PRINTER'S NO. 714
No. 649 Session of 1991
INTRODUCED BY STEIGHNER, HAYDEN, NOYE, CAPPABIANCA, SALOOM,
HERMAN, ITKIN, CALTAGIRONE, ANGSTADT, STEELMAN, FAIRCHILD,
FREEMAN, STAIRS, E. Z. TAYLOR, BATTISTO, VAN HORNE, PESCI,
BUNT, COLAIZZO, D. R. WRIGHT, STURLA, CLARK, JOSEPHS, DALEY,
PHILLIPS, COY, KENNEY, STABACK, BLAUM, DeLUCA, KUKOVICH,
VEON, BELFANTI, JAMES, PRESTON, McCALL, KRUSZEWSKI, KOSINSKI,
OLASZ, TRELLO, HAGARTY, GIGLIOTTI, MAIALE, CARONE, BELARDI,
TELEK, SURRA, PISTELLA, STISH, MICHLOVIC, MELIO AND HASAY,
MARCH 12, 1991
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 12, 1991
AN ACT
1 Requiring public notice of certain conditions relating to a
2 public water supply; and providing a civil penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Public Water
7 Supply Health Notification Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Environmental Resources of
13 the Commonwealth.
14 "Water company." Any person who is a supplier of water as
1 defined in the act of May 1, 1984 (P.L.206, No.43), known as the
2 Pennsylvania Safe Drinking Water Act.
3 Section 3. Public notice.
4 (a) Notice to news media.--If a water company has knowledge
5 or has reason to believe that a primary maximum contaminant
6 level has been exceeded or that circumstances exist which may
7 adversely affect the quality of drinking water relating to
8 public health, including, but not limited to, source
9 contamination, spills, accidents, natural disasters or
10 breakdowns in treatment, the water company shall, within two
11 hours of the acquisition of that knowledge, directly notify all
12 affected users or notify the newspaper, radio and television
13 media in the affected area of the presence of the water quality
14 problem and request immediate broadcast of this information.
15 (b) Notification.--If the department has knowledge or reason
16 to believe that circumstances exist as described in subsection
17 (a), it shall so inform the water company. If, after being so
18 informed, the water company fails to comply with subsection (a),
19 the department may issue the notification as provided for in
20 subsection (a).
21 (c) Transmittal of information.--Within 24 hours from the
22 time the water company knows or has reason to believe a water
23 quality problem exists as described in subsection (a), the water
24 company shall issue a written statement to the newspaper, radio
25 and television media in the affected area concerning the adverse
26 affect on the drinking water; the origin of the problem, if
27 known; and the approximate length of time necessary to restore
28 the drinking water to normal conditions.
29 (d) Recommendation to affected members of the public.--The
30 public notices required by subsections (a), (b) and (c) shall be
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1 accompanied by an appropriate recommendation concerning action
2 that should be taken by persons who may be affected by the water
3 quality problems, and by any other information required by the
4 department.
5 Section 4. Penalty.
6 For failure to comply with this act, the department shall
7 impose a civil penalty of not less than an amount equal to $1
8 per customer served by the water company up to a maximum of
9 $12,500 per day. Penalties collected under this section shall be
10 paid into the Safe Drinking Water Account established by the act
11 of May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
12 Drinking Water Act. The penalty shall not be recoverable as part
13 of any rate increase or tariff filing.
14 Section 5. Effective date.
15 This act shall take effect immediately.
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