PRINTER'S NO. 1165
No. 1054 Session of 1991
INTRODUCED BY REIBMAN, MUSTO, BRIGHTBILL, AFFLERBACH, DAWIDA,
WILLIAMS, ANDREZESKI, PORTERFIELD, BELAN, TILGHMAN, HELFRICK,
SHAFFER AND FISHER, MAY 13, 1991
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 13, 1991
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 has 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 "Groundwater." 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 watercourses and other bodies of
6 water below the surface of the earth.
7 "Hydrologic unit." A unit of surface or groundwaters, or
8 both, which are interconnected and hydrologically related. The
9 term includes a surface watershed or basin, groundwater 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 groundwater 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, and 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 groundwater.
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) Groundwater and surface water are interconnected and
8 part of a single hydrologic resource. Failure to recognize
9 this could foster conflicts between competing users,
10 discourage investment and economic development and prevent
11 the most efficient utilization of the water resources of this
12 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) Groundwater 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 in-stream and withdrawal uses during
22 periods of drought.
23 (2) An inventory of the groundwater resources of each
24 region of this Commonwealth, including an identification of
25 aquifers and groundwater 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 in-stream use needs, including
29 flows required to support and sustain navigation, fisheries,
30 wildlife, the aquatic environment, important recreational
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1 uses, energy development and production, waste assimilative
2 capacity and the values of watercourses 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 including an economic and environmental evaluation of
24 potential Federal, State or regional water supply projects
25 that may affect the water resources of each region.
26 (9) A review and evaluation of statutes, regulations,
27 policies and institutional arrangements for the development,
28 conservation, distribution and emergency management of water
29 resources.
30 (10) A review and evaluation of water resources
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1 management alternatives and recommended programs, policies,
2 institutional arrangements, projects and other provisions to
3 meet the water resources needs of each region and of this
4 Commonwealth.
5 (11) A review and evaluation of alternative emergency
6 management actions that reflect the considerations set forth
7 in subsection (d) and recommended programs and provisions to
8 meet the water resources needs of each region and of this
9 Commonwealth that may arise during a water resources
10 emergency.
11 (b) Considerations.--Each regional plan shall consider:
12 (1) The needs and priorities reflected in local, county
13 and regional comprehensive environmental and natural
14 resources plans and actions.
15 (2) Regional water resources needs and objectives as
16 identified and evaluated by the regional board.
17 (3) National, State and interstate water resources
18 policies and objectives, including those identified in
19 statutes, regulations, compacts, interstate agreements or
20 comprehensive plans adopted by Federal and State
21 administrative agencies and basin commissions.
22 (4) The benefits and costs and social and environmental
23 impacts of alternative policies, programs and projects.
24 (c) Water availability evaluations.--Each regional plan
25 shall include a water availability evaluation for each
26 significant hydrologic unit within which the regional board
27 finds that existing or future demands exceed or threaten to
28 exceed the limits of available water resources. Each water
29 availability evaluation shall include:
30 (1) An identification of existing and future reasonable
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1 and beneficial uses, including in-stream and withdrawal uses.
2 (2) A quantitative assessment of the available water
3 resources and their relationship to existing and future
4 reasonable and beneficial uses, including in-stream and
5 withdrawal uses.
6 (3) An identification of the quantity of water available
7 for new or increased uses of water in the foreseeable future.
8 (4) An identification of reserves required for future
9 water uses associated with planned projects or developments
10 necessary to serve the public interest.
11 (5) An identification of practicable alternatives for
12 improving, increasing and developing an adequate supply of
13 water to satisfy existing and future reasonable and
14 beneficial uses.
15 (6) An identification of alternative policies,
16 procedures and institutional arrangements, including, but not
17 limited to, regulatory programs, that may be necessary to
18 achieve a balance between available water resources and
19 existing and future reasonable and beneficial uses.
20 (d) Emergency plans.--
21 (1) The State plan and each regional plan shall include
22 emergency plans.
23 (2) An emergency plan shall include, but not be limited
24 to:
25 (i) Alternative criteria for identifying the onset
26 of a water resources emergency according to various
27 stages of severity, based on such factors as stream
28 flows, groundwater levels, available reservoir storage,
29 precipitation and season of the year.
30 (ii) Alternative provisions establishing the
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1 relative priorities of water uses in various stages of an
2 emergency based on a reasonable system of classification
3 according to type of use, water sources, method of
4 withdrawal and other relevant factors.
5 (iii) Alternative emergency management actions to be
6 taken at various stages of an immediate emergency to
7 ensure equitable sharing of available water supplies and
8 conservation of water resources.
9 (iv) Alternative emergency management actions
10 designed to increase the availability of water,
11 including, but not limited to, the use of water from
12 underground mines.
13 (v) Alternative emergency management procedures
14 regarding the use or suspension of water conservation
15 credits provided for in section 5307(b) (relating to
16 water conservation credits).
17 (vi) Information setting forth the available sources
18 of water that may be utilized during a water resources
19 emergency.
20 (3) The State emergency plan shall include the regional
21 emergency plans.
22 (e) Actions.--
23 (1) The Governor, in declaring a water resources
24 emergency in accordance with 35 Pa.C.S. Part V (relating to
25 emergency management services), shall list the specific areas
26 in a region within which a water resources emergency exists.
27 If a water resources emergency exists in an area under the
28 jurisdiction of a river basin commission, that commission
29 shall be urged to cooperate with the Governor in consulting
30 with the affected regional water resources board with the
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1 objective of declaring a water resources emergency within the
2 smallest practicable geographic area.
3 (2) Whenever a water resources emergency is declared by
4 the Governor under 35 Pa.C.S. Part V or by a river basin
5 commission pursuant to an interstate compact, the
6 Pennsylvania Emergency Management Agency may, with the
7 cooperation and assistance of the department and the regional
8 board, undertake emergency management actions necessary to
9 ensure equitable sharing of available water supplies and
10 conservation of water resources in a manner consistent with
11 the State plan.
12 (3) Emergency management actions must be consistent with
13 the State plan and may include, but are not limited to, the
14 following measures:
15 (i) Order the temporary reduction or suspension of
16 nonessential and low priority water uses.
17 (ii) Order the temporary modification of conditions
18 in existing withdrawals, including restrictions on the
19 timing or quantity of withdrawals, except where
20 withdrawals are necessary for the preservation of health
21 and safety or to avoid damage, destruction or loss of
22 property.
23 (iii) Direct the storage and release of water in
24 public and private reservoir facilities that are subject
25 to State regulation.
26 (iv) Cooperate with Federal agencies responsible for
27 the operation of Federal reservoir facilities to develop
28 and implement emergency schedules for the storage and
29 release of water.
30 (v) Require the emergency interconnection of public
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1 and private water systems and prescribe the delivery of
2 water through such interconnections, in such a manner
3 that the following are met:
4 (A) The labor and materials required to complete
5 the interconnection are supplied by the Pennsylvania
6 Emergency Management Agency.
7 (B) No public or private water system is subject
8 to liability for injury to a person or property as a
9 result of the interconnection.
10 (vi) Mandate implementation of specific water
11 conservation measures.
12 (vii) Establish requirements for the issuance of
13 emergency authorizations for withdrawal in excess of
14 quantities prescribed by order issued under subparagraph
15 (ii).
16 (viii) Establish methods to determine compensation
17 for required emergency interconnections and for emergency
18 use of water withdrawn from privately owned reservoirs,
19 such as farm ponds, mines, swimming pools and quarries
20 and from privately owned wells which may not be affected
21 by a water resources emergency.
22 (4) To plan effective responses to a water resources
23 emergency, the Pennsylvania Emergency Management Agency shall
24 cooperate with the department, the board, regional boards,
25 and appropriate Federal, interstate and other agencies. The
26 agency may accept the delegation of authority from a river
27 basin commission or Federal interstate agency relating to
28 emergency management of water resources in this Commonwealth.
29 § 5303. Regional boards.
30 (a) Creation.--There is created as an independent entity
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1 within the department a board for each of the following regions:
2 (1) The watershed drainage area of the Delaware River
3 and its tributaries, including subbasins 1-3, in the
4 following counties: Berks, Bucks, Carbon, Chester, Delaware,
5 Lackawanna, Lebanon, Lehigh, Luzerne, Monroe, Montgomery,
6 Northampton, Philadelphia, Pike, Schuylkill and Wayne.
7 (2) The watershed drainage area of the north and west
8 branches of the Susquehanna River and their tributaries in
9 the following counties: Bradford, Cambria, Cameron, Carbon,
10 Centre, Clearfield, Clinton, Columbia, Elk, Franklin, Fulton,
11 Indiana, Jefferson, Lackawanna, Luzerne, Lycoming, McKean,
12 Montour, Potter, Schuylkill, Somerset, Sullivan, Susquehanna,
13 Tioga, Union, Wayne and Wyoming.
14 (3) The watershed drainage area of the Lower Susquehanna
15 River and its tributaries below Sunbury, in the following
16 counties: Adams, Bedford, Berks, Blair, Chester, Cumberland,
17 Dauphin, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin,
18 Northumberland, Perry, Snyder and York.
19 (4) The watershed drainage area of the Ohio River and
20 its tributaries in the following counties: Allegheny,
21 Armstrong, Beaver, Butler, Cambria, Clarion, Fayette, Forest,
22 Greene, Indiana, Lawrence, McKean, Mercer, Potter, Venango,
23 Warren, Washington and Westmoreland.
24 (5) The watershed drainage area of Lake Erie and the
25 Genesee River and their tributaries in the following
26 counties: Crawford, Erie and Potter.
27 (6) The watershed drainage area of the Potomac River and
28 its tributaries in the following counties: Adams, Bedford,
29 Franklin, Fulton and Somerset.
30 (b) Membership.--
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1 (1) Each regional board shall be composed of:
2 (i) One member from each county in the region with a
3 knowledge, background or understanding of water resources
4 planning and management. In a conservation district, the
5 member shall be appointed by the county governing body
6 from the county conservation district directors. In a
7 county that is not a conservation district, the regional
8 board representative shall be appointed by the governing
9 body or, in the case of a city of the first class, by the
10 mayor.
11 (ii) One member who is an officer or employee of a
12 private or municipal water supplier providing residential
13 services within the region and whose residence or
14 principal place of business is within the region. The
15 governing body of each affected county shall separately
16 make recommendations to the Governor, who shall appoint
17 the member from the recommendations.
18 (iii) Three members who represent industrial,
19 commercial, energy development and production or
20 agricultural users of water and whose residence or
21 principal place of business is within the region. The
22 governing body of each affected county shall separately
23 make up to two recommendations to the Governor, who shall
24 appoint from the recommendations not more than one member
25 from a county within the region. In the event there are
26 fewer than three counties in a region, the Governor may
27 appoint up to two members from one county.
28 (iv) One member who represents residential users of
29 water, and one member who represents public interest
30 associations. The governing body of each affected
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1 municipality shall separately make recommendations for
2 each of these two positions to the Governor, who shall
3 appoint the members from the recommendations.
4 (v) One member, appointed by the secretary, who is a
5 department employee. This member shall advise the
6 regional board without voting on any matter before the
7 board.
8 (2) Members shall be appointed no later than six months
9 after the effective date of this part.
10 (3) A member shall be appointed for a term of three
11 years. Of the members first appointed by the Governor and
12 secretary, three members shall serve for terms of one year,
13 and two members shall serve for terms of two years.
14 (4) Vacancies shall be filled for the remainder of an
15 unexpired term in the same manner as original appointments. A
16 member, upon expiration of the term, shall continue to hold
17 office until a successor is appointed.
18 (5) A majority of the membership of a regional water
19 resources board shall constitute a quorum for the transaction
20 of board business. Action may be taken on a matter before the
21 board by a majority vote of the full membership of the board.
22 (6) Members of a regional board shall serve without
23 compensation but may be reimbursed, from funds specifically
24 appropriated for such purposes, for necessary and reasonable
25 travel and other expenses incurred during the performance of
26 their duties.
27 (7) A chairman shall be elected by a majority vote of
28 the full membership of the Regional Water Resources Board.
29 (c) Powers and duties.--A regional board has the following
30 powers and duties:
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1 (1) Consult with the department or a consultant prior to
2 the preparation by the regional board of a draft regional
3 plan that may be included in the State plan.
4 (2) Approve and recommend to the board the regional
5 water plan for inclusion in the State plan.
6 (3) Develop and recommend to the board, the department
7 and the Water Facilities Loan Board priorities for developing
8 and financing of Federal, State and regional water supply
9 projects within the region.
10 (4) Utilize an open process, including public notice and
11 at least one public hearing, to solicit comments from
12 interested persons on water resources planning and emergency
13 management issues, including planning and emergency
14 management issues related to the preparation of the regional
15 water plan. A regional board shall publish in the
16 Pennsylvania Bulletin a statement of its intent to adopt a
17 regional plan and of the availability of the draft regional
18 plan.
19 (5) Meet as necessary to accomplish the purposes of this
20 part.
21 (6) Adopt bylaws and procedures for conducting business.
22 § 5304. State Water Resources Board.
23 (a) Creation.--There is created as an independent entity
24 within the department the State Water Resources Board. The
25 purpose of the board is to coordinate the planning and emergency
26 management of the water resources of this Commonwealth by
27 adopting the State plan, after consultation with the regional
28 boards and the department.
29 (b) Membership.--
30 (1) The board shall be composed of 13 members.
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1 (2) Twelve members shall be appointed as follows:
2 (i) The Majority Leader of the House of
3 Representatives and the Majority Leader of the Senate
4 shall each appoint from among the members of the regional
5 boards two members. One member appointed by each officer
6 must be a representative of residential water users, and
7 one member must be a representative of public interest
8 associations.
9 (ii) The Minority Leader of the House of
10 Representatives and the Minority Leader of the Senate
11 shall each appoint from among the members of the regional
12 boards one member.
13 (iii) The Governor shall appoint six members. One
14 member must be a representative of the agricultural
15 community. One member must be a representative of the
16 county conservation districts. One member must be a
17 representative of industrial or commercial water users.
18 One member must be a representative of mining water
19 users. One member must be a representative of electrical
20 energy production and development water users. One member
21 must be a representative of public water suppliers. The
22 Governor shall seek suggestions and recommendations for
23 board membership from representative organizations.
24 (3) The secretary shall serve as a member of the board.
25 (4) Members shall be appointed no later than nine months
26 after the effective date of this part.
27 (5) A member shall be appointed for a term of three
28 years. Of the members first appointed by the Governor:
29 (i) Two members shall serve for terms of one year.
30 (ii) Two members shall serve for terms of two years.
19910S1054B1165 - 21 -
1 (iii) Two members shall serve for terms of three
2 years.
3 (6) Members must, as a result of educational background,
4 training or experience, have an understanding of water
5 resources planning and management issues.
6 (7) A chairman shall be elected by a majority vote of
7 the full membership of the board.
8 (8) Vacancies shall be filled for the remainder of an
9 unexpired term in the same manner as original appointments. A
10 member, upon expiration of the term, shall continue to hold
11 office until a successor is appointed.
12 (9) A majority of the membership of the board shall
13 constitute a quorum for the transaction of board business.
14 Action may be taken on a matter before the board by a
15 majority vote of the full membership of the board.
16 (10) Members of the board shall serve without
17 compensation but may be reimbursed, from funds specifically
18 appropriated for such purposes, for necessary and reasonable
19 travel and other expenses incurred during the performance of
20 their duties.
21 (c) Powers and duties.--The board shall:
22 (1) Establish by regulation the minimum content of
23 regional plans consistent with the provisions of section 5302
24 (relating to plan contents), and the criteria for reviewing
25 regional plans and for adoption of the State plan.
26 (2) Following consultation with the regional boards and
27 the department, adopt the State plan.
28 (3) Develop and recommend to the Pennsylvania
29 Infrastructure Investment Authority Board, the Governor and
30 other appropriate agencies priorities for the development and
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1 financing of Federal, State and regional water resources
2 projects.
3 (4) Review and approve water resources projects to be
4 constructed or financed, in whole or in part, by the
5 Commonwealth to ensure consistency with the State plan.
6 (5) Adopt regulations and establish requirements for:
7 (i) Uniform criteria for regional boards to use in
8 developing and selecting water resource planning and
9 emergency management alternatives.
10 (ii) The development and submission of emergency
11 contingency plans by public water supply agencies and by
12 significant water users who operate withdrawals in excess
13 of 500,000 gallons a day in a 30-day period.
14 (iii) The minimum content of emergency contingency
15 plans, including provisions to identify emergency
16 conditions that might threaten to create a water
17 shortage.
18 (iv) The implementation of conservation or other
19 programs necessary for effective responses to a water
20 resources emergency.
21 (v) The registration and periodic reporting of
22 withdrawals, including reasonable registration fees not
23 to exceed $500 per person.
24 (6) Employ such staff or contract with the department
25 for such staff services as needed to implement this act.
26 (7) Carry out the duties and responsibilities assigned
27 to the board under this part or other applicable statutes.
28 § 5305. Development, adoption, amendment and periodic review of
29 State plan.
30 (a) Process.--The State plan shall be developed and adopted
19910S1054B1165 - 23 -
1 in accordance with the following process:
2 (1) No later than two years after the effective date of
3 this part, each regional board shall, with assistance from
4 the department or a consultant retained under paragraph (3),
5 prepare a draft regional plan.
6 (2) Each draft regional plan shall set forth and
7 evaluate planning and emergency management alternatives and
8 other provisions to address needs or problems identified in
9 the region.
10 (3) The department shall, upon the request of a regional
11 board, evaluate planning or emergency management alternatives
12 or provisions identified by the regional board and shall
13 submit to that regional board, in writing, the results of the
14 evaluation. A regional board may retain a consultant as
15 necessary to assist it in the preparation of its draft
16 regional plan and draft regional water resources emergency
17 plan or to evaluate planning or emergency management
18 alternatives or provisions.
19 (4) A regional board shall publish in the Pennsylvania
20 Bulletin a statement of its intent to adopt a regional plan
21 and of the availability of the draft regional plan. Following
22 notice and public participation, including at least one
23 public hearing, each regional board shall, by a majority
24 vote, select the planning and emergency management
25 alternatives and provisions to be included in the regional
26 plan and the regional water resources emergency plan.
27 (5) Regional water plan or regional water resources
28 emergency plan alternatives or provisions that may affect any
29 other regions shall be reviewed by affected regional boards
30 prior to their recommendation to the board.
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1 (6) The required plan adopted under paragraph (4) shall
2 be recommended to the board within three years of the
3 effective date of this part.
4 (7) If a regional board fails to comply with paragraph
5 (1) or (6), the board shall, after having provided 90 days'
6 written notice to the regional board, adopt a regional plan
7 for that region in accordance with the notice, public
8 participation or public hearing requirements set forth in
9 paragraphs (4) and (5).
10 (8) The board shall review regional plans prior to the
11 adoption and incorporation into the State plan.
12 (9) The board shall proceed with the adoption of the
13 State plan except for those parts of a regional plan in which
14 the board finds one of the following:
15 (i) Recommended planning or emergency management
16 alternatives or provisions of two or more regional plans
17 are inconsistent, or two or more regional boards are
18 unable to agree on an alternative or provision affecting
19 their respective regions.
20 (ii) A recommended planning or emergency management
21 alternative or provision is inconsistent with this part,
22 with Federal or State statutes or regulations or with
23 compacts or other interstate agreements and plans.
24 (10) The board shall advise an affected regional board,
25 in writing, of the reasons for disapproval under paragraph
26 (9) of a recommended planning or emergency management
27 alternative or provision. The regional board shall, within
28 180 days of the written notice, prepare a draft revision of
29 the inconsistent planning or emergency management alternative
30 or provision and, following the procedures set forth in
19910S1054B1165 - 25 -
1 paragraph (4), approve and recommend a revision to the board.
2 (11) The board shall publish in the Pennsylvania
3 Bulletin a statement of its intent to adopt the State plan
4 and of the availability of the draft of the State plan. After
5 at least one public hearing, the board shall adopt the State
6 plan by incorporating into the State plan the regional plans
7 and any regional water resources emergency plans.
8 (b) Periodic review.--The board shall, at least once every
9 five years and after consultation with the regional boards and
10 the department, review the State plan to determine whether it
11 reflects the objectives, policies and purposes set forth in
12 sections 5103 (relating to declaration of policy) and 5104
13 (relating to purpose of part). This determination, including
14 recommendations for revisions to regional plans, shall be set
15 forth in writing.
16 (c) Plan amendment.--The State plan may be amended in
17 accordance with the requirements of subsection (a).
18 § 5306. Water use registration and reporting.
19 (a) General rule.--In order to provide accurate information
20 for water resources planning, the board shall, by regulation,
21 establish requirements for the registration and periodic
22 reporting to the department of withdrawals in accordance with
23 the following provisions:
24 (1) A person whose withdrawal exceeds an average rate of
25 50,000 gallons a day in a 30-day period shall be required to
26 register the withdrawal with the department and comply with
27 any recordkeeping and periodic reporting requirements
28 established by the board.
29 (2) The board may, by regulation, establish requirements
30 for the registration, recordkeeping and periodic reporting of
19910S1054B1165 - 26 -
1 withdrawals that exceed an average rate of 10,000 gallons a
2 day in a 30-day period. These requirements shall apply only
3 where necessary to obtain information required to adequately
4 assess water uses, monitor demands and otherwise prepare an
5 accurate and complete regional plan.
6 (3) The board may, by regulation, provide for the waiver
7 of registration, recordkeeping or periodic reporting
8 requirements for a classification of user or volume of
9 withdrawal if the board finds that the requirements are not
10 necessary to obtain information required to adequately assess
11 water uses, monitor demands and otherwise prepare an accurate
12 and complete regional plan.
13 (4) Regulations implementing the periodic reporting
14 requirements of this subsection shall provide that the
15 requirements may be satisfied by the filing of discharge
16 monitoring reports prepared under the act of June 22, 1937
17 (P.L.1987, No.394), known as The Clean Streams Law, to the
18 extent that the reports provide the required information.
19 (5) Registration of a withdrawal shall not be construed
20 as a determination of a person's water rights or approval of
21 a withdrawal by an agency of the Commonwealth or by a river
22 basin commission.
23 (b) Confidentiality of information.--Information provided to
24 the department under this section shall be treated as
25 confidential.
26 § 5307. Water conservation credits.
27 (a) General rule.--The board shall grant a water
28 conservation credit to a person who demonstrates to the
29 satisfaction of the board that the person has voluntarily and
30 permanently reduced withdrawal below the withdrawal registered
19910S1054B1165 - 27 -
1 by the person under section 5306(a) (relating to water use
2 registration and reporting). Water conservation credits shall be
3 determined by calculating the difference between the number of
4 gallons registered and the number of gallons actually used per
5 day in any 30-day period.
6 (b) Uses.--Water conservation credits may be used for the
7 following purposes:
8 (1) To create or increase withdrawals within the
9 hydrologic unit of their origin without the necessity to
10 register the withdrawal under section 5306(a)(1) and (2).
11 (2) To satisfy the requirements of a regional emergency
12 plan or water resources emergency management actions
13 undertaken in accordance with section 5302(e) (relating to
14 plan contents).
15 CHAPTER 55
16 ADMINISTRATION AND ENFORCEMENT
17 Sec.
18 5501. Administration.
19 5502. Public nuisances.
20 5503. Enforcement orders.
21 5504. Civil remedies.
22 5505. Criminal penalties.
23 5506. Preservation of rights and remedies.
24 § 5501. Administration.
25 (a) Regulations.--
26 (1) Regulations adopted by the board shall be consistent
27 with the State plan.
28 (2) Regulations shall be adopted by the board in
29 consideration of the objectives, policies and purposes set
30 forth in sections 5103 (relating to declaration of policy)
19910S1054B1165 - 28 -
1 and 5104 (relating to purpose of part).
2 (b) Use of funds.--The board shall use fees collected in
3 accordance with the registration of withdrawals to defray the
4 board's reasonable costs of administering section 5306 (relating
5 to water use registration and reporting).
6 (c) Public records and confidentiality of information.--
7 (1) Except as provided in section 5306(b), in paragraph
8 (2) or in another statute, reports and other information
9 obtained by the board, a regional board or the department
10 under this part shall be a matter of public record and shall
11 be available for inspection and review at the offices of the
12 department, the board or the appropriate regional board.
13 (2) Whenever a person demonstrates that a record, report
14 or other information provided to the board, a regional board
15 or the department under this part, if made public, would
16 disclose production methods or data, sales figures or
17 processes unique to that person or would adversely affect the
18 competitive position of that person by revealing trade
19 secrets or proprietary information, then the record, report
20 or other information shall be treated as confidential. No
21 employee, appointee, contractor or agent of the board, a
22 regional board or the department nor any other person may
23 release confidential information publicly in a manner as
24 would permit information to be identified as relating to or
25 coming from a particular person. A person disclosing
26 information in violation of this paragraph commits a
27 misdemeanor of the third degree; shall be subject to
28 disciplinary action, including reprimand, suspension or
29 termination; and may be ordered to make restitution to any
30 injured or aggrieved party for demonstrated losses or damages
19910S1054B1165 - 29 -
1 suffered as a result of such public disclosure. Confidential
2 information may be disclosed publicly when aggregated by
3 region as part of a report in which data and individual
4 persons cannot be identified.
5 (d) Regional water resources boards.--The regional water
6 resources boards shall provide for public notice and public
7 participation during the development of their regional plans.
8 The regional water resources boards shall provide for public
9 notice and shall conduct at least one public hearing prior to
10 their approval and recommendation to the board of their regional
11 plans.
12 (e) Board.--The board shall provide public notice and at
13 least one public hearing prior to the adoption of any
14 regulations or the State plan.
15 (f) Investigations and inspections.--To determine compliance
16 with this part, the board and the department are authorized,
17 during reasonable hours and upon reasonable notice, to make such
18 reasonable inspections, conduct such reasonable tests or
19 sampling or examine books, papers and records related
20 specifically to any withdrawal under investigation pursuant to
21 section 5306 as it deems necessary.
22 (g) Water Resources Fund.--Fines and penalties collected
23 under this part shall be paid into the State Treasury in a
24 special fund known as the Water Resources Fund and are
25 appropriated to the board on a continuing, nonlapsing basis.
26 This fund shall be administered by the board for the following
27 purposes:
28 (1) To respond to water resources emergencies.
29 (2) To assist in financing water resources planning and
30 conservation programs.
19910S1054B1165 - 30 -
1 (h) Judicial review.--A person aggrieved by a final action
2 under this part by the board or a regional board may appeal
3 under 2 Pa.C.S. Ch. 7 (relating to judicial review).
4 § 5502. Public nuisances.
5 (a) General rule.--A violation of this part or an order or
6 regulation under this part shall constitute a public nuisance.
7 (b) Applicability of other law.--Nothing in this part shall
8 be construed as affecting the application of 18 Pa.C.S. § 5101
9 (relating to obstructing administration of law or other
10 governmental function).
11 § 5503. Enforcement orders.
12 (a) Issuance.--The department may issue orders necessary to
13 aid in the enforcement of this part. An order may be issued if
14 the department finds that a person is in violation of this part
15 or of a regulation issued under this part. The department may,
16 in its order, require compliance with terms and conditions
17 necessary to effect the purposes of this part.
18 (b) Effective date.--An order issued under this section
19 shall take effect upon notice unless the order specifies
20 otherwise.
21 (c) Other remedies preserved.--The right of the department
22 to issue an order under this section is in addition to any
23 penalty which may be imposed or any other action taken under
24 this part.
25 § 5504. Civil remedies.
26 (a) Availability of remedies for abatement of public
27 nuisances.--An activity or condition declared to be a public
28 nuisance under section 5502 (relating to public nuisances) shall
29 be restrained or prevented in the manner provided by law or
30 equity for abatement of public nuisances, and the reasonable
19910S1054B1165 - 31 -
1 expense thereof may be recovered from the violator.
2 (b) Actions by government units.--Suits to restrain or
3 prevent public nuisances or to compel action to discontinue a
4 public nuisance may be instituted in equity or at law by the
5 Attorney General in the name of the Commonwealth or, after 30
6 days' notice of intent to proceed has been given to the Attorney
7 General, by a district attorney or a solicitor of an affected
8 municipality. Except in cases of emergency where, in the opinion
9 of the court, immediate abatement of the public nuisance is
10 required to protect the public interest, the court may, in its
11 decree, fix a reasonable time during which the person
12 responsible for the public nuisance may abate and correct the
13 nuisance. The reasonable expense of the proceeding may be
14 recovered from the violator.
15 § 5505. Criminal penalties.
16 (a) First offense.--Except as provided in section 5501(c)(2)
17 (relating to administration), a person who violates this part
18 commits a summary offense and shall, upon conviction thereof, be
19 sentenced to pay a fine of not less than $50 nor more than
20 $1,000 and, in default of the payment of the fine, to
21 imprisonment for a period of not more than 60 days.
22 (b) Subsequent offenses.--A person who, within two years
23 after conviction of a summary offense under subsection (a),
24 similarly violates this part commits a misdemeanor of the third
25 degree and shall, upon conviction thereof, be sentenced to pay a
26 fine of not less than $500 nor more than $5,000 or to
27 imprisonment for a period of not more than one year, or both.
28 § 5506. Preservation of rights and remedies.
29 (a) Other remedies.--The collection of a penalty under this
30 part shall not be construed as estopping the Commonwealth, a
19910S1054B1165 - 32 -
1 municipality or an authorized agency from proceeding in courts
2 of law or equity to abate public nuisances under existing law.
3 (b) Remedies additional and cumulative.--It is declared to
4 be the purpose of this section to provide additional and
5 cumulative remedies to protect the public interest in the water
6 resources of this Commonwealth.
7 (c) Pending suits.--This part does not apply to suits
8 instituted prior to its effective date.
9 Section 2. The sum of $3,000,000, or as much thereof as may
10 be necessary, is hereby appropriated to the State Water
11 Resources Board and the regional water resources boards to carry
12 out the provisions of this act. Of this amount, no more than
13 $2,700,000 may be used by the regional water resources boards.
14 The remainder shall be used by the State Water Resources Board.
15 Section 3. All acts and parts of acts are repealed insofar
16 as they are inconsistent with this act.
17 Section 4. This act shall take effect in 60 days.
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