretary shall in writing either approve the
regional plan or disapprove the regional plan if the
secretary finds that the regional plan fails to meet any
of the criteria set forth in paragraph (3)(i) through
(iv).
(ii) Within 90 days of submission of the State water
plan, the secretary shall in writing either approve the
State water plan or disapprove the plan if the secretary
finds that the State water plan fails to conform to the
requirements of section 3112 or the policies adopted
pursuant to subsection (a)(2).
(iii) Upon disapproval of a regional plan or State
water plan, the secretary shall advise the Statewide
committee and affected regional committee in writing of
the reasons for such disapproval.
(iv) Upon receipt of any notice of disapproval, the
Statewide committee, any affected regional committee and
the department shall undertake expeditious and diligent
efforts to confer and resolve the issues identified as
the reasons for disapproval. Within 90 days of receipt of
any disapproval notice, the Statewide committee shall
recommend a revised plan which addresses and resolves the
issues.
(5) Final adoption of each regional plan component and
the State water plan shall occur only upon the approval and
recommendation by the Statewide committee to the secretary
for the approval and adoption of the State water plan and
subsequent adoption by the secretary.
(6) Upon adoption of the State water plan, the
department shall publish notice of the adoption or amendment
of the State water plan in the Pennsylvania Bulletin and on
the department's World Wide Web site.
(d) Periodic review.--The Statewide committee and the
department shall, at least once every five years and after
consultation with the regional committees, review the State
water plan to determine whether it reflects the objectives,
policies and purposes of this chapter. This determination,
including recommendations for revisions to regional plans, shall
be set forth in writing.
(e) Plan amendment.--The State water plan may be amended in
accordance with the requirements of this section.
§ 3116. Use of plan.
(a) General use of plan.--The State water plan is intended
to serve as a policy and guidance document, providing
information, objectives, priorities and recommendations to be
considered and weighed in a broad range of State, local and
private decisions. The State water plan is not intended to
constitute or contain legally binding regulations, prohibitions
or prescriptions.
(b) Specific uses of plan.--Among other uses, it is intended
that the State water plan will be used to:
(1) Identify and prioritize water resource and water
supply development projects to be carried out by private
organizations or government agencies.
(2) Provide information to public and private decision
makers regarding water availability to help guide efficient
investment and economic development.
(3) Identify opportunities for improving operation of
this Commonwealth's existing water resources infrastructure.
(4) Guide the development and implementation of policies
and programs by State agencies that will reduce the risk of
flooding, water shortages from drought and conflicts between
water users or uses.
(5) Guide policies on activities that directly and
significantly affect the quantity and quality of water
available with the objective of balancing and encouraging
multiple uses of water resources.
(6) Educate public officials and the public at large
regarding the sources and uses of water in this Commonwealth.
§ 3117. Statewide data system.
(a) General rule.--In cooperation with the Compact Basin
Commissions and Federal, State and regional agencies with
responsibilities relating to water resources management, the
department shall establish and maintain a Statewide system to
gather, process and distribute information on the availability,
distribution, quality and use of water resources of this
Commonwealth.
(b) Other commissions and agencies.--The department shall
invite interested Compact Basin Commissions and Federal, State
and regional agencies with responsibilities relating to water
resources management to join the Statewide data system and shall
cooperate with any such agency choosing to join the system.
(c) Fee.--Information gathered in the Statewide data system,
subject to protection provided to confidential business
information under section 3119 (relating to confidential
information), shall be made available to any person on payment
of a reasonable fee, as established by the department with the
advice of the Statewide committee, to cover the expenses of
making such information available to that person.
§ 3118. Water use registration and reporting.
(a) Interim registration program.--Pending the adoption of
regulations for registration and reporting under subsection (b),
each public water supply agency and each hydropower facility,
irrespective of the amount of withdrawal, and each person whose
total withdrawal or withdrawal use from one or more points of
withdrawal within a watershed operated as a system either
concurrently or sequentially exceeds an average rate of 10,000
gallons a day in a 30-day period shall register with the
department the source, location and amount of withdrawal or use
or both. Registrations shall be submitted not later than 12
months after the effective date of this chapter or 30 days
following the initiation of any such withdrawal or use,
whichever is later. Registrations shall be submitted on forms as
prescribed by the department.
(b) General rule; requirements for registration and
reporting.--In order to provide accurate information for water
resources planning, the department in consultation with the
Statewide committee shall recommend and the Environmental
Quality Board shall adopt regulations establishing requirements
for the registration, periodic reporting and recordkeeping of
withdrawals in accordance with the following provisions:
(1) Each public water supply agency and each hydropower
facility, irrespective of the amount of withdrawal, and each
person whose total withdrawal or withdrawal use from one or
more points of withdrawal within a watershed operated as a
system either concurrently or sequentially exceeds an average
rate of 10,000 gallons a day in a 30-day period shall comply
with recordkeeping and periodic reporting requirements
established by regulation. Such regulations shall require
water users subject to the registration requirements of this
section to monitor, maintain records and submit to the
department periodic reports regarding the source, location
and amount of withdrawals or uses or both from surface waters
and groundwaters, including the amount of consumptive and
nonconsumptive uses, the locations and amounts of any waters
returned and discharged and the amounts of water transferred
between public water supply agencies via interconnections.
Such regulations shall not require submission of periodic
reports more frequently than annually. Where alternative
methods exist to obtain a reasonably accurate evaluation of
withdrawals or withdrawal uses, consumptive or nonconsumptive
uses and return flows, such regulations shall allow for use
of the alternative methods to obtain a reasonable estimate or
indirect calculation of such in lieu of direct metering or
measurement. With respect to withdrawal uses, other than
public water supply agency withdrawals and hydropower
facilities, involving a withdrawal of less than 50,000
gallons per day in a 30-day period, the regulations shall
provide for the use of alternative methods to obtain a
reasonable estimate or indirect calculation of such in lieu
of direct metering or measurement.
(2) The regulations may provide for the adjustment of or
variations in registration, recordkeeping or periodic
reporting requirements for identified classification of user
or volume of withdrawal if such requirements are not
necessary to obtain information required to adequately assess
water uses, monitor demands and otherwise prepare accurate
and complete regional and State water plans and, if
applicable, critical area resource plans.
(3) The regulations shall include a process under which
water users may document and register practices or projects
that they have implemented to reduce water withdrawals or
consumptive use, promote groundwater recharge or otherwise
conserve or enhance water supplies for consideration and use
in providing appropriate recognition and credit during the
implementation of existing or future water supply programs.
(4) To avoid duplication of efforts, regulations
implementing the periodic reporting requirements of this
subsection shall provide that the requirements may be
satisfied by the filing of discharge monitoring reports
prepared under the Clean Streams Law, water supply reports
prepared under the Safe Drinking Water Act, water withdrawal
and use reports prepared and submitted pursuant to
regulations adopted by the Delaware River Basin Commission
and Susquehanna River Basin Commission, or other reports
submitted under other applicable statutes and regulations, to
the extent that the reports provide the required information.
(5) Nothing in this section shall be construed to
authorize the department or the Environmental Quality Board
to require metering of homeowner wells.
(6) Where a registered withdrawal is terminated or is
reduced to an amount which over a 12-month period is less
than the 30-day average threshold amounts requiring
registration, the person responsible for such withdrawal may
file a written notice with the department of such termination
and reduction. After filing such notice, the person shall be
relieved of further obligations relating to period reporting
under this section.
(7) Persons required to register and report water
withdrawals or uses under this section shall keep records
required by regulation for a period of five years and make
such records available for inspection by the department upon
request.
(8) Registration of a withdrawal or use shall not be
construed as a determination of a person's water rights or
approval of a withdrawal or use by any agency of the
Commonwealth or by a Compact Basin Commission.
(c) Confidentiality of information.--Information provided to
the department under this section shall be subject to the
provisions of section 3119 (relating to confidential
information).
§ 3119. Confidential information.
(a) General rule.--Except as provided in subsection (b),
information required to be submitted to the department under
this chapter shall be subject to the provisions of the act of
June 21, 1957 (P.L.390, No.212), referred to as the Right-to-
Know Law.
(b) Exception.--The department, the Statewide committee and
any regional committee shall not disclose confidential
information required to be submitted to the department under
this chapter unless:
(1) the confidential information is contained in a
report in which the identity of the submitting person has
been removed and the confidential information is aggregated
by hydrologic unit or region; or
(2) the confidential information is disclosed to
employees, contractors, agents or authorized representatives
of the department, including the State and regional planning
committees for the purposes of this chapter.
(c) Confidential information submitted.--If a person submits
confidential information under this chapter, the person must
identify the information that is confidential information and
provide a justification for its confidential nature. The
department, Statewide committee or regional committees shall
hold the confidential information in a file separate from the
general records relating to the person.
§ 3120. Water conservation.
(a) Technical assistance center.--The department shall
establish and maintain a water resources technical assistance
center to promote voluntary water conservation and to provide
technical assistance on water resources uses issues, including
methods for efficient water use, including reduction of
unaccounted-for water loss and the replenishment and
conservation of water resources. The center shall:
(1) Establish a voluntary Statewide water conservation
program for all water users.
(2) Establish guidelines for the development of
voluntary water use reduction plans in critical water
planning areas.
(3) Establish voluntary water use reduction goals for
all water users.
(4) Identify water conservation principles, practices
and technology to assist all water users in conserving water.
(5) Develop a water conservation educational program for
households, industry and other water users.
(6) Establish a Governor's Water Conservation Award to
recognize outstanding conservation of water.
(7) Develop a program to promote voluntary reduction of
unaccounted for water loss.
(8) Identify principles, practices and technologies to
encourage groundwater recharge.
(b) Grant approval.--When approving funding pursuant to the
act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania
Infrastructure Investment Authority Act, the Pennsylvania
Infrastructure Investment Authority shall give special
consideration to funding projects that:
(1) address unaccounted-for water loss or that implement
water conservation practices by a public water supply agency
whose unaccounted-for water loss rate exceeds 20%, provided
that, as a condition for such assistance, the applicant shall
agree to attempt to recover the true cost of service from
ratepayers and adopt and implement a water system management
program that conforms to minimum standards established by the
department, the Pennsylvania Public Utility Commission or any
Compact Basin Commission for water metering, meter testing
and replacement, leak detection, unaccounted-for water
tracking and reporting and conservation education; or
(2) provide for interconnection between water systems to
improve reliability.
§ 3121. Grants.
(a) Authorization.--The department is authorized to provide
grants for the following purposes:
(1) Reimbursement of up to 75% of the cost of preparing
a voluntary water use reduction plan under section 3120(a)(2)
(relating to water conservation).
(2) Water resources education, technical assistance and
water conservation, including the promotion of voluntary
reduction of unaccounted-for water loss, under section
3120(a).
(b) Funding.--Grants shall be made from funds available for
this purpose.
SUBCHAPTER C
ADMINISTRATION AND ENFORCEMENT
Sec.
3131. Administration.
3132. Public nuisance.
3133. Enforcement orders.
3134. Civil remedies.
3135. Preservation of rights and remedies.
3136. Relation to other laws.
§ 3131. Administration.
(a) Use of funds.--The department shall use fees collected
from the use of the Statewide data system to defray the
reasonable costs of administering sections 3117 (relating to
Statewide data system) and 3118 (relating to water use
registration and reporting).
(b) Public records and confidentiality of information.--
Except as provided in section 3119 (relating to confidential
information) or in another statute, reports and other
information obtained by the Statewide committee, a regional
committee or the department under this chapter shall be a matter
of public record and shall be available for inspection and
review at the offices of the department, the Statewide committee
or the appropriate regional committee.
(c) Investigations and inspections.--To determine compliance
with this chapter, the department is authorized, during
reasonable hours and upon reasonable notice, to make such
reasonable inspections, conduct such reasonable tests or
sampling or examine books, papers and records related
specifically to any withdrawal under investigation pursuant to
section 3118 (relating to water use registration and reporting)
as it deems necessary.
(d) Water Resources Fund.--Fines and penalties collected
under this chapter shall be paid into the State Treasury in a
special fund known as the Water Resources Fund. This fund shall
be administered by the department to carry out the purposes of
this chapter.
(e) Use of other funds.--Money in the Clean Water Fund
established by the act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law, may be used by the department
for purposes of this chapter.
§ 3132. Public nuisance.
(a) General rule.--A violation of this chapter or an order
or regulation under this chapter shall constitute a public
nuisance.
(b) Applicability of other law.--Nothing in this chapter
shall be construed as affecting the application of 18 Pa.C.S. §
5101 (relating to obstructing administration of law or other
governmental function).
§ 3133. Enforcement orders.
(a) Issuance.--The department may issue orders necessary to
aid in the enforcement of this chapter. An order may be issued
if the department finds that a person is in violation of this
chapter or of a regulation issued under this chapter. The
department may, in its order, require compliance with terms and
conditions necessary to effect the purposes of this chapter.
(b) Effective date.--An order issued under this section
shall take effect upon notice unless the order specifies
otherwise.
(c) Other remedies preserved.--The right of the department
to issue an order under this section is in addition to any
penalty which may be imposed or any other action taken under
this chapter.
(d) Duty to comply.--It shall be the duty of any person to
proceed diligently to comply with any order issued by the
department under this section. If such person fails to proceed
diligently or fails to comply with the order within such time,
if any, which may be specified in the order, the person shall be
guilty of contempt and shall be punished by the court in an
appropriate manner. For this purpose, application may be made by
the department to the Commonwealth Court, which court is hereby
granted jurisdiction.
§ 3134. Civil remedies.
(a) Abatement of nuisances.--An activity or condition
declared to be a public nuisance under section 3132 (relating to
public nuisance) shall be restrained or prevented in the manner
provided by law or equity for abatement of public nuisances, and
the reasonable expense thereof may be recovered from the
violator.
(b) Civil remedies.--The department may bring an action in
any court of competent jurisdiction to restrain and abate the
violation of this chapter or any regulation issued under this
chapter. Any other provision of law to the contrary
notwithstanding, the courts of common pleas and Commonwealth
Court shall have jurisdiction of such actions, and venue in such
actions shall be set forth in the Pennsylvania Rules of Civil
Procedure concerning actions in assumpsit.
(c) Civil penalties.--In addition to proceeding under any
other remedy available under this chapter for the violation of
any provision of this chapter or any regulation or order issued
under this chapter, the department may assess a civil penalty
upon a person for such violation. The maximum civil penalty that
may be assessed is $1,000 per day for each violation. Each
violation of any provision of this chapter and each violation
for each separate day shall constitute a separate and distinct
offense. The civil penalty may be assessed whether or not the
violation was willful or negligent. In determining the amount of
a civil penalty, the department shall consider the degree of
willfulness and duration of the violation, savings resulting to
the person as the result of the violation, the damage to water
resources of this Commonwealth resulting from the violation and
other relevant factors. When the department proposes to assess a
civil penalty, it shall inform the person of the proposed amount
of such penalty. The person charged with the civil penalty shall
then have 30 days to pay the proposed penalty in full or, if the
person wishes to contest either the amount of the penalty or the
fact of the violation, the person shall within the 30-day period
file an appeal of the action with the Environmental Hearing
Board. Failure to appeal within the 30-day period shall result
in a waiver of all legal rights to contest the violation and the
amount of the civil penalty.
(d) Remedies to be concurrent.--The remedies prescribed in
this chapter shall be deemed concurrent, and the existence or
exercise of any remedy shall not prevent the department from
exercising any other remedy under this chapter, at law or in
equity.
§ 3135. Preservation of rights and remedies.
(a) Other remedies.--The collection of a penalty under this
chapter shall not be construed as estopping the Commonwealth, a
municipality or an authorized agency from proceeding in courts
of law or equity to abate public nuisances under existing law.
(b) Remedies additional and cumulative.--It is declared to
be the purpose of this section to provide additional and
cumulative remedies to protect the public interest in the water
resources of this Commonwealth.
(c) Pending suits.--This chapter does not apply to suits
instituted prior to its effective date.
§ 3136. Relation to other laws.
(a) Limitations upon department.--Nothing contained in this
chapter shall be construed to authorize, diminish or expand the
existing authority of the department, including the
Environmental Quality Board, to regulate, control or require
permits for the withdrawal or use of water. Nothing contained in
this chapter shall be construed to authorize, diminish or expand
the existing authority of the department under the act of June
22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
Further, nothing set forth in this chapter, any regulations
adopted under this chapter or in the State water plan shall
authorize the department to take any action to:
(1) Modify or impair any permits, agreements or other
approvals issued under other State statutes or vested rights
related to water withdrawals or uses.
(2) Interfere with or impose additional conditions upon
the use or operation of any existing reservoir or water
storage facility.
(3) Regulate or impose any conditions upon any activity
or use not currently authorized under applicable State
statutes and regulations.
(b) Limitations on water allocation authority.--The General
Assembly reiterates the declarations of other statutes
reflecting the need to manage water resources on a watershed
basis without respect to political boundaries and the
understanding that water management programs should be based
upon an accurate and current State water plan. Accordingly, no
political subdivision shall have any power to allocate water
resources or to regulate the location, amount, timing, terms or
conditions of any water withdrawal by any person.
(c) Limitations on municipalities.--Nothing in subsection
(b) shall affect the power of any municipality to adopt and
enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to
emergency management services) or regulate the use of land
pursuant to the Pennsylvania Municipalities Planning Code or
other laws. Further, each municipality shall retain and may
exercise such authority as conferred by other statutes to adopt
ordinances and regulations concerning:
(1) mandatory connection to and use of available public
water supplies; and
(2) the prohibition or regulation of withdrawals from
particular sources of water that may be contaminated in order
to protect public health and safety from exposure to the
contamination or avoid the induced migration of the
contamination.
(d) Limitations relating to compacts.--Nothing in this
chapter shall be construed to supersede or abrogate any
provisions of the act of July 7, 1961 (P.L.518, No.268), known
as the Delaware River Basin Compact, or the act of July 17, 1968
(P.L.368, No.181), referred to as the Susquehanna River Basin
Compact Law, and this chapter shall be construed in pari materia
with such compacts.
Section 3. Repeals are as follows:
(1) The act of May 20, 1993 (P.L.38, No.11), known as
the Department of Environmental Resources Agricultural
Advisory Board Act, is repealed.
(2) All acts and parts of acts are repealed insofar as
they are inconsistent with the addition of 27 Pa.C.S. Ch. 31.
Section 4. The addition of 27 Pa.C.S. Ch. 7 is a
continuation of the act of May 20, 1993 (P.L.38, No.11), known
as the Department of Environmental Resources Agricultural
Advisory Board Act. The following apply:
(1) Except as otherwise provided in 27 Pa.C.S. Ch. 7,
all activities initiated under the Department of
Environmental Resources Agricultural Advisory Board Act shall
continue and remain in full force and effect and may be
completed under 27 Pa.C.S. Ch. 7. Orders, regulations, rules
and decisions which were made under the Department of
Environmental Resources Agricultural Advisory Board Act and
which are in effect on the effective date of section 3 of
this act shall remain in full force and effect until revoked,
vacated or modified under 27 Pa.C.S. Ch. 7.
(2) Except as set forth in paragraph (3), any difference
in language between 27 Pa.C.S. Ch. 7 and the Department of
Environmental Resources Agricultural Advisory Act is intended
only to conform to the style of the Pennsylvania Consolidated
Statutes and is not intended to change or affect the
legislative intent, judicial construction or administration
and implementation of the Department of Environmental
Resources Agricultural Advisory Board Act.
(3) Paragraph (2) does not apply to the addition of 27
Pa.C.S. § 702(b) and (c).
Section 5. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The following provisions shall take effect in 60
days:
(i) The addition of 27 Pa.C.S. Ch. 7.
(ii) Section 3(1) of this act.
(iii) Section 4 of this act.
(3) The remainder of this act shall take effect in 90
days.
APPROVED--The 16th day of December, A. D. 2002.
MARK S. SCHWEIKER
Tuesday, March 17, 2015
HB 2302 AN ACT Amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, codifying the act of May 20, 1993 (P.L.38, No.11)
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