PRINTER'S NO. 523
No. 499 Session of 1989
INTRODUCED BY MADIGAN, SALVATORE, WILT, SHAFFER, AFFLERBACH,
GREENWOOD, REIBMAN, LEMMOND AND MUSTO, FEBRUARY 10, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 10, 1989
AN ACT
1 Providing for the regulation of water well construction and pump
2 installation; licensing well contractors and pump
3 installation contractors; conferring powers and duties on the
4 Department of Environmental Resources and on local agencies;
5 creating a technical advisory committee; and making an
6 appropriation.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Declaration of purpose.
10 Section 3. Definitions.
11 Section 4. Powers and duties of Environmental Quality Board.
12 Section 5. Powers and duties of department.
13 Section 6. Powers and duties of local agencies.
14 Section 7. Permits.
15 Section 8. Water wells contributing to groundwater
16 contamination.
17 Section 9. Emergencies.
18 Section 10. Abandoned water well.
19 Section 11. Inspections and searches.
1 Section 12. Water quality analysis report.
2 Section 13. Licenses and drilling rig registration.
3 Section 14. Recordkeeping and reports.
4 Section 15. Water Well Construction and Pump Installation
5 Technical Advisory Committee.
6 Section 16. Penalties and remedies.
7 Section 17. Appeals.
8 Section 18. Water Well Construction and Pump Installation
9 Account.
10 Section 19. Local ordinances.
11 Section 20. Appropriation.
12 Section 21. Repeals.
13 Section 22. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Short title.
17 This act shall be known and may be cited as the Water Well
18 Construction and Pump Installation Act.
19 Section 2. Declaration of purpose.
20 The purpose of this act is to:
21 (1) Protect public health and safety by establishing
22 water well location, construction, pump installation, and
23 water quality standards for drinking water wells.
24 (2) Establish a Statewide program to regulate, in
25 cooperation with local agencies, water well construction,
26 pump installation and abandonment in a manner which will
27 protect the groundwater resource for present and future use.
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Abandoned water well." A water well whose use has been
3 permanently discontinued or a water well that is in such a state
4 of disrepair that continued use for obtaining groundwater is
5 impracticable, or a water well whose purpose cannot be
6 reasonably achieved.
7 "Alteration." An action that results in a breaking or
8 opening of a water well seal, except for disinfection,
9 groundwater monitoring, or the repair or replacement of a pump
10 or pumping equipment.
11 "Aquifer." A geological formation, a group of geological
12 formations or part of a geological formation that contains
13 sufficient saturated permeable material to yield quantities of
14 water to wells.
15 "Board." The Environmental Quality Board.
16 "Committee." The Water Well Construction and Pump
17 Installation Technical Advisory Committee.
18 "Department." The Department of Environmental Resources of
19 the Commonwealth.
20 "Drinking water well." A water well which is used or
21 intended to be used to provide water for human or livestock
22 consumption, or both.
23 "Emergency situation." A situation where the lack of water
24 poses an immediate and significant danger to the health and
25 welfare of persons or livestock, or a situation where the
26 department has determined that other exceptional circumstances
27 exist.
28 "Groundwater." Water below the surface of the earth that is
29 in the zone of saturation.
30 "Installation of a pump and pumping equipment." The
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1 procedure employed in the placement and preparation for
2 operation of a water pump and pumping equipment on a water well,
3 including all construction involved in making entrance to the
4 water well and establishing a seal, but not including a repair
5 of an existing system.
6 "Local agency." A municipality or any combination thereof
7 acting cooperatively or jointly under the laws of this
8 Commonwealth, or a county, county health department or joint
9 county health department.
10 "Person." An individual, partnership, association, company,
11 corporation, municipality, municipal authority, political
12 subdivision or agency of the Federal or State government. The
13 term includes the officers, employees and agents of any
14 partnership, association, company, corporation, municipality,
15 municipal authority, political subdivision or any agency of
16 Federal or State government.
17 "Pump and pumping equipment." Equipment or material used or
18 intended for use in withdrawing, obtaining or recharging
19 groundwater, including, without limitation, seals and tanks,
20 together with fittings and controls.
21 "Pump installation contractor." A person qualified to engage
22 in the placement or removal of a water pump and pumping
23 equipment in connection with a water well, including water lines
24 between a water well and a storage tank.
25 "Secretary." The Secretary of Environmental Resources of the
26 Commonwealth.
27 "Sewage enforcement officer." The official of any local
28 agency who has been certified as a sewage enforcement officer
29 under the provisions of the act of January 24, 1966 (1965
30 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
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1 Act.
2 "Water well." Any hole in the ground made to locate
3 groundwater, to obtain groundwater, or to inject water into any
4 aquifer from which groundwater may be produced. The term does
5 not include any bore hole made for the purpose of mining, or
6 producing, extracting or injecting any gas, petroleum or other
7 liquid related to oil or gas production or storage, including
8 brine disposal.
9 "Water well construction." An act necessary to obtain
10 groundwater or to inject water into any aquifer, including the
11 location and excavation or drilling of a water well, but
12 excluding the installation of a pump and pumping equipment. The
13 term does not include any bore hole made for the purpose of
14 mining, or producing, extracting or injecting any gas, petroleum
15 or other liquid related to oil or gas production or storage,
16 including brine disposal.
17 "Well contractor." A person engaged in the business of
18 constructing, abandoning or altering all or any part of a water
19 well.
20 Section 4. Powers and duties of Environmental Quality Board.
21 (a) Rules and regulations.--The board shall have the power
22 and its duty shall be to adopt such rules and regulations as it
23 deems necessary for the implementation of this act. Such rules
24 and regulations shall include, but not be limited to, the
25 following:
26 (1) Standards for the location, construction, alteration
27 and abandonment of water wells.
28 (2) Standards for the installation of pumps and pumping
29 equipment on water wells.
30 (3) Water quality parameters and testing standards for
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1 drinking water wells.
2 (4) Criteria for licensing water well drillers and pump
3 installers.
4 (5) Standards for the administration and enforcement of
5 the applicable provisions of this act by local agencies.
6 (6) Criteria for a waiver of the location standards
7 where these standards would deprive the owner of a tract of
8 land subdivided on or before the effective date of this act
9 of the right to construct a water well, provided that
10 alternative measures are taken that are adequate to protect
11 public health, safety and the groundwater source.
12 (7) Criteria for certifying sewage enforcement officers
13 to administer the applicable provisions of this act.
14 (b) Fees.--The board shall establish fees for license
15 applications and drilling rig registrations. Fees shall bear a
16 reasonable relationship to the cost of administering this act.
17 Section 5. Powers and duties of department.
18 The department shall have the power and its duty shall be to:
19 (1) Administer the water well drilling and pump
20 installation program pursuant to this act.
21 (2) Except for section 13, utilize local agencies to
22 enforce this act and any rules, regulations, standards and
23 procedures adopted hereunder.
24 (3) Review the performance of local agencies in the
25 administration of section 7.
26 (4) Cooperate with local agencies and appropriate
27 Federal, State and interstate units of government and with
28 appropriate private organizations in carrying out its duties
29 under this act.
30 (5) Order a local agency to undertake actions deemed by
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1 the department necessary to administer effectively the
2 applicable provisions of this act in conformance with the
3 rules and regulations of the department.
4 (6) Provide technical assistance to local agencies,
5 including the training of personnel.
6 (7) Establish procedures and forms for the submission,
7 review, approval and rejection of any applications and
8 reports required by this act.
9 (8) Require water well contractors to submit geological
10 and groundwater data to the department.
11 (9) Enter upon lands and make inspections and require
12 the submission of papers, books and records by local agencies
13 for the purposes set forth in this act.
14 (10) Issue or deny licenses and issue drilling rig
15 registrations.
16 (11) Issue such orders and initiate such proceedings as
17 may be necessary for the enforcement of this act and the
18 rules and regulations adopted pursuant to this act. These
19 actions shall include, but are not limited to, the initiation
20 of criminal prosecutions, including issuance of summary
21 citations by agents of the department.
22 Section 6. Powers and duties of local agencies.
23 (a) Counties and municipalities.--County or joint county
24 departments of health shall administer section 7 in the area
25 subject to their jurisdiction. In all other areas, section 7
26 shall be administered by each municipality unless the
27 municipality has transferred or delegated the administration of
28 section 7 to another local agency and the other local agency has
29 accepted administration of section 7, or the municipality is
30 cooperating in such administration in conformance with the act
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1 of July 12, 1972 (P.L.762, No.180), referred to as the
2 Intergovernmental Cooperation Law. Municipalities are hereby
3 encouraged jointly to administer section 7 on a county or joint
4 county level. No local agency shall voluntarily surrender
5 administration of the provisions of this act except to another
6 local agency pursuant to this section.
7 (b) Powers and duties.--Each local agency, in addition to
8 the powers and duties conferred upon it by existing law, shall
9 have the power and the duty to:
10 (1) Utilize sewage enforcement officers to administer
11 section 7 in accordance with the rules and regulations of the
12 department. No person shall be employed as a sewage
13 enforcement officer to administer section 7 with respect to a
14 water well or pump installation for which he was or is the
15 contractor. In such a case, the local agency shall employ
16 another sewage enforcement officer to administer section 7
17 with respect to the particular water well or pump
18 installation.
19 (2) Set and collect permit application fees. The fee
20 schedule may establish graduated charges, but shall not
21 exceed the administrative costs of reviewing the application
22 and inspecting the permitted activity.
23 (3) Make or cause to be made such inspections and tests
24 as may be necessary to carry out the provisions of this act.
25 Authorized representatives of the local agency shall have the
26 right to enter upon lands for such purpose.
27 (4) Proceed under section 16 to restrain violations of
28 this act and the rules and regulations adopted hereunder.
29 (5) Submit such reports and data to the department as
30 the department may by its rules and regulations or by order
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1 require.
2 (6) Adopt and maintain standards and procedures for
3 applications and permits identical to those of the
4 department. Any other rules or regulations which the local
5 agency deems necessary in order to administer and enforce
6 section 7 may be adopted only if they are consistent with
7 this act and the rules and regulations adopted hereunder.
8 Section 7. Permits.
9 (a) Permit required.--It shall be unlawful for any person to
10 construct a drinking water well, alter a drinking water well or
11 install a pump or pumping equipment on a drinking water well or
12 construct any structure to be served by a drinking water well
13 without having first received a permit under this section.
14 (b) Repair or replacement of pump.--A permit shall not be
15 required for the repair or replacement of a pump, provided that
16 such activities comply with the rules and regulations adopted
17 pursuant to this act.
18 (c) Application.--Applications for permits shall be
19 submitted in writing to the local agency in accordance with
20 section 6, and shall be in such form and accompanied by such
21 data as shall be prescribed by the department.
22 (d) Fee.--Every application for a permit shall be
23 accompanied by a permit fee, established by the local agency
24 pursuant to section 6.
25 (e) Issuance of permit.--The local agency shall have the
26 power to issue a permit for drinking water well construction or
27 alteration or the installation of a pump or pumping equipment on
28 a drinking water well, if it determines that the proposed
29 activity complies with the provisions of this act, the
30 regulations adopted hereunder and all other applicable laws
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1 administered by the department. It may impose such permit terms
2 and conditions as are necessary to assure compliance with this
3 act and other laws administered by the department.
4 (f) Time.--The local agency shall either issue a permit or
5 deny a permit within seven days of receipt of a completed permit
6 application.
7 (g) Installation of permit number.--The permittee shall
8 install the permit number issued by the local agency in a
9 legible, visible and permanent manner on the drinking water well
10 upon completion of work thereon.
11 (h) Denial of permit.--The location agency shall have the
12 authority to deny any permit that does not satisfy the
13 requirements of this act or the rules and regulations
14 promulgated hereunder.
15 (i) Revocation.--If the local agency determines that
16 information material to the issuance of the permit has been
17 falsified, or the original decision of the local agency failed
18 to conform to this act or the rules and regulations of the
19 department, or that the permittee has violated the rules and
20 regulations of the department under which the permit was issued,
21 the permit shall be revoked. Such action shall be taken after
22 notice and opportunity for hearing has been given to the
23 permittee.
24 (j) Expiration.--If the permitted activity has not commenced
25 within two years after the issuance of the permit, the permit
26 shall expire and a new permit shall be obtained prior to the
27 occurrence of construction, alteration or installation activity.
28 (k) Certification by driller or installer.--Within ten days
29 of completing the permitted activity, the licensed well driller
30 or pump installer performing the activities shall provide
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1 written certification to the owner of the water well and to the
2 local agency that said activity has been performed in accordance
3 with all applicable rules and regulations promulgated hereunder.
4 (l) Application of section.--This section shall apply only
5 to drinking water wells not regulated under the act of May 1,
6 1984 (P.L.206, No.43), known as the Pennsylvania Safe Drinking
7 Water Act. Construction, alteration or pump installation
8 activities associated with water wells other than drinking water
9 wells shall not be subject to the permitting requirements of
10 this section but shall comply with all standards and procedures
11 established in regulations adopted under this act.
12 Section 8. Water wells contributing to groundwater
13 contamination.
14 The owner of any water well which is determined by the
15 department or the local agency to be contributing to groundwater
16 contamination shall bring the well into compliance with the
17 construction or abandonment regulations adopted pursuant to this
18 act within 90 days after notification of such determination.
19 Section 9. Emergencies.
20 The department shall establish procedures for expediting the
21 review of the permit applications required in section 7 in
22 emergency situations.
23 Section 10. Abandoned water well.
24 (a) Plugging requirement.--Except as provided in subsection
25 (b), the owner of any water well abandoned after the effective
26 date of this act shall plug the water well in a manner
27 prescribed by regulation of the department in order to seal the
28 aquifer to prevent the contamination of groundwater. Failure to
29 plug any abandoned water well in accordance with this section
30 shall constitute a violation of this act.
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1 (b) Application of section.--The plugging requirements of
2 this section shall not apply to any water well which has been
3 rendered inactive by means of a temporary cap or other suitable
4 device which is approved by regulation of the department and
5 which is mechanically and structurally sound.
6 Section 11. Inspections and searches.
7 (a) General rule.--The department may make inspections and
8 conduct tests or sampling, including the examination and copying
9 of books, papers, records and data pertinent to any matter under
10 investigation, in order to determine compliance with this act;
11 and for this purpose, the duly authorized agents and employees
12 of the department are authorized at all reasonable times to
13 enter and examine any property, facility, operation or activity.
14 (b) Access by agents and employees.--Upon presenting proper
15 identification and the purpose of the inspection, agents and
16 employees of the department shall be given free and unrestricted
17 entry and access. Upon being refused entry or access, the agent
18 or employee may obtain a search warrant or other suitable order
19 authorizing such entry and inspection. It shall be sufficient
20 probable cause to issue a search warrant authorizing such
21 examination and inspection if there is probable cause to believe
22 that the object of the investigation is subjected to regulation
23 under this act, and access, examination or inspection is
24 necessary to enforce the provisions of this act.
25 Section 12. Water quality analysis report.
26 (a) Submission.--Except as provided in subsection (f), after
27 the installation of any pump or pumping equipment on a drinking
28 water well but before the drinking water well is put into use,
29 the pump installation contractor shall submit to the local
30 agency a water quality analysis report. Such report must be
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1 based on a water sample obtained from the drinking water well
2 according to the procedures established by the board under
3 section 4.
4 (b) Content.--The water quality analysis report must be
5 issued by a laboratory certified under the act of May 1, 1984
6 (P.L.206, No.43), known as the Pennsylvania Safe Drinking Water
7 Act, and shall include, at a minimum:
8 (1) An analysis of the testing parameters adopted by the
9 board pursuant to section 4.
10 (2) A copy of the water quality information sheet
11 developed by the department pursuant to subsection (d).
12 (c) Copy for local agency.--The pump installation contractor
13 shall provide the drinking water well owner, local agency and
14 the department with a copy of the water quality analysis report.
15 (d) Water quality information.--The department shall develop
16 water quality information which shall include, but not be
17 limited to, drinking water quality standards, potential effects
18 on human health and safety relative to the tested substances,
19 available water treatment technologies and associated costs.
20 Such information shall be provided to all certified
21 laboratories.
22 (e) Notice to well users.--Where the owner of a drinking
23 water well is not the primary user of the drinking water well,
24 the owner shall, as soon as practicable, notify other users of
25 the results of the water quality analysis. Such notice shall be
26 given by mail or by conspicuous posting at the place of use in a
27 location where it can be seen by users.
28 (f) Application of section.--This section shall not apply to
29 drinking water wells regulated under the Pennsylvania Safe
30 Drinking Water Act.
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1 Section 13. Licenses and drilling rig registration.
2 (a) License requirement.--Except as provided in subsection
3 (b), any person engaging or intending to engage in the business
4 of water well construction, alteration or pump installation
5 shall first obtain from the department a license to conduct such
6 business. Failure to obtain a license under this subsection
7 shall constitute a violation of this act.
8 (b) Exemption.--Any person operating under the direct
9 supervision of a licensed water well contractor or pump
10 installation contractor physically present at the site of the
11 permitted activity is exempt from the requirements of subsection
12 (a).
13 (c) Application.--An application for a license shall be in
14 writing and shall be made on forms provided by the department.
15 The application shall contain a statement showing:
16 (1) The name of the applicant.
17 (2) The business address of the applicant.
18 (3) The residence of the applicant.
19 (4) Such additional information as the department may
20 require.
21 (d) Requirements for licensee.--In accordance with
22 regulations adopted under this act, the applicant for a license
23 shall meet all the following requirements:
24 (1) Demonstrate to the department that the applicant is
25 qualified to practice water well construction, alteration,
26 abandonment or pump installation.
27 (2) File with the department evidence of financial
28 responsibility, which shall include, but not be limited to, a
29 commercial liability insurance policy or self-insurance in an
30 amount to be prescribed by rules and regulations promulgated
19890S0499B0523 - 14 -
1 hereunder.
2 (3) Pay the annual license fee.
3 (4) File with the department evidence of receipt of a
4 license bond in the amount of $10,000 on a form prescribed
5 and furnished by the department and conditioned upon faithful
6 performance of all of the requirements of sections 7(k) and
7 12(a), (b) and (c) of this act.
8 (5) Register with the department any drilling rig which
9 will be owned and operated during the license year and pay a
10 registration fee for each rig registered.
11 (6) Provide any other information the department deems
12 necessary.
13 (e) Regulations.--The board may adopt such regulations to
14 provide proof of an operator's qualifications and to provide for
15 proof of financial responsibility of licensees as necessary to
16 insure compliance with this act.
17 (f) Renewal.--Any license issued pursuant to this section is
18 not transferable and shall be renewed annually.
19 (g) Duplicates.--The department may issue a duplicate
20 license or rig registration to replace a lost or destroyed
21 license or registration.
22 (h) Suspension or revocation.--Whenever the department
23 determines that the holder of a license issued pursuant to this
24 section has violated any provision of this act, any rule or
25 regulation adopted under this act, any order of the department,
26 or any condition of any permit or license issued by the
27 department, the department is authorized to suspend or revoke
28 any such license.
29 (i) Limitation or reissuance.--The department shall not
30 issue a new license to a water well contractor or pump
19890S0499B0523 - 15 -
1 installation contractor within one year after revocation of the
2 contractor's previous license.
3 (j) Reciprocal licensing.--The department, upon application
4 therefor and payment of the fees required by the department, may
5 issue a well contractor license or a pump installation
6 contractor license, or both, to a person who holds a similar
7 license in any state, territory or possession of the United
8 States, or in any foreign country, if the requirements for
9 licensing of a well contractor or pump installation contractor,
10 or both, under which the license was issued are of a standard
11 not lower than that specified by the provisions of this act and
12 the rules and regulations adopted hereunder. The provisions of
13 this subsection shall apply to those states and territories that
14 provide similar provisions to Pennsylvania drillers.
15 Section 14. Recordkeeping and reports.
16 The department is authorized to require any licensed well
17 contractor or pump installation contractor to establish and
18 maintain such records and make such reports and furnish such
19 data as the department deems necessary to demonstrate that the
20 licensee is complying with this act and the rules and
21 regulations adopted hereunder.
22 Section 15. Water Well Construction and Pump Installation
23 Technical Advisory Committee.
24 (a) Establishment and composition.--There is hereby
25 established the Water Well Construction and Pump Installation
26 Technical Advisory Committee. The committee shall consist of
27 five members, all of whom shall be appointed by the secretary
28 within three months of the effective date of this act and all of
29 whom must be residents of this Commonwealth with five years of
30 experience in Pennsylvania in their respective fields. Two
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1 members shall be water well contractors, one a cable tool
2 driller and the other a rotary driller. One member shall be a
3 hydrogeologist and one member shall be a practicing sewage
4 enforcement officer, chosen from a list of at least four names
5 submitted by the Citizens Advisory Council to the secretary, who
6 shall sit as a representative of the public interest. One member
7 shall be a licensed plumber who shall be a representative of the
8 pump installation industry.
9 (b) Expenses.--Committee members shall not receive a salary
10 but shall be reimbursed for all necessary expenses incurred in
11 the performance of their duties.
12 (c) Meetings, chairman, etc.--All actions of the committee
13 shall be by majority vote of the full committee. The committee
14 shall meet upon the call of the secretary, but not less than
15 semiannually, to carry out its duties under this act. The
16 committee shall select a chairperson and such other officers and
17 establish bylaws as it deems appropriate. The department shall
18 provide clerical and technical support as the committee may
19 reasonably require.
20 (d) Formulation of regulations, etc.--The department shall
21 consult with the committee in the formulation, drafting and
22 presentation stages of all regulations of a technical nature
23 promulgated under this act. The committee shall be given a
24 reasonable opportunity to review and comment on all regulations
25 of a technical nature prior to their submission to the board for
26 initial consideration. The written comments of the committee
27 shall be presented to the board with any regulatory proposal.
28 (e) Review of non-technical regulations.--The advisory
29 committee established under the act of January 24, 1966 (1965
30 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities
19890S0499B0523 - 17 -
1 Act, shall review all non-technical regulations promulgated
2 under this act.
3 Section 16. Penalties and remedies.
4 (a) Summary offense.--A person who violates any provision of
5 this act, any rule or regulation of the department, any order of
6 the department, or any term or condition of a permit or license
7 of the department issued pursuant to this act, or who resists or
8 interferes with an officer, agent or employee of the department
9 or a local agency in the performance of his duties commits a
10 summary offense and shall, upon conviction, be sentenced to pay
11 a fine of not less than $100 nor more than $1,000, and costs,
12 for each separate offense, or, in default of payment thereof,
13 shall be sentenced to imprisonment for a period of not more than
14 30 days.
15 (b) Equitable relief.--The department or the local agency
16 may apply to the Commonwealth Court or to a court of common
17 pleas having jurisdiction for a preliminary, special or final
18 injunction to restrain or prevent violations of this act or to
19 compel compliance with this act or any rule, regulation, order,
20 license or permit issued pursuant to this act.
21 (c) Civil penalties.--In addition to proceeding under any
22 other remedy available at law or in equity for a violation of
23 any provision of this act, any rule or regulation of the
24 department or order of the department, or any term or condition
25 of any permit or license issued pursuant to this act, the
26 department may assess a civil penalty upon a person for such
27 violation. Such a penalty may be assessed whether or not the
28 violation was willful or negligent. When the department assesses
29 a civil penalty, it shall inform the person of the amount of the
30 penalty. The person charged with the penalty shall then have 30
19890S0499B0523 - 18 -
1 days to pay the penalty in full or, if the person wishes to
2 contest either the amount of the penalty or the fact of the
3 violation, the person shall, within the 30-day period, file an
4 appeal of the action with the Environmental Hearing Board.
5 Failure to appeal within 30 days shall result in a waiver of all
6 legal rights to contest the violation or the amount of the
7 penalty. The maximum civil penalty which may be assessed
8 pursuant to this section is $1,000 per day for each violation.
9 (d) Remedies cumulative.--The penalties and remedies
10 prescribed by this act shall be deemed cumulative, and the
11 existence of or exercise of any remedy shall not prevent the
12 department from exercising any other remedy hereunder, at law or
13 in equity.
14 (e) Each day separate offense.--Violations on separate days
15 shall constitute separate offenses.
16 Section 17. Appeals.
17 (a) General rule.--Any person aggrieved by an action of a
18 sewage enforcement officer in granting or denying a permit under
19 this act shall have the right, within 30 days after receipt of
20 notice of the action, to request a hearing before the local
21 agency. Hearings under this subsection and any subsequent appeal
22 shall be conducted pursuant to Title 2 of the Pennsylvania
23 Consolidated Statutes (relating to administrative law and
24 procedure). The Attorney General shall be notified in writing by
25 the appellant of any appeal challenging the constitutionality of
26 any provisions of this act or the validity of any rule or
27 regulation promulgated hereunder.
28 (b) Appeal to Environmental Hearing Board.--Any person who
29 is aggrieved by any action of the department taken under the
30 provisions of this act, including, but not limited to, denials
19890S0499B0523 - 19 -
1 of licenses, shall have the right, within 30 days of receipt of
2 the notice thereof, to appeal the action to the Environmental
3 Hearing Board in accordance with section 1921(a) of the act of
4 April 9, 1929 (P.L.177, No.175), known as The Administrative
5 Code of 1929.
6 Section 18. Water Well Construction and Pump Installation
7 Account.
8 (a) Disposition of fees, penalties, etc.--All fines,
9 penalties, license fees and rig registration fees collected by
10 the department under this act shall be paid into the State
11 Treasury and deposited into a restricted revenue account in the
12 General Fund to be known as the Water Well Construction and Pump
13 Installation Account, which is hereby established. This account
14 shall be administered by the department to carry out the
15 provisions of this act.
16 (b) Appropriation.--All moneys placed into the Water Well
17 Construction and Pump Installation Account under this section
18 are hereby appropriated on a continuing basis to the department
19 for such purposes as are authorized in this act.
20 (c) Fines and penalties to local agency.--All fines and
21 penalties collected by the local agency shall be paid to the
22 local agency.
23 Section 19. Local ordinances.
24 Except with respect to local ordinances which prohibit the
25 drilling of water wells or establish water quality parameters
26 for water wells and which are more stringent than those adopted
27 by the board, all local ordinances, rules or regulations
28 purporting to regulate water well construction or pump
29 installation regulated by this act are hereby preempted.
30 Section 20. Appropriation.
19890S0499B0523 - 20 -
1 The sum of $800,000, or as much thereof as may be necessary,
2 is hereby appropriated to the Department of Environmental
3 Resources for the fiscal year July 1, 1989, to June 30, 1990, to
4 carry out the provisions of this act.
5 Section 21. Repeals.
6 The act of May 29, 1956 (1955 P.L.1840, No.610), known as the
7 Water Well Drillers License Act, is repealed.
8 Section 22. Effective date.
9 This act shall take effect as follows:
10 (1) Sections 3, 4, 5, 15 and 20 of this act shall take
11 effect immediately.
12 (2) The remainder of this act shall take effect in 18
13 months.
A19L32RZ/19890S0499B0523 - 21 -