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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, KITCHEN, LEACH, RAFFERTY, BOSCOLA, GREENLEAF, ERICKSON, ALLOWAY, TOMLINSON, COSTA, FERLO, WASHINGTON, DINNIMAN, VANCE, WONDERLING, HUGHES, BAKER AND FARNESE, APRIL 23, 2009 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 23, 2009 |
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| AN ACT |
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1 | Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An |
2 | act providing for safe drinking water; imposing powers and |
3 | duties on the Department of Environmental Resources in |
4 | relation thereto; and appropriating certain funds," further |
5 | providing for safe drinking water, for definitions, for |
6 | powers and duties of the Department of Environmental |
7 | Protection and for civil and criminal penalties; and making |
8 | editorial changes. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The definition of "department" in section 3 of |
12 | the act of May 1, 1984 (P.L.206, No.43), known as the |
13 | Pennsylvania Safe Drinking Water Act, is amended and the section |
14 | is amended by adding definitions to read: |
15 | Section 3. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | * * * |
20 | "Critical zone." For surface water intakes, the critical |
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1 | zone is the area that extends from one-quarter mile downstream |
2 | of a drinking water intake for a community water system to 25 |
3 | miles upstream from the intake, including an area one-quarter |
4 | mile upland from the bank of the surface water body. For |
5 | groundwater wells which provide water for a community water |
6 | system, the term includes the capture zone of the source, which |
7 | shall be deemed to be the circular area within a radius of one- |
8 | half mile from the well, unless a more detailed wellhead |
9 | protection area has been established by the Department of |
10 | Environmental Protection. |
11 | "Department." The Department of Environmental [Resources] |
12 | Protection. |
13 | * * * |
14 | "Groundwater." Water beneath the surface of the ground that |
15 | exists in a zone of saturation. |
16 | * * * |
17 | "Surface waters." Water on the surface of the earth, |
18 | including water in a perennial or intermittent stream, river, |
19 | lake, reservoir, pond, spring, wetland, swamp, marsh, natural |
20 | seep, estuary or other surface water, whether such body of water |
21 | is natural or artificial. |
22 | * * * |
23 | "Wellhead." A groundwater well source that is used for |
24 | community water systems. |
25 | "Wellhead protection area." The surface and subsurface area |
26 | surrounding water well or wellfield, supplying a public water |
27 | system, through which contaminants are reasonably likely to move |
28 | toward and reach such water well or wellfield. |
29 | "Zone I." The circular area within a radius of 100 to 400 |
30 | feet from the well, based on site specific source and aquifer |
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1 | characteristics. |
2 | "Zone II." The capture zone of the source which shall be |
3 | deemed to be the circular area within a radius of one-half mile |
4 | from the source, unless a more detailed wellhead protection area |
5 | has been established by the Department of Environmental |
6 | Protection or a delineation is conducted by a registered |
7 | professional geologist and approved by the department. |
8 | Section 2. The act is amended by adding sections to read: |
9 | Section 7.1. Applications and requests for approval for |
10 | facilities and activities in the critical zone. |
11 | (a) Applicants.--An applicant for a facility, a discharge or |
12 | other activity in a critical zone that requires a department |
13 | permit or approval must demonstrate in its application or |
14 | request for approval that the facility, discharge or other |
15 | activity will not degrade the existing water quality of the |
16 | critical zone. |
17 | (b) Issuance of permits and approvals in critical zones.-- |
18 | The department shall not issue a permit or approval for any |
19 | facility, discharge or other activity within a critical zone |
20 | unless the applicant or other person proposing the facility, |
21 | discharge or other activity demonstrates that the facility, |
22 | discharge or other activity will not degrade the existing water |
23 | quality of the critical zone. |
24 | (c) Powers and duties of Environmental Quality Board and |
25 | department.-- |
26 | (1) The Environmental Quality Board is authorized to |
27 | promulgate rules and regulations to carry out the purposes of |
28 | this act. |
29 | (2) The department may issue orders and take such other |
30 | actions as are necessary to carry out the purposes of this |
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1 | act. |
2 | (d) Declaration of public nuisance.-- |
3 | (1) A violation of this act, the rules and regulations |
4 | promulgated thereto, or any orders issued thereunder, is |
5 | hereby declared to be a nuisance, abatable in law or equity, |
6 | by the department, the district attorney of any county or the |
7 | solicitor of any municipality affected or by a citizen. |
8 | (2) Any facility, discharge or other activity that |
9 | requires a permit or approval from the department that |
10 | degrades the water quality of a critical zone is hereby |
11 | declared to be unlawful and a nuisance, abatable in law or |
12 | equity, by the department, the district attorney of any |
13 | county or the solicitor of any municipality affected, or by a |
14 | citizen. |
15 | Section 7.2. Wellhead protection. |
16 | (a) Municipal ordinance.--Each municipality which has |
17 | adopted or which in the future adopts a zoning ordinance, |
18 | including any joint municipal zoning ordinance, shall also |
19 | adopt, implement and enforce a wellhead protection ordinance if: |
20 | (1) One or more wellheads exist within the municipality. |
21 | (2) Zone I or Zone II of a wellhead exists within the |
22 | municipality. |
23 | (3) A wellhead or Zone I or Zone II of a wellhead is |
24 | created in that municipality at any time in the future. |
25 | (b) Restrictions.--The wellhead protection ordinance |
26 | required by this subsection shall regulate land use in Zone I |
27 | and Zone II, restricting establishment or operation of land uses |
28 | that could cause contamination of groundwater that supplies |
29 | wellheads for community water systems. |
30 | (c) Departmental regulations.--The department shall develop |
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1 | regulations governing the adoption of such an ordinance and |
2 | shall establish the form and content of a model wellhead |
3 | protection ordinance. Such a model ordinance shall include |
4 | acceptable methodologies for the delineation of Zone I and Zone |
5 | II, shall enumerate the land uses to be regulated under the |
6 | ordinance and the restrictions applicable to such land uses in |
7 | Zone I and Zone II, and shall set forth any appropriate |
8 | exceptions, enforcement procedures and reporting requirements. |
9 | These regulations and the model wellhead protection ordinance |
10 | shall be deemed to establish Statewide minimum requirements for |
11 | wellhead protection. Nothing in this act shall be deemed to |
12 | limit, restrict or prohibit the power of any municipality to |
13 | establish requirements for wellhead protection that are more |
14 | stringent than those set forth in this act, or in the |
15 | department's regulations or the model wellhead protection |
16 | ordinance established under this section. |
17 | Section 7.3. Surface water intake protection. |
18 | (a) Municipal ordinance.--Each municipality which has |
19 | adopted or in the future adopts a zoning ordinance, including |
20 | any joint municipal zoning ordinance, shall also adopt, |
21 | implement and enforce a surface water intake protection |
22 | ordinance if: |
23 | (1) One or more surface water intakes exist within the |
24 | municipality. |
25 | (2) The critical zone of an intake exists within the |
26 | municipality. |
27 | (3) An intake or critical zone of an intake is created |
28 | in that municipality at any time in the future. |
29 | (b) Restrictions.--The surface water intake ordinance |
30 | required by this section shall regulate land use near any |
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1 | surface water intake and the critical zone for such intakes, |
2 | restricting establishment or operation of land uses that could |
3 | cause contamination of water that supplies the intake for |
4 | community water systems. |
5 | (c) Departmental regulations.--The department shall develop |
6 | regulations governing the adoption of such an ordinance and |
7 | shall establish the form and content of a surface water intake |
8 | protection ordinance. Such a model ordinance shall enumerate the |
9 | land uses to be regulated under the ordinance and the |
10 | restrictions applicable to such land uses in the critical zone |
11 | and shall set forth any appropriate exceptions, enforcement |
12 | procedures and reporting requirements. These regulations and the |
13 | model ordinance shall be deemed to establish Statewide minimum |
14 | requirements for surface water intake protection. Nothing in |
15 | this act shall be deemed to limit, restrict or prohibit the |
16 | power of any municipality to establish requirements for surface |
17 | water intake protection that are more stringent than those set |
18 | forth in this act, or in the department's regulations or the |
19 | model wellhead protection ordinance established under this |
20 | section. |
21 | Section 7.4. Civil and criminal penalties. |
22 | (a) Civil penalties.-- |
23 | (1) In addition to proceeding under any other remedy |
24 | available at law or in equity for a violation of a provision |
25 | of this act or any rule or regulation promulgated under this |
26 | act or any order issued pursuant to this act, the department |
27 | may assess a civil penalty for the violation. The penalty may |
28 | be assessed whether or not the violation was willful. The |
29 | civil penalty so assessed shall not exceed $25,000 per day |
30 | for each violation. In determining the amount of the penalty, |
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1 | the department shall consider the willfullness of the |
2 | violation; damage to water or other natural resources of the |
3 | Commonwealth or their uses; financial benefit to the person |
4 | in consequence of the violation; deterrence of future |
5 | violations; cost to the department; the nature and size of |
6 | the affected resource and the facility, activity or land use |
7 | causing the violation; the compliance history of the |
8 | violator; the severity and duration of the violation; degree |
9 | of cooperation in resolving the violation; the speed with |
10 | which compliance is ultimately achieved; whether the |
11 | violation was voluntarily reported; and other relevant |
12 | factors. |
13 | (2) The civil penalty shall be payable to the Safe |
14 | Drinking Water Account and shall be collectible in any manner |
15 | provided by law for the collection of debts, including the |
16 | collection of interest at the rate established by law, which |
17 | shall run from the date of assessment of the penalty. Upon |
18 | failure by the liable person to pay such penalty after |
19 | demand, the amount, together with interest and any costs that |
20 | may accrue, shall constitute a debt of such person, to the |
21 | Safe Drinking Water Account. The debt shall constitute a lien |
22 | on all property owned by said person when a notice of lien |
23 | incorporating a description of the property of the person |
24 | subject to the action is duly filed with the prothonotary of |
25 | the court of common pleas where the property is located. Upon |
26 | entry by the prothonotary, the lien shall attach to the |
27 | revenues and all real and personal property of the person, |
28 | whether or not the person is solvent. The notice of lien |
29 | shall create a lien with priority over all subsequent claims |
30 | or liens which are filed against the person. |
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1 | (b) Criminal penalties.-- |
2 | (1) Any person who violates any provision of this act, |
3 | any rule or regulation adopted under this act, or any order |
4 | of the department issued pursuant to this act commits a |
5 | summary offense and shall, upon conviction, be sentenced to |
6 | pay a fine of not less than $100 nor more than $2,500 for |
7 | each separate offense and, in default of the payment of such |
8 | fine, may be sentenced to imprisonment for 90 days for each |
9 | separate offense. Employees of the department authorized to |
10 | conduct inspections or investigations are hereby declared to |
11 | be law enforcement officers authorized to issue or file |
12 | citations for summary violations under this act, and the |
13 | General Counsel is hereby authorized to prosecute these |
14 | offenses. For purposes of this subsection, a summary offense |
15 | may be prosecuted before any district justice in the county |
16 | where the offense occurred. |
17 | (2) Any person who willfully or negligently violates any |
18 | provision of this act any rule or regulation adopted under |
19 | this act or any order of the department issued pursuant to |
20 | this act commits a misdemeanor of the third degree and shall, |
21 | upon conviction, be sentenced to pay a fine of not less than |
22 | $2,500 nor more than $50,000 for each separate offense or to |
23 | imprisonment for a period of not more than two years for each |
24 | separate offense, or both. |
25 | Section 7.5. Other enforcement. |
26 | Any person may commence a civil action to compel compliance |
27 | with this act or any rule, regulation or order issued pursuant |
28 | to this act. In addition to seeking to compel compliance, any |
29 | person may request the court to award civil penalties. The court |
30 | shall use the factors and amounts contained in section 6(a) in |
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1 | awarding civil penalties under this section. Such penalties |
2 | shall be paid into the Safe Drinking Water Account. |
3 | Section 3. This act shall take effect in 180 days. |
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