PRINTER'S NO. 2152

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1525 Session of 1986


        INTRODUCED BY REIBMAN, BRIGHTBILL, STAPLETON, MUSTO, WILT,
           MADIGAN, LINCOLN, WENGER, KELLEY AND LEMMOND, MAY 13, 1986

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 13, 1986

                                     AN ACT

     1  Amending Title 32 (Forests, Waters and State Parks) of the
     2     Pennsylvania Consolidated Statutes, providing for water
     3     resources planning and emergency management; creating the
     4     State Water Resources Board and regional water resources
     5     boards and giving them powers and duties; providing
     6     penalties; and making an appropriation.

     7                         TABLE OF CONTENTS
     8                              TITLE 32
     9                  FORESTS, WATERS AND STATE PARKS
    10    PART III.  WATER RESOURCES PLANNING AND EMERGENCY MANAGEMENT
    11  Chapter 51.  General Provisions
    12     Subchapter A.  Preliminary Provisions
    13  § 5101.  Short title of part.
    14  § 5102.  Definitions.
    15  § 5103.  Declaration of policy.
    16  § 5104.  Purpose of part.
    17     Subchapter B.  Intergovernmental Cooperation
    18  § 5111.  Intergovernmental cooperation and coordination.
    19  § 5112.  Administrative agreements with other agencies.


     1  Chapter 53.  Water Resources Planning
     2  § 5301.  Plan.
     3  § 5302.  Plan contents.
     4  § 5303.  Regional boards.
     5  § 5304.  State Water Resources Board.
     6  § 5305.  Development, adoption, amendment and periodic review of
     7             State plan.
     8  § 5306.  Water use registration and reporting.
     9  § 5307.  Water conservation credits.
    10  Chapter 55.  Administration and Enforcement
    11  § 5501.  Administration.
    12  § 5502.  Public nuisances.
    13  § 5503.  Enforcement orders.
    14  § 5504.  Civil remedies.
    15  § 5505.  Criminal penalties.
    16  § 5506.  Preservation of rights and remedies.
    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Title 32 of the Pennsylvania Consolidated
    20  Statutes is amended by adding a part to read:
    21                              PART III
    22         WATER RESOURCES PLANNING AND EMERGENCY MANAGEMENT
    23  Chapter
    24    51.  General Provisions
    25    53.  Water Resources Planning
    26    55.  Administration and Enforcement
    27                             CHAPTER 51
    28                         GENERAL PROVISIONS
    29  Subchapter
    30     A.  Preliminary Provisions
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     1     B.  Intergovernmental Cooperation
     2                            SUBCHAPTER A
     3                       PRELIMINARY PROVISIONS
     4  Sec.
     5  5101.  Short title of part.
     6  5102.  Definitions.
     7  5103.  Declaration of policy.
     8  5104.  Purpose of part.
     9  § 5101.  Short title of part.
    10     This part shall be known and may be cited as the Water
    11  Resources Planning and Emergency Management Code.
    12  § 5102.  Definitions.
    13     Subject to additional definitions contained in subsequent
    14  provisions of this part which are applicable to specific
    15  provisions of this part, the following words and phrases when
    16  used in this part shall have the meanings given to them in this
    17  section unless the context clearly indicates otherwise:
    18     "Board."  The State Water Resources Board established in
    19  section 5304 (relating to State Water Resources Board).
    20     "Conservation district."  A county which had been declared a
    21  conservation district by a resolution of its board of county
    22  commissioners.
    23     "Department."  The Department of Environmental Resources of
    24  the Commonwealth.
    25     "Domestic use."  The use of water for personal needs and
    26  household purposes.
    27     "Emergency plan."  The portion of the State plan or regional
    28  plan that consists of a review and evaluation of alternative
    29  emergency management actions and recommended programs and
    30  provisions to meet water resources needs which arise during a
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     1  water resources emergency.
     2     "Ground water."  Water beneath the surface of the ground,
     3  whether or not flowing through known and definite channels. The
     4  term includes water contained in aquifers, artesian and
     5  nonartesian basins, underground water courses and other bodies
     6  of water below the surface of the earth.
     7     "Hydrologic unit."  A unit of surface or ground waters, or
     8  both, which are interconnected and hydrologically related. The
     9  term includes a surface watershed or basin, ground-water basin,
    10  aquifer or aquifer system.
    11     "Management."  Actions and activities undertaken during water
    12  resources emergencies to develop, conserve, protect and regulate
    13  the water resources of this Commonwealth.
    14     "Person."  An individual partnership, association,
    15  corporation, municipality, municipal authority, Commonwealth or
    16  Federal administrative agency, and an entity which is recognized
    17  by law as the subject of rights and obligations.
    18     "Plan amendment."  An amendment to the State plan adopted in
    19  accordance with section 5305 (relating to development, adoption,
    20  amendment and periodic review of State plan).
    21     "Reasonable and beneficial use."  The use of water for a
    22  useful and productive purpose which is reasonable and consistent
    23  with the public interest, in a quantity and manner as is
    24  necessary for efficient utilization. The term includes domestic,
    25  agricultural, industrial, commercial, energy development and
    26  production, municipal, navigation, fish and wildlife and
    27  recreational uses.
    28     "Reasonable conservation practices and measures."  Those
    29  practices and measures which are technically feasible and
    30  economically practicable and which are designed to:
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     1         (1)  reduce the demand for water;
     2         (2)  improve efficiency in water use and reduce leakage,
     3     losses, and waste of water;
     4         (3)  improve reuse and recycling of water; or
     5         (4)  improve land management practices to conserve water.
     6     "Region."  One of the six regions established in section 5303
     7  (relating to regional boards).
     8     "Regional board."  A regional board established in section
     9  5303 (relating to regional boards).
    10     "Regional plan."  The Regional Water Resources Plan and
    11  Regional Water Resources Emergency Plan adopted under section
    12  5305 (relating to development, adoption, amendment and periodic
    13  review of State plan).
    14     "Secretary."  The Secretary of Environmental Resources of the
    15  Commonwealth.
    16     "State plan."  The plan adopted under section 5305 (relating
    17  to development, adoption, amendment and periodic review of State
    18  plan).
    19     "Surface water."  Water on the surface of the earth. The term
    20  includes water in a watercourse, lake, reservoir, pond, spring,
    21  swamp or marsh and includes diffused surface water, whether
    22  natural or artificial.
    23     "Water availability evaluation."  An assessment of available
    24  water in an area, both ground water and surface water, including
    25  natural recharge capability, and an estimate of the present uses
    26  and of the uses for 20 years ahead, by various categories, such
    27  as in-stream, agricultural, domestic, energy development and
    28  production, industrial and recreational uses.
    29     "Watercourse."  A distinct natural or artificial body of
    30  water flowing perennially or intermittently in a defined channel
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     1  with bed and banks. The term includes a river, creek, stream,
     2  slough or canal.
     3     "Water resources emergency."  A drought or other condition
     4  that would result in a substantial and immediate shortage of
     5  available water supply in a region and that would be of
     6  sufficient severity and magnitude to warrant coordinated action
     7  to prevent or alleviate damage to property; human suffering;
     8  hardship; or threats to health, safety and welfare.
     9     "Water resources of this Commonwealth."  Water on or beneath
    10  the surface of the earth, including waters within or on the
    11  boundaries of this Commonwealth.
    12     "Withdrawal."  The diversion, removal or taking of water from
    13  surface water or ground water.
    14  § 5103.  Declaration of policy.
    15     The General Assembly finds and declares that:
    16         (1)  The water resources of this Commonwealth are
    17     invaluable assets that must be used and conserved
    18     responsibly. The Commonwealth has a vital interest in
    19     ensuring that these water resources are available for the
    20     present and future use and enjoyment of its citizens.
    21         (2)  Planning for and development of an adequate supply
    22     of water are necessary to minimize the effects of recurring
    23     periods of drought and the increasing use of water which may
    24     threaten to create water shortages. Severe water shortages
    25     could render the water resources incapable of meeting
    26     essential needs, cause conflicts between diverse users of
    27     water resources, disrupt or damage economic activities and
    28     contribute to water pollution and unsanitary conditions.
    29     These things could be detrimental to the health, safety and
    30     welfare of the citizens of this Commonwealth.
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     1         (3)  The agriculture, employment, industry, energy
     2     development and production, economic development,
     3     environmental quality and government of this Commonwealth and
     4     the health, safety and welfare of its citizens are, and will
     5     continue to be, vitally affected by the use, conservation and
     6     management of the water resources of this Commonwealth.
     7         (4)  Ground water and surface water are interconnected
     8     and part of a single hydrologic resource. Failure to
     9     recognize this could foster conflicts between competing
    10     users, discourage investment and economic development and
    11     prevent the most efficient utilization of the water resources
    12     of this Commonwealth.
    13         (5)  The multiple uses of water resources for municipal,
    14     public, industrial, commercial, agricultural, navigation,
    15     energy development and production, recreation, water-quality
    16     maintenance and conservation of fish and wildlife purposes
    17     are encouraged.
    18         (6)  Comprehensive water resource planning affects
    19     specific regions. Comprehensive water resource planning
    20     should consider region-specific needs and conditions and vest
    21     planning authority in regional interests.
    22         (7)  Comprehensive water resources planning must
    23     distinguish between short-term and long-term conditions,
    24     impacts, needs and solutions to ensure appropriate and cost-
    25     effective responses to water resources planning issues,
    26     including planning issues related to water resources
    27     emergencies.
    28         (8)  Comprehensive water resource planning should provide
    29     for a wide variety of current and future water uses.
    30     Effective planning must provide flexibility to encourage,
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     1     promote and facilitate independent efforts by agricultural,
     2     municipal, domestic, public water supply, commercial, energy
     3     development and production and industrial users of water to
     4     implement reasonable conservation practices and measures that
     5     would not otherwise be required by this part.
     6  § 5104.  Purpose of part.
     7     The purpose of this part is to facilitate and support
     8  comprehensive and systematic planning for the conservation,
     9  utilization, evaluation and development of the water resources
    10  of this Commonwealth, recognizing that:
    11         (1)  Water resources are both finite and renewable.
    12         (2)  The most practicable accommodation and balance among
    13     multiple water uses will assure the greatest benefits to the
    14     citizens of this Commonwealth.
    15         (3)  Ground water and surface water can often be
    16     effectively developed and used conjunctively.
    17         (4)  Close coordination and cooperation among Federal,
    18     interstate, State and political subdivision agencies, and
    19     public and private organizations in matters relating to the
    20     water resources of this Commonwealth are in the public
    21     interest.
    22                            SUBCHAPTER B
    23                   INTERGOVERNMENTAL COOPERATION
    24  Sec.
    25  5111.  Intergovernmental cooperation and coordination.
    26  5112.  Administrative agreements with other agencies.
    27  § 5111.  Intergovernmental cooperation and coordination.
    28     The board, the regional boards and the department shall
    29  cooperate and coordinate with appropriate river basin
    30  commissions and Federal, interstate, State and political
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     1  subdivisions, public water supply and other agencies for
     2  efficient planning for the maintenance and enhancement of the
     3  water resources of this Commonwealth.
     4  § 5112.  Administrative agreements with other agencies.
     5     The board and the department shall, to the extent
     6  practicable, enter into administrative agreements with
     7  appropriate river basin commissions and Federal, interstate and
     8  other agencies for the following purposes:
     9         (1)  To facilitate the submission and coordinated review
    10     of project approvals.
    11         (2)  To avoid unnecessary duplication of staff functions
    12     and hearings related to project approvals.
    13         (3)  To provide for coordinated inspection, monitoring
    14     and enforcement of applicable statutes and regulations.
    15         (4)  To accept delegations of authority from a river
    16     basin commission or Federal or interstate agency concerning
    17     planning for the maintenance and enhancement of water
    18     resources.
    19         (5)  To coordinate the development of regional emergency
    20     plans and to ensure coordinated and effective responses to
    21     water resources emergencies.
    22                             CHAPTER 53
    23                      WATER RESOURCES PLANNING
    24  Sec.
    25  5301.  Plan.
    26  5302.  Plan contents.
    27  5303.  Regional boards.
    28  5304.  State Water Resources Board.
    29  5305.  Development, adoption, amendment and periodic review of
    30             State plan.
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     1  5306.  Water use registration and reporting.
     2  5307.  Water conservation credits.
     3  § 5301.  Plan.
     4     (a)  Preparation and adoption.--In accordance with this part
     5  and after consultation with the department or a consultant, each
     6  regional board shall draft, approve and recommend to the board a
     7  regional plan for adoption and incorporation into the State
     8  plan.
     9     (b)  Matters considered.--The State plan shall reflect the
    10  matters set forth in section 5302 (relating to plan contents).
    11     (c)  Limitation of authority.--Nothing contained in this part
    12  shall be construed to authorize or expand the authority of the
    13  department, including the Environmental Quality Board, to
    14  regulate, control or require permits for the withdrawal,
    15  diversion or use of water.
    16  § 5302.  Plan contents.
    17     (a)  General rule.--The State plan and each regional plan
    18  shall include:
    19         (1)  An inventory of the surface water resources of each
    20     region of this Commonwealth, including an estimate of the
    21     reliable yields for instream and withdrawal uses during
    22     periods of drought.
    23         (2)  An inventory of the ground water resources of each
    24     region of this Commonwealth, including an identification of
    25     aquifers and ground water basins and an assessment of their
    26     reliable yields, recharge capacity, withdrawal limits and
    27     relationship to stream base flows.
    28         (3)  An identification of instream use needs, including
    29     flows required to support and sustain navigation, fisheries,
    30     wildlife, the aquatic environment, important recreational
    19860S1525B2152                 - 10 -

     1     uses, energy development and production, waste assimilative
     2     capacity and the values of water courses included within this
     3     Commonwealth or Federal wild and scenic river systems.
     4         (4)  An assessment and projection of existing and future
     5     withdrawal use demands for domestic, public water supply,
     6     agricultural, energy development and production, commercial,
     7     industrial and other uses.
     8         (5)  An assessment of flood damage and storm water
     9     management problems.
    10         (6)  An assessment of navigation needs and the means for
    11     restoration, development and improvement of transportation by
    12     water.
    13         (7)  An assessment of the water resources required to
    14     serve areas with important or unique natural, scenic,
    15     environmental or recreational values of national, regional or
    16     Statewide significance, including national and State parks;
    17     designated wild, scenic and recreational rivers; national and
    18     State wildlife refuges; and the habitat of designated
    19     endangered or threatened species.
    20         (8)  An assessment of both structural and nonstructural
    21     alternatives to address identified water resources problems
    22     or needs, improve existing supplies and develop new supplies.
    23     This paragraph includes an economic and environmental
    24     evaluation of potential Federal, State or regional water
    25     supply projects that may affect the water resources of each
    26     region.
    27         (9)  A review and evaluation of statutes, regulations,
    28     policies and institutional arrangements for the development,
    29     conservation, distribution and emergency management of water
    30     resources.
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     1         (10)  A review and evaluation of water resources
     2     management alternatives and recommended programs, policies,
     3     institutional arrangements, projects and other provisions to
     4     meet the water resources needs of each region and of this
     5     Commonwealth.
     6         (11)  A review and evaluation of alternative emergency
     7     management actions that reflect the considerations set forth
     8     in subsection (d) and recommended programs and provisions to
     9     meet the water resources needs of each region and of this
    10     Commonwealth that may arise during a water resources
    11     emergency.
    12     (b)  Considerations.--Each regional plan shall consider:
    13         (1)  The needs and priorities reflected in local, county
    14     and regional comprehensive environmental and natural
    15     resources plans and actions.
    16         (2)  Regional water resources needs and objectives as
    17     identified and evaluated by the regional board.
    18         (3)  National, State and interstate water resources
    19     policies and objectives, including those identified in
    20     statutes, regulations, compacts, interstate agreements or
    21     comprehensive plans adopted by Federal and State
    22     administrative agencies and basin commissions.
    23         (4)  The benefits and costs and social and environmental
    24     impacts of alternative policies, programs and projects.
    25     (c)  Water availability evaluations.--Each regional plan
    26  shall include a water availability evaluation for each
    27  significant hydrologic unit within which the regional board
    28  finds that existing or future demands exceed or threaten to
    29  exceed the limits of available water resources. Each water
    30  availability evaluation shall include:
    19860S1525B2152                 - 12 -

     1         (1)  An identification of existing and future reasonable
     2     and beneficial uses, including instream and withdrawal uses.
     3         (2)  A quantitative assessment of the available water
     4     resources and their relationship to existing and future
     5     reasonable and beneficial uses, including instream and
     6     withdrawal uses.
     7         (3)  An identification of the quantity of water available
     8     for new or increased uses of water in the foreseeable future.
     9         (4)  An identification of reserves required for future
    10     water uses associated with planned projects or developments
    11     necessary to serve the public interest.
    12         (5)  An identification of practicable alternatives for
    13     improving, increasing and developing an adequate supply of
    14     water to satisfy existing and future reasonable and
    15     beneficial uses.
    16         (6)  An identification of alternative policies,
    17     procedures and institutional arrangements, including, but not
    18     limited to, regulatory programs, that may be necessary to
    19     achieve a balance between available water resources and
    20     existing and future reasonable and beneficial uses.
    21     (d)  Emergency plans.--
    22         (1)  The State plan and each regional plan shall include
    23     emergency plans.
    24         (2)  An emergency plan shall include, but not be limited
    25     to:
    26             (i)  Alternative criteria for identifying the onset
    27         of a water resources emergency according to various
    28         stages of severity, based on such factors as stream
    29         flows, ground water levels, available reservoir storage,
    30         precipitation and season of the year.
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     1             (ii)  Alternative provisions establishing the
     2         relative priorities of water uses in various stages of an
     3         emergency based on a reasonable system of classification
     4         according to type of use, water sources, method of
     5         withdrawal and other relevant factors.
     6             (iii)  Alternative emergency management actions to be
     7         taken at various stages of an immediate emergency to
     8         ensure equitable sharing of available water supplies and
     9         conservation of water resources.
    10             (iv)  Alternative emergency management actions
    11         designed to increase the availability of water,
    12         including, but not limited to, the use of water from
    13         underground mines.
    14             (v)  Information setting forth the available sources
    15         of water that may be utilized during a water resources
    16         emergency.
    17         (3)  The State emergency plan shall include the regional
    18     emergency plans.
    19     (e)  Actions.--
    20         (1)  The Governor, in declaring a water resources
    21     emergency in accordance with 35 Pa.C.S. Part V (relating to
    22     emergency management services), shall list the specific areas
    23     in a region within which a water resources emergency exists.
    24     If a water resources emergency exists in an area under the
    25     jurisdiction of a river basin commission, that commission
    26     shall be urged to cooperate with the Governor in consulting
    27     with the affected regional water resources board with the
    28     objective of declaring a water resources emergency within the
    29     smallest practicable geographic area.
    30         (2)  Whenever a water resources emergency is declared by
    19860S1525B2152                 - 14 -

     1     the Governor under 35 Pa.C.S. Part V or by a river basin
     2     commission pursuant to an interstate compact, the
     3     Pennsylvania Emergency Management Agency may, with the
     4     cooperation and assistance of the department and the regional
     5     board, undertake emergency management actions necessary to
     6     ensure equitable sharing of available water supplies and
     7     conservation of water resources in a manner consistent with
     8     the State plan.
     9         (3)  Emergency management actions must be consistent with
    10     the State plan and may include, but are not limited to, the
    11     following measures:
    12             (i)  Order the temporary reduction or suspension of
    13         nonessential and low priority water uses.
    14             (ii)  Order the temporary modification of conditions
    15         in existing withdrawals, including restrictions on the
    16         timing or quantity of withdrawals, except where
    17         withdrawals are necessary for the preservation of health
    18         and safety or to avoid damage, destruction or loss of
    19         property.
    20             (iii)  Direct the storage and release of water in
    21         public and private reservoir facilities that are subject
    22         to State regulation.
    23             (iv)  Cooperate with Federal agencies responsible for
    24         the operation of Federal reservoir facilities to develop
    25         and implement emergency schedules for the storage and
    26         release of water.
    27             (v)  Require the emergency interconnection of public
    28         and private water systems and prescribe the delivery of
    29         water through such interconnections, in such a manner
    30         that the following are met:
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     1                 (A)  The labor and materials required to complete
     2             the interconnection are supplied by the Pennsylvania
     3             Emergency Management Agency.
     4                 (B)  No public or private water system is subject
     5             to liability for injury to a person or property as a
     6             result of the interconnection.
     7             (vi)  Mandate implementation of specific water
     8         conservation measures.
     9             (vii)  Establish requirements for the issuance of
    10         emergency authorizations for withdrawal in excess of
    11         quantities prescribed by order issued under subparagraph
    12         (ii).
    13             (viii)  Establish methods to determine compensation
    14         for required emergency interconnections and for emergency
    15         use of water withdrawn from privately owned reservoirs,
    16         such as farm ponds, mines, swimming pools and quarries
    17         and from privately owned wells which may not be affected
    18         by a water resources emergency.
    19         (4)  To plan effective responses to a water resources
    20     emergency, the Pennsylvania Emergency Management Agency shall
    21     cooperate with the department, the board, regional boards,
    22     and appropriate Federal, interstate and other agencies. The
    23     agency may accept the delegation of authority from a river
    24     basin commission or Federal interstate agency relating to
    25     emergency management of water resources in this Commonwealth.
    26  § 5303.  Regional boards.
    27     (a)  Creation.--There is created as an independent entity
    28  within the department a board for each of the following regions:
    29         (1)  The watershed drainage area of the Delaware River
    30     and its tributaries, including subbasins 1-3, in the
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     1     following counties: Berks, Bucks, Carbon, Chester, Delaware,
     2     Lackawanna, Lebanon, Lehigh, Luzerne, Monroe, Montgomery,
     3     Northampton, Philadelphia, Pike, Schuylkill and Wayne.
     4         (2)  The watershed drainage area of the north and west
     5     branches of the Susquehanna River and their tributaries in
     6     the following counties: Bradford, Cameron, Centre,
     7     Clearfield, Clinton, Columbia, Elk, Jefferson, Lycoming,
     8     McKean, Montour, Potter, Sullivan, Susquehanna, Tioga, Union
     9     and Wyoming.
    10         (3)  The watershed drainage area of the Lower Susquehanna
    11     River and its tributaries below Sunbury, in the following
    12     counties: Blair, Cumberland, Dauphin, Huntingdon, Juniata,
    13     Lancaster, Mifflin, Northumberland, Perry, Snyder and York.
    14         (4)  The watershed drainage area of the Ohio River and
    15     its tributaries in the following counties: Allegheny,
    16     Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Forest,
    17     Greene, Indiana, Lawrence, Mercer, Venango, Warren,
    18     Washington and Westmoreland.
    19         (5)  The watershed drainage area of Lake Erie and the
    20     Genesee River and their tributaries in the following
    21     counties: Crawford and Erie.
    22         (6)  The watershed drainage area of the Potomac River and
    23     its tributaries in the following counties: Adams, Bedford,
    24     Franklin, Fulton and Somerset.
    25     (b)  Membership.--
    26         (1)  Each regional board shall be composed of:
    27             (i)  One member from each county in the region with a
    28         knowledge, background or understanding of water resources
    29         planning and management. In a conservation district, the
    30         member shall be appointed by the county governing body
    19860S1525B2152                 - 17 -

     1         from the county conservation district directors. In a
     2         county that is not a conservation district, the regional
     3         board representative shall be appointed by the governing
     4         body or, in the case of a city of the first class, by the
     5         mayor.
     6             (ii)  One member who is an officer or employee of a
     7         private or municipal water supplier providing residential
     8         services within the region and whose residence or
     9         principal place of business is within the region. The
    10         governing body of each affected county shall separately
    11         make recommendations to the Governor, who shall appoint
    12         the member from the recommendations.
    13             (iii)  Three members who represent industrial,
    14         commercial, energy development and production or
    15         agricultural users of water and whose residence or
    16         principal place of business is within the region. The
    17         governing body of each affected county shall separately
    18         make up to two recommendations to the Governor, who shall
    19         appoint from the recommendations not more than one member
    20         from a county within the region. In the event there are
    21         fewer than three counties in a region, the Governor may
    22         appoint up to two members from one county.
    23             (iv)  One member, appointed by the secretary, who is
    24         a department employee. This member shall advise the
    25         regional board without voting on any matter before the
    26         board.
    27         (2)  Members shall be appointed no later than 180 days
    28     after the effective date of this part.
    29         (3)  A member shall be appointed for a term of three
    30     years. Of the members first appointed by the Governor and
    19860S1525B2152                 - 18 -

     1     secretary, three members shall serve for terms of one year,
     2     and two members shall serve for terms of two years.
     3         (4)  Vacancies shall be filled for the remainder of an
     4     unexpired term in the same manner as original appointments. A
     5     member, upon expiration of the term, shall continue to hold
     6     office until a successor is appointed.
     7         (5)  A majority of the membership of a regional water
     8     resources board shall constitute a quorum for the transaction
     9     of board business. Action may be taken on a matter before the
    10     board by a majority vote of the full membership of the board.
    11         (6)  Members of a regional board shall serve without
    12     compensation but may be reimbursed, from funds specifically
    13     appropriated for such purposes, for necessary and reasonable
    14     travel and other expenses incurred during the performance of
    15     their duties.
    16         (7)  A chairman shall be elected by a majority vote of
    17     the full membership of the Regional Water Resources Board.
    18     (c)  Powers and duties.--A regional board has the following
    19  powers and duties:
    20         (1)  Consult with the department or a consultant prior to
    21     the preparation by the regional board of a draft regional
    22     plan that may be included in the State plan.
    23         (2)  Approve and recommend to the board the regional
    24     water plan for inclusion in the State plan.
    25         (3)  Develop and recommend to the board, the department
    26     and the Water Facilities Loan Board priorities for developing
    27     and financing of Federal, State and regional water supply
    28     projects within the region.
    29         (4)  Utilize an open process, including public notice and
    30     at least one public hearing, to solicit comments from
    19860S1525B2152                 - 19 -

     1     interested persons on water resources planning and emergency
     2     management issues, including planning and emergency
     3     management issues related to the preparation of the regional
     4     water plan. A regional board shall publish in the
     5     Pennsylvania Bulletin a statement of its intent to adopt a
     6     regional plan and of the availability of the draft regional
     7     plan.
     8         (5)  Meet as necessary to accomplish the purposes of this
     9     part.
    10         (6)  Adopt bylaws and procedures for conducting business.
    11  § 5304.  State Water Resources Board.
    12     (a)  Creation.--There is created as an independent entity
    13  within the department the State Water Resources Board. The
    14  purpose of the board is to coordinate the planning and emergency
    15  management of the water resources of this Commonwealth by
    16  adopting the State plan, after consultation with the regional
    17  boards and the department.
    18     (b)  Membership.--
    19         (1)  The board shall be composed of 13 members.
    20         (2)  Twelve members shall be appointed as follows:
    21             (i)  The Majority Leader of the House of
    22         Representatives and the Majority Leader of the Senate
    23         shall each appoint from among the members of the regional
    24         boards two members. One member appointed by each officer
    25         must be a representative of residential water users, and
    26         one member must be a representative of public interest
    27         associations.
    28             (ii)  The Minority Leader of the House of
    29         Representatives and the Minority Leader of the Senate
    30         shall each appoint from among the members of the regional
    19860S1525B2152                 - 20 -

     1         boards one member.
     2             (iii)  The Governor shall appoint six members. One
     3         member must be a representative of the agricultural
     4         community. One member must be a representative of the
     5         county conservation districts. One member must be a
     6         representative of industrial or commercial water users.
     7         One member must be a representative of mining water
     8         users. One member must be a representative of electrical
     9         energy production and development water users. One member
    10         must be a representative of public water suppliers. The
    11         Governor shall seek suggestions and recommendations for
    12         board membership from representative organizations.
    13         (3)  The secretary shall serve as a member of the board.
    14         (4)  Members shall be appointed no later than 180 days
    15     after the effective date of this part.
    16         (5)  A member shall be appointed for a term of three
    17     years. Of the members first appointed by the Governor:
    18             (i)  Two members shall serve for terms of one year.
    19             (ii)  Two members shall serve for terms of two years.
    20             (iii)  Two members shall serve for terms of three
    21         years.
    22         (6)  Members must, as a result of educational background,
    23     training or experience, have an understanding of water
    24     resources planning and management issues.
    25         (7)  A chairman shall be elected by a majority vote of
    26     the full membership of the board.
    27         (8)  Vacancies shall be filled for the remainder of an
    28     unexpired term in the same manner as original appointments. A
    29     member, upon expiration of the term, shall continue to hold
    30     office until a successor is appointed.
    19860S1525B2152                 - 21 -

     1         (9)  A majority of the membership of the board shall
     2     constitute a quorum for the transaction of board business.
     3     Action may be taken on a matter before the board by a
     4     majority vote of the full membership of the board.
     5         (10)  Members of the board shall serve without
     6     compensation but may be reimbursed, from funds specifically
     7     appropriated for such purposes, for necessary and reasonable
     8     travel and other expenses incurred during the performance of
     9     their duties.
    10     (c)  Powers and duties.--The board shall:
    11         (1)  Following consultation with the regional boards and
    12     the department, adopt the State plan.
    13         (2)  Develop and recommend to the Water Facilities Loan
    14     Board, the Governor and other appropriate agencies priorities
    15     for the development and financing of Federal, State and
    16     regional water resources projects.
    17         (3)  Review and approve water resources projects to be
    18     constructed or financed, in whole or in part, by the
    19     Commonwealth to ensure consistency with the State plan.
    20         (4)  Adopt regulations and establish requirements for:
    21             (i)  The development and submission of emergency
    22         contingency plans by public water supply agencies and by
    23         significant water users who operate withdrawals in excess
    24         of 500,000 gallons a day in a 30-day period.
    25             (ii)  The minimum content of emergency contingency
    26         plans, including provisions to identify emergency
    27         conditions that might threaten to create a water
    28         shortage.
    29             (iii)  The implementation of conservation or other
    30         programs necessary for effective responses to a water
    19860S1525B2152                 - 22 -

     1         resources emergency.
     2             (iv)  The registration and periodic reporting of
     3         withdrawals, including reasonable registration fees not
     4         to exceed $500 a person.
     5         (5)  Carry out the duties and responsibilities assigned
     6     to the board under this part or other applicable statutes.
     7  § 5305.  Development, adoption, amendment and periodic review of
     8             State plan.
     9     (a)  Process.--The State plan shall be developed and adopted
    10  in accordance with the following process:
    11         (1)  No later than two years after the effective date of
    12     this part, each regional board shall, with assistance from
    13     the department or a consultant retained under paragraph (3),
    14     prepare a draft regional plan.
    15         (2)  Each draft regional plan shall set forth and
    16     evaluate planning and emergency management alternatives and
    17     other provisions to address needs or problems identified in
    18     the region.
    19         (3)  The department shall, upon the request of a regional
    20     board, evaluate planning or emergency management alternatives
    21     or provisions identified by the regional board and shall
    22     submit to that regional board, in writing, the results of the
    23     evaluation. A regional board may retain a consultant as
    24     necessary to assist it in the preparation of its draft
    25     regional plan and draft regional water resources emergency
    26     plan or to evaluate planning or emergency management
    27     alternatives or provisions.
    28         (4)  A regional board shall publish in the Pennsylvania
    29     Bulletin a statement of its intent to adopt a regional plan
    30     and of the availability of the draft regional plan. Following
    19860S1525B2152                 - 23 -

     1     notice and public participation, each regional board shall,
     2     by a majority vote, select the planning and emergency
     3     management alternatives and provisions to be included in the
     4     regional plan and the regional water resources emergency
     5     plan.
     6         (5)  Regional water plan or regional water resources
     7     emergency plan alternatives or provisions that may affect any
     8     other regions shall be reviewed by affected regional boards
     9     prior to their recommendation to the board.
    10         (6)  The required plan adopted under paragraph (4) shall
    11     be recommended to the board within three years of the
    12     effective date of this part.
    13         (7)  If a regional board fails to comply with paragraph
    14     (1) or (6), the board shall, after having provided 90 days'
    15     written notice to the regional board, adopt a regional plan
    16     for that region in accordance with the notice, public
    17     participation or public hearing requirements set forth in
    18     paragraphs (4) and (5).
    19         (8)  The board shall review regional plans prior to the
    20     adoption and incorporation into the State plan.
    21         (9)  The board shall proceed with the adoption of the
    22     State plan except for those parts of a regional plan in which
    23     the board finds one of the following:
    24             (i)  Recommended planning or emergency management
    25         alternatives or provisions of two or more regional plans
    26         are inconsistent, or two or more regional boards are
    27         unable to agree on an alternative or provision affecting
    28         their respective regions.
    29             (ii)  A recommended planning or emergency management
    30         alternative or provision is inconsistent with this part,
    19860S1525B2152                 - 24 -

     1         with Federal or State statutes or regulations or with
     2         compacts or other interstate agreements and plans.
     3         (10)  The board shall advise an affected regional board,
     4     in writing, of the reasons for disapproval under paragraph
     5     (9) of a recommended planning or emergency management
     6     alternative or provision. The regional board shall, within
     7     180 days of the written notice, prepare a draft revision of
     8     the inconsistent planning or emergency management alternative
     9     or provision and, following the procedures set forth in
    10     paragraph (4), approve and recommend a revision to the board.
    11         (11)  The board shall publish in the Pennsylvania
    12     Bulletin a statement of its intent to adopt the State plan
    13     and of the availability to draft the State plan. After a
    14     public hearing, the board shall adopt the State plan by
    15     incorporating into the State plan the regional plans and any
    16     regional water resources emergency plans.
    17     (b)  Periodic review.--The board shall, at least once every
    18  five years and after consultation with the regional boards and
    19  the department, review the State plan to determine whether it
    20  reflects the objectives, policies and purposes set forth in
    21  sections 5103 (relating to declaration of policy) and 5104
    22  (relating to purpose of part). This determination, including
    23  recommendations for revisions to regional plans, shall be set
    24  forth in writing.
    25     (c)  Plan amendment.--The State plan may be amended in
    26  accordance with the requirements of subsection (a).
    27  § 5306.  Water use registration and reporting.
    28     (a)  General rule.--In order to provide accurate information
    29  for water resources planning, the board shall, by regulation,
    30  establish requirements for the registration and periodic
    19860S1525B2152                 - 25 -

     1  reporting of withdrawals in accordance with the following
     2  provisions:
     3         (1)  A person whose withdrawal exceeds an average rate of
     4     50,000 gallons a day in a 30-day period shall be required to
     5     register the withdrawal with the department and comply with
     6     any recordkeeping and periodic reporting requirements
     7     established by the board.
     8         (2)  The board may, by regulation, establish requirements
     9     for the registration, recordkeeping and periodic reporting of
    10     withdrawals that exceed an average rate of 10,000 gallons a
    11     day in a 30-day period. These requirements shall apply only
    12     where necessary to obtain information required to adequately
    13     assess water uses, monitor demands and otherwise prepare an
    14     accurate and complete regional plan.
    15         (3)  The board may, by regulation, provide for the waiver
    16     of registration, recordkeeping or periodic reporting
    17     requirements for a classification of user or volume of
    18     withdrawal if the board finds that the requirements are not
    19     necessary to obtain information required to adequately assess
    20     water uses, monitor demands and otherwise prepare an accurate
    21     and complete regional plan.
    22         (4)  Regulations implementing the periodic reporting
    23     requirements of this subsection shall provide that the
    24     requirements may be satisfied by the filing of discharge
    25     monitoring reports prepared under the act of June 22, 1937
    26     (P.L.1987, No.394), known as The Clean Streams Law, to the
    27     extent that the reports provide the required information.
    28         (5)  Registration of a withdrawal shall not be construed
    29     as a determination of a person's water rights or approval of
    30     a withdrawal by an agency of the Commonwealth or by a river
    19860S1525B2152                 - 26 -

     1     basin commission.
     2     (b)  Confidentiality of information.--Information provided to
     3  the department under this section shall be treated as
     4  confidential.
     5  § 5307.  Water conservation credits.
     6     (a)  General rule.--The board shall grant a water
     7  conservation credit to a person who demonstrates to the
     8  satisfaction of the board that the person has voluntarily and
     9  permanently reduced withdrawal below the withdrawal registered
    10  by the person under section 5306(a) (relating to water use
    11  registration and reporting). Water conservation credits shall be
    12  determined by calculating the difference between the number of
    13  gallons registered and the number of gallons actually used a day
    14  in any 30-day period.
    15     (b)  Uses.--Water conservation credits may be used for the
    16  following purposes:
    17         (1)  To create or increase withdrawals within the
    18     hydrologic unit of their origin without the necessity to
    19     register the withdrawal under section 5306(a)(1) and (2).
    20         (2)  To satisfy the requirements of a regional emergency
    21     plan or water resources emergency management actions
    22     undertaken in accordance with section 5302(e) (relating to
    23     plan contents).
    24                             CHAPTER 55
    25                   ADMINISTRATION AND ENFORCEMENT
    26  Sec.
    27  5501.  Administration.
    28  5502.  Public nuisances.
    29  5503.  Enforcement orders.
    30  5504.  Civil remedies.
    19860S1525B2152                 - 27 -

     1  5505.  Criminal penalties.
     2  5506.  Preservation of rights and remedies.
     3  § 5501.  Administration.
     4     (a)  Regulations.--
     5         (1)  Regulations adopted by the board shall be consistent
     6     with the State plan.
     7         (2)  Regulations shall be adopted by the State board in
     8     consideration of the objectives, policies and purposes set
     9     forth in sections 5103 (relating to declaration of policy)
    10     and 5104 (relating to purpose of part).
    11     (b)  Use of funds.--The board shall use fees collected in
    12  accordance with the registration of withdrawals to defray the
    13  board's reasonable costs of administering section 5306 (relating
    14  to water use registration and reporting).
    15     (c)  Public records and confidentiality of information.--
    16         (1)  Except as provided in section 5306(b), in paragraph
    17     (2) or in another statute, reports and other information
    18     obtained by the board, a regional board or the department
    19     under this part shall be a matter of public record and shall
    20     be available for inspection and review at the offices of the
    21     department, the board or the appropriate regional board.
    22         (2)  Whenever a person demonstrates that a record, report
    23     or other information provided to the board, a regional board
    24     or the department under this part, if made public, would
    25     disclose production methods or data, sales figures or
    26     processes unique to that person or would adversely affect the
    27     competitive position of that person by revealing trade
    28     secrets or proprietary information, then the record, report
    29     or other information shall be treated as confidential. No
    30     employee, appointee, contractor or agent of the board, a
    19860S1525B2152                 - 28 -

     1     regional board or the department nor any other person may
     2     release confidential information publicly in a manner as
     3     would permit information to be identified as relating to or
     4     coming from a particular person. A person disclosing
     5     information in violation of this paragraph commits a
     6     misdemeanor of the third degree; shall be subject to
     7     disciplinary action, including reprimand, suspension or
     8     termination; and may be ordered to make restitution to any
     9     injured or aggrieved party for demonstrated losses or damages
    10     suffered as a result of such public disclosure. Confidential
    11     information may be disclosed publicly when aggregated by
    12     region as part of a report in which data and individual
    13     companies cannot be identified.
    14     (d)  Regional resources boards.--The regional water resources
    15  boards shall provide for public notice and public participation
    16  during the development of their regional plans. The regional
    17  water resources boards shall provide for public notice and
    18  conduct at least one public hearing prior to their approval and
    19  recommendation to the board of their regional plans.
    20     (e)  Board.--The board shall provide public notice and
    21  opportunity for public hearing prior to the adoption of any
    22  regulations or the State plan.
    23     (f)  Investigations and inspections.--To determine compliance
    24  with this part, the board is authorized, during reasonable
    25  hours, and upon reasonable notice, to make such reasonable
    26  inspections, conduct such reasonable tests or sampling or
    27  examine books, papers and records related specifically to any
    28  withdrawal under investigation pursuant to section 5306 as it
    29  deems necessary.
    30     (g)  Water Resources Fund.--Fines and penalties collected
    19860S1525B2152                 - 29 -

     1  under this part shall be paid into the State Treasury in a
     2  special fund known as the Water Resources Fund. This fund shall
     3  be administered by the board for the following purposes:
     4         (1)  To respond to water resources emergencies.
     5         (2)  To assist in financing water resources planning and
     6     conservation programs.
     7     (h)  Judicial review.--A person aggrieved by a final action
     8  under this part by the board or a regional board may appeal
     9  under 2 Pa.C.S. Ch. 7 (relating to judicial review).
    10  § 5502.  Public nuisances.
    11     (a)  General rule.--A violation of the part or an order or
    12  regulation under this part shall constitute a public nuisance.
    13     (b)  Applicability of other law.--Nothing in this part 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  § 5503.  Enforcement orders.
    18     (a)  Issuance.--The department may issue orders necessary to
    19  aid in the enforcement of this part. An order may be issued if
    20  the department finds that a person is in violation of this part
    21  or of a regulation issued under this part. The department may,
    22  in its order, require compliance with terms and conditions
    23  necessary to effect the purposes of this part.
    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 part.
    19860S1525B2152                 - 30 -

     1  § 5504.  Civil remedies.
     2     (a)  Availability of remedies for abatement of public
     3  nuisances.--An activity or condition declared to be a public
     4  nuisance under section 5502 (relating to public nuisances) shall
     5  be restrained or prevented in the manner provided by law or
     6  equity for abatement of public nuisances, and the reasonable
     7  expense thereof may be recovered from the violator.
     8     (b)  Actions by government units.--Suits to restrain or
     9  prevent public nuisances or to compel action to discontinue a
    10  public nuisance may be instituted in equity or at law by the
    11  Attorney General in the name of the Commonwealth or, after 30
    12  days' notice of intent to proceed has been given to the Attorney
    13  General, by a district attorney or a solicitor of an affected
    14  municipality. Except in cases of emergency where, in the opinion
    15  of the court, immediate abatement of the public nuisance is
    16  required to protect the public interest, the court may, in its
    17  decree, fix a reasonable time during which the person
    18  responsible for the public nuisance may abate and correct the
    19  nuisance. The reasonable expense of the proceeding may be
    20  recovered from the violator.
    21  § 5505.  Criminal penalties.
    22     (a)  First offense.--Except as provided in section 5501(c)(2)
    23  (relating to administration), a person who violates this part
    24  commits a summary offense and shall, upon conviction thereof, be
    25  sentenced to pay a fine of not less than $50 nor more than
    26  $1,000 and, in default of the payment of the fine, to
    27  imprisonment for a period of not more than 60 days.
    28     (b)  Subsequent offenses.--A person who, within two years
    29  after conviction of a summary offense under subsection (a),
    30  similarly violates this part commits a misdemeanor of the third
    19860S1525B2152                 - 31 -

     1  degree and shall, upon conviction thereof, be sentenced to pay a
     2  fine of not less than $500 nor more than $5,000 or to
     3  imprisonment for a period of not more than one year, or both.
     4  § 5506.  Preservation of rights and remedies.
     5     (a)  Other remedies.--The collection of a penalty under this
     6  part shall not be construed as estopping the Commonwealth, a
     7  municipality or an authorized agency from proceeding in courts
     8  of law or equity to abate public nuisances under existing law.
     9     (b)  Remedies additional and cumulative.--It is declared to
    10  be the purpose of this section to provide additional and
    11  cumulative remedies to protect the public interest in the water
    12  resources of this Commonwealth.
    13     (c)  Pending suits.--This part does not apply to suits
    14  instituted prior to its effective date.
    15     Section 2.  The sum of $3,000,000, or as much thereof as may
    16  be necessary, is hereby appropriated to the State Water
    17  Resources Board and the regional water resources boards to carry
    18  out the provisions of this act. Of this amount, no more than
    19  $2,700,000 may be used by the regional water resources boards.
    20  The remainder shall be used by the State Water Resources Board.
    21     Section 3.  All acts and parts of acts are repealed insofar
    22  as they are inconsistent with this act.
    23     Section 4.  This act shall take effect in 60 days.





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