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                                                      PRINTER'S NO. 3163

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2230 Session of 2002


        INTRODUCED BY HERSHEY, RUBLEY, GEORGE, S. H. SMITH, DeWEESE,
           BENNINGHOFF, CAPPELLI, M. COHEN, CREIGHTON, DAILEY, FRANKEL,
           GABIG, HALUSKA, HARHAI, HARPER, HENNESSEY, HERMAN, LEH,
           MAITLAND, McGEEHAN, McILHATTAN, MUNDY, READSHAW, ROHRER,
           ROSS, SCHRODER, SEMMEL, B. SMITH, SOLOBAY, STEIL,
           R. STEVENSON, THOMAS, TIGUE, YUDICHAK, TRICH AND PIPPY,
           JANUARY 24, 2002

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           JANUARY 24, 2002

                                     AN ACT

     1  Authorizing the establishment and administration of a Statewide
     2     program to promote water conservation and the efficient use
     3     of existing water resources; requiring a State Water Plan;
     4     and imposing additional powers and duties on the Department
     5     of Environmental Protection and the Environmental Hearing
     6     Board.

     7  Section 1.  Short title.
     8  Section 2.  Definitions.
     9  Section 3.  Powers and duties of department.
    10  Section 4.  State Water Plan.
    11  Section 5.  Statewide Water Resources Advisory Committee.
    12  Section 6.  Registration, reporting and recordkeeping.
    13  Section 7.  Critical water planning areas.
    14  Section 8.  Voluntary water conservation.
    15  Section 9.  Grants.
    16  Section 10.  Public nuisances.
    17  Section 11.  Penalties and remedies.

     1  Section 12.  Existing rights and remedies preserved.
     2  Section 13.  Financial provisions.
     3  Section 14.  Effective date.
     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Water
     8  Resources Conservation and Protection Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Conjunctive use."  The use of two or more sources of water,
    14  either in combination or as components of a single unit, to
    15  achieve increased efficiency of use or to enhance conservation,
    16  equitable distribution or management of water resources.
    17     "Consume or consumptive use."  To use, or the use of, water
    18  so that through evaporation, transpiration, incorporation into a
    19  product, diversion or any other means, some or all of the water
    20  withdrawn from a water resource is not returned to the same
    21  water resource at or upstream from the point of withdrawal
    22  resulting in a diminution in quantity or quality of the water
    23  resource.
    24     "Critical water planning area."  An area identified in an
    25  updated State Water Plan under section 4 or designated by the
    26  Department of Environmental Protection under section 3(15) where
    27  water availability does not meet current or projected future
    28  water resources needs.
    29     "Department."  The Department of Environmental Protection of
    30  the Commonwealth.
    20020H2230B3163                  - 2 -

     1     "Discharge."  The release of withdrawn or diverted water,
     2  whether treated or untreated, to a water resource.
     3     "Divert" or "diversion."  To take or impound or the direct or
     4  indirect taking or impoundment of water from any water resource
     5  or to interfere, or the interference, with the prevailing
     6  hydrologic regime, whether or not the water is returned to its
     7  source, consumed, made to flow into another water resource or
     8  discharged elsewhere. The term includes the transfer of water
     9  through interconnections.
    10     "Environmental Hearing Board."  The board established under
    11  the act of July 13, 1988 (P.L.530, No.94), known as the
    12  Environmental Hearing Board Act.
    13     "Environmental Quality Board."  The board established under
    14  section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
    15  known as The Administrative Code of 1929.
    16     "Groundwater."  Any water of underground streams, channels,
    17  artesian basins, reservoirs, lakes and other occurrences of
    18  water in and under the ground, whether percolating or otherwise.
    19     "Local agency."  Any municipality or any combination thereof
    20  acting cooperatively or jointly under the laws of this
    21  Commonwealth, county, county department of health or joint
    22  county department of health.
    23     "Major basin."  The area drained by the Great Lakes and their
    24  tributaries or by the Susquehanna River and Chesapeake Bay or by
    25  one of the following major rivers and their respective
    26  tributaries: Delaware River, Ohio River and Potomac River.
    27     "Municipality."  A city, borough, incorporated town, township
    28  or home rule municipality.
    29     "Nonwithdrawal use."  Any reasonable use of water that is not
    30  withdrawn. These uses include, but are not limited to,
    20020H2230B3163                  - 3 -

     1  recreation, navigation, energy production, fish and wildlife
     2  habitat, the maintenance of the natural, scenic, historic or
     3  aesthetic values of the environment and the uses protected under
     4  the authority of the act of June 22, 1937 (P.L.1987, No.394),
     5  known as The Clean Streams Law, and the Federal Water Pollution
     6  Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.).
     7     "Person."  Any individual, partnership, association, company,
     8  corporation, municipality, municipal authority, political
     9  subdivision, receiver or trustee or any agency, department,
    10  board, commission or authority of the Federal Government or of
    11  the Commonwealth or any other legal entity which is recognized
    12  by law as the subject of rights and duties. The term shall
    13  include the officers, employees and agents of any individual,
    14  partnership, association, company, corporation, municipality,
    15  municipal authority, political subdivision, receiver or trustee
    16  or any agency, department, board, commission or authority of the
    17  Federal Government or of the Commonwealth or any other legal
    18  entity.
    19     "Public water supply agency."  A community water system as
    20  defined by the act of May 1, 1984 (P.L.206, No.43), known as the
    21  Pennsylvania Safe Drinking Water Act, or any person subject to
    22  the act of June 24, 1939 (P.L.842, No.365), referred to as the
    23  Water Rights Law, or any successor act.
    24     "Return flows" or "return of water."  Any quantity of water,
    25  without respect to its original source, that by any direct or
    26  indirect means of discharge or dispersal is returned to a water
    27  resource.
    28     "River basin commission."  A commission created by an
    29  interstate compact and vested with the authority to develop
    30  plans, policies or projects relating to the water resources or
    20020H2230B3163                  - 4 -

     1  to manage the water resources of a river basin.
     2     "Safe yield."  The amount of water that can be consumed from
     3  a water resource without causing an adverse result, such as
     4  long-term dewatering of an aquifer, induced potential health
     5  threats, or impacts upon withdrawal or nonwithdrawal uses or
     6  water quality.
     7     "Secretary."  The Secretary of Environmental Protection of
     8  the Commonwealth.
     9     "State Water Plan."  An assessment of the water resources
    10  prepared by the Department of Environmental Protection or its
    11  predecessor agencies under this act, section 1904-A of the act
    12  of April 9, 1929 (P.L.177, No.175), known as The Administrative
    13  Code of 1929, sections 5 and 304 of the act of June 22, 1937
    14  (P.L.987, No.394), known as The Clean Streams Law, or other
    15  applicable law.
    16     "Statewide Water Resources Advisory Committee."  The
    17  committee established under section 5.
    18     "The Administrative Code of 1929."  The act of April 9, 1929
    19  (P.L.177, No.175), known as The Administrative Code of 1929.
    20     "Water conservation practices."  Those practices and
    21  measures, which are designed to accomplish any or all of the
    22  following:
    23         (1)  Reduce the demand for water.
    24         (2)  Improve efficiency in water use and reduce leakage,
    25     losses and waste of water.
    26         (3)  Improve reuse and recycling of water.
    27         (4)  Increase the supply of water.
    28     "Water resource."  Any of the "waters of the Commonwealth" as
    29  that term is defined by the act of June 22, 1937 (P.L.987,
    30  No.394), known as The Clean Streams Law.
    20020H2230B3163                  - 5 -

     1     "Water Rights Act."  The act of June 24, 1939 (P.L.842,
     2  No.365), or its successor.
     3     "Watershed organization."  An entity incorporated under the
     4  laws of this Commonwealth and established to promote local
     5  watershed planning, protection and conservation efforts in an
     6  identified watershed.
     7     "Withdraw," "withdrawal" or "withdrawn."  The removal or
     8  taking of water from its natural location or course.
     9     "Withdrawal use."  Any reasonable use of water which is
    10  withdrawn. These uses include, but are not limited to,
    11  municipal, public, commercial, industrial and agricultural water
    12  supply. The term includes the transfer of water through
    13  interconnections.
    14  Section 3.  Powers and duties of department.
    15     Powers and duties of department.--The department shall have
    16  the power and its duty shall be to exercise all powers necessary
    17  or appropriate to carry out and effectuate the provisions of
    18  this act and the Water Rights Act, including, but not limited
    19  to:
    20         (1)  Implement section 27 of Article I of the
    21     Constitution of Pennsylvania.
    22         (2)  Administer and enforce the provisions of this act
    23     and the Water Rights Act.
    24         (3)  Maintain a comprehensive water resources information
    25     system, including, but not limited to:
    26             (i)  An inventory of all water resources, including
    27         consideration for water quantity and quality.
    28             (ii)  A record of all cumulative water withdrawals,
    29         diversions, consumptive uses, discharges and return flows
    30         of 10,000 or more gallons of water per day from or to one
    20020H2230B3163                  - 6 -

     1         or more water resources.
     2             (iii)  An assessment of present and projected water
     3         use and demand, including consumptive use.
     4             (iv)  Identification of low-flow characteristics,
     5         safe yield, the capability of water resources to support
     6         withdrawal and nonwithdrawal uses and the minimum stream
     7         flows and groundwater levels necessary to ensure adequate
     8         water quantity and quality for the protection of water
     9         resources and ecology, aquatic organisms and other
    10         environmental values.
    11             (v)  Assessment of water resources required to
    12         support areas with important or unique natural, scenic,
    13         historic, esthetic, environmental or recreational values.
    14         (4)  Require recordkeeping, metering, measuring,
    15     monitoring, registration and reporting of such information as
    16     necessary to administer and obtain compliance with this act
    17     or the Water Rights Act.
    18         (5)  Make inspections, investigations and examinations,
    19     exercise the right of entry, perform such tests or sampling
    20     and require the production of such things as necessary to
    21     determine compliance with or enforce this act or the Water
    22     Rights Act.
    23         (6)  Provide water conservation education, technical
    24     assistance and advice to persons subject to the provisions of
    25     this act.
    26         (7)  Collect civil penalties and accept and administer
    27     funds from any source to aid in carrying out this act or the
    28     Water Rights Act.
    29         (8)  Issue orders, assess civil penalties and initiate
    30     those proceedings as may be necessary and appropriate for the
    20020H2230B3163                  - 7 -

     1     enforcement of this act or the Water Rights Act.
     2         (9)  Cooperate and coordinate with river basin
     3     commissions and Federal, interstate, State, local and public
     4     water supply agencies and other public or private entities as
     5     may be appropriate for efficient water resources planning and
     6     to avoid duplicative requirements to which water users may be
     7     subject.
     8         (10)  Enter into administrative agreements, at its
     9     discretion, with river basin commissions or Federal,
    10     interstate, State or local agencies as may be appropriate for
    11     any of the following purposes:
    12             (i)  To facilitate the submission and coordinated
    13         review of information related to water resources.
    14             (ii)  To avoid unnecessary duplication of
    15         administrative or planning functions.
    16             (iii)  To provide for coordinated inspection,
    17         monitoring and enforcement of applicable laws and
    18         regulations.
    19             (iv)  To accept delegation of authority for the
    20         regulation or management of water resources planning or
    21         information collection.
    22             (v)  To coordinate the development of water resources
    23         plans in critical water planning areas and to ensure
    24         coordinated and effective response to water resources
    25         shortages and drought emergencies.
    26         (11)  Enter into administrative agreements, at its
    27     discretion, with river basin commissions or Federal,
    28     interstate, State or local agencies as may be appropriate for
    29     the purpose of delegating any of its authority under this
    30     act. Any agency acting under a delegation agreement shall
    20020H2230B3163                  - 8 -

     1     have the same powers and duties otherwise vested in the
     2     department to implement this act, to the extent delegated by
     3     the agreement.
     4         (12)  Act as facilitator or contract for the services of
     5     a facilitator in voluntary mediation proceedings for
     6     settlement of disputes concerning consumptive use of water. A
     7     representatives of all persons having an interest in the
     8     water in controversy shall agree in writing to abide by any
     9     settlement reached in mediation proceedings.
    10         (13)  Enter into contracts, including, but not limited
    11     to, grants and other cooperative arrangements at its
    12     discretion and under those terms and conditions as it may be
    13     deemed appropriate with river basin commissions or Federal,
    14     interstate, State or local agencies or with other persons in
    15     support of implementation of its powers and duties under this
    16     act. The department shall monitor and supervise activities
    17     conducted under such agreements for consistency with the
    18     department rules, regulations and policies.
    19         (14)  Receive financial and technical assistance from
    20     Federal, interstate or State agencies or other public or
    21     private entities where appropriate to do any and all things
    22     necessary to implement the provisions of this act.
    23         (15)  Establish procedures for the filing and review of
    24     petitions for the designation by the department, independent
    25     of identification of such areas in the State Water Plan, of
    26     critical water planning areas, after notice and opportunity
    27     for comment from interested persons, including, but not
    28     limited to the following:
    29             (i)  Minimum information necessary to support a
    30         petition, including up-to-date reliable water resources
    20020H2230B3163                  - 9 -

     1         data.
     2             (ii)  Name, address and the interest of the
     3         petitioner in the area that is the subject of a petition
     4         requesting designation.
     5             (iii)  Letter or other evidence of support for the
     6         petition from the appropriate county planning agency and
     7         applicable river basin commission.
     8  Section 4.  State Water Plan.
     9     (a)  Preparation.--Within three years of the effective date
    10  of this act, and every five years thereafter, the department
    11  shall prepare and adopt an updated State Water Plan. The updated
    12  plan shall be prepared with the advice of and in consultation
    13  with a Statewide Water Resources Advisory Committee and with
    14  other State, interstate, regional and other agencies,
    15  commissions, organizations and advisory committees as deemed
    16  appropriate by the department.
    17     (b)  Scope.--The plan shall be a high-level plan for the
    18  purposes identified in section 1904-A of The Administrative Code
    19  of 1929, consistent with the public interest, other laws and
    20  regulations relating to water resources and the preservation of
    21  the natural, scenic, historic and esthetic values of the
    22  environment. The plan shall include:
    23         (1)  Identification and analysis of major water resources
    24     issues by major basin.
    25         (2)  That combination of policies, programs,
    26     institutional arrangements and recommendations that address
    27     the identified issues and the water quantity and related
    28     quality needs and objectives of the Commonwealth and that
    29     will guide future actions in managing the water resources in
    30     the public interest.
    20020H2230B3163                 - 10 -

     1         (3)  Identification of critical water planning areas.
     2     (c)  Factors considered.--In developing the plan,
     3  consideration shall be given to:
     4         (1)  Analysis of existing and readily available water
     5     resources data.
     6         (2)  Local and regional water resources needs, priorities
     7     and objectives.
     8         (3)  National, interstate and State water resources
     9     policies and objectives, including those identified in
    10     statutory law, regulations, compacts, interstate agreements
    11     or comprehensive plans adopted by Federal, interstate, State
    12     or river basin commission agencies.
    13         (4)  Assessment of water availability and demands.
    14         (5)  The conjunctive use, development and management of
    15     water resources.
    16         (6)  Application of water conservation practices and
    17     water resource management and hydrologic principles,
    18     including the protection of withdrawal and nonwithdrawal
    19     uses, stream flows and provision for consumptive use makeup.
    20         (7)  The benefits, costs and economic, social and
    21     environmental impacts of alternative policies, programs,
    22     institutional arrangements and recommendations.
    23     (d)  Public review.--
    24         (1)  During the plan development process, the department
    25     shall hold public information meetings in order to receive
    26     public comment.
    27         (2)  Through publication in the Pennsylvania Bulletin and
    28     such other methods of public notice as deemed appropriate,
    29     including the department's World Wide Web site, the
    30     department shall provide public notice of the availability of
    20020H2230B3163                 - 11 -

     1     a draft plan for review at the department's regional offices
     2     and other sites across the Commonwealth and shall accept
     3     public comment for a period of at least 90 days before it
     4     adopts a final updated plan.
     5         (3)  The department shall hold public hearings, with
     6     public notice of the hearings being provided in the same
     7     manner as in paragraph (2), before it adopts a final updated
     8     plan.
     9  Section 5.  Statewide Water Resources Advisory Committee.
    10     (a)  Establishment.--There is hereby established within the
    11  department a Statewide Water Resources Advisory Committee.
    12     (b)  Membership.--
    13         (1)  The committee shall consist of:
    14             (i) The secretary or a designee, who shall be
    15         chairman.
    16             (ii)  The Secretary of Agriculture or a designee.
    17             (iii)  The chairman of the Public Utility Commission
    18         or a designee.
    19             (iv)  The Secretary of Conservation and Natural
    20         Resources or a designee.
    21             (v)  The Secretary of Community and Economic
    22         Development or a designee.
    23             (vi)  The executive directors of the Pennsylvania
    24         Game Commission and the Pennsylvania Fish and Boat
    25         Commission or their designees.
    26             (vii)  The executive director of the Pennsylvania
    27         Emergency Management Agency or a designee.
    28             (viii)  One member appointed by the secretary from
    29         each of the five major basins.
    30             (ix)  Twelve members representing the interests of
    20020H2230B3163                 - 12 -

     1         commerce, manufacturing, mining, energy and power,
     2         agriculture, environment and conservation, public water
     3         supply, municipal government, recreation, fish and
     4         wildlife, private practice groundwater science, and
     5         academic surface water science to be appointed by the
     6         Majority and Minority Leaders of the Senate and the
     7         Majority and Minority Leaders of the House of
     8         Representatives who shall each appoint three of the 12
     9         members. In making these appointments, they shall seek a
    10         diverse geographic representation to the extent possible.
    11         (2)  Of the members first appointed by the secretary
    12     under subparagraph (1)(viii), two shall serve for a period of
    13     three years, two shall serve for a period of two years and
    14     one shall serve for a period of one year. Thereafter, each
    15     appointment shall be for a period of three years. All
    16     vacancies shall be filled for the remainder of the unexpired
    17     term in the same manner as the original appointments to
    18     provide equitable representation of groups and geographic
    19     areas. A member, upon expiration of the term, shall continue
    20     to hold office until a successor is appointed.
    21         (3)  Of the three members appointed each by the majority
    22     and minority leaders under subparagraph (1)(ix), one shall
    23     serve for a period of three years, one shall serve for a
    24     period of two years and one shall serve for a period of one
    25     year. Thereafter, each appointment shall be for a period of
    26     three years. All vacancies shall be filled for the remainder
    27     of the unexpired term in the same manner as the original
    28     appointments to provide equitable representation of groups
    29     and geographic areas. A member, upon expiration of the term,
    30     shall continue to hold office until a successor is appointed.
    20020H2230B3163                 - 13 -

     1     (c)  Duties.--The committee shall advise the department in
     2  the preparation of the State Water Plan and in implementing
     3  other water resources programs under this act.
     4  Section 6.  Registration, reporting and recordkeeping.
     5     (a)  Registrations.--Any person whose existing, new or
     6  increased withdrawal, diversion or consumptive use from one or
     7  more water resources causes a total withdrawal, diversion or
     8  consumptive use to equal or exceed an average of 10,000 gallons
     9  per day in any 30-day period and all public water supply
    10  agencies shall register with the department each source and the
    11  amount of each withdrawal, diversion or consumptive use.
    12  Registrations shall be submitted to the department no later than
    13  twelve months from the effective date of this act or 30 days
    14  from the initiation of such withdrawal, diversion or consumptive
    15  use, whichever is later. Registrations shall be submitted on
    16  forms in a manner and with accompanying data as prescribed by
    17  the department.
    18     (b)  Reporting.--Beginning on the first day of January
    19  following the effective date of this act, any person whose
    20  existing, new or increased withdrawal, diversion, consumptive
    21  use, discharge or return of water from or to one or more water
    22  resources causes a total withdrawal, diversion, consumptive use,
    23  discharge or return to equal or exceed an average of 10,000
    24  gallons per day in any 30-day period and all public water supply
    25  agencies shall report to the department annually the source and
    26  amount of each withdrawal, diversion, consumptive use,
    27  discharge, or return flow. The information shall be submitted to
    28  the department on forms, in such manner and with accompanying
    29  data as prescribed by the department.
    30     (c)  Measurements, records and reports.--The department may
    20020H2230B3163                 - 14 -

     1  require any person subject to subsection (a) or (b) to install,
     2  use and maintain metering equipment or methods, to perform
     3  measuring, to maintain and retain records of information from
     4  metering and measuring activities, to submit reports of metering
     5  and measuring results and to provide such other information as
     6  may be required to determine compliance with this act or with
     7  the terms or conditions of any order issued under this act.
     8  Section 7.  Critical water planning areas.
     9     (a)  Nomination process.--The department shall establish a
    10  process whereby the public may nominate a watershed
    11  organization, river basin commission, planning agency or other
    12  appropriate entity or combination of entities to prepare an
    13  Integrated Water Resources Plan for any watershed in a critical
    14  water planning area which is identified by an updated State
    15  Water Plan in accordance with section 4 or designated by the
    16  department under section 3(15). The nominations shall be subject
    17  to public notice and comment.
    18     (b)  Department to designate.--Based upon nominations under
    19  subsection (a), the department is authorized to designate a
    20  watershed organization, river basin commission, planning agency
    21  or other appropriate entity or combination of entities to
    22  prepare an Integrated Water Resources Plan for any watershed in
    23  a critical water planning area identified by an updated State
    24  Water Plan in accordance with section 4 or designated by the
    25  department under section 3(15). The department shall designate
    26  only entities that meet all of the following requirements:
    27         (1)  Are technically capable of completing an Integrated
    28     Water Resources Plan that meets the requirements of
    29     subsection (c).
    30         (2)  Are representative of the watershed for which the
    20020H2230B3163                 - 15 -

     1     plan is being prepared.
     2         (3)  Have demonstrated a capability and commitment to the
     3     public participation process that must be part of the
     4     planning process required by subsection (d).
     5     (c)  Contents of plan.--An Integrated Water Resources Plan
     6  shall contain, at a minimum, the following components:
     7         (1)  Identification of existing water resources within
     8     the watershed, including water resources that originate
     9     outside the watershed and those that are exported.
    10         (2)  Assessment of the impacts of water quality and
    11     remediation upon water resources availability.
    12         (3)  Identification of current withdrawal and
    13     nonwithdrawal uses within the watershed, including
    14     consumptive and conjunctive uses.
    15         (4)  Projection of future trends in withdrawal and
    16     nonwithdrawal uses and water resources needs, including
    17     population and land use projections, within the watershed.
    18         (5)  Assessment of the capacity of the watershed to
    19     provide adequate water supplies to meet anticipated demands
    20     and water resources needs, including the minimum stream flows
    21     and groundwater levels necessary to ensure adequate water
    22     quantity and quality for the protection of the water resource
    23     and ecology, aquatic organisms and other environmental
    24     values.
    25         (6)  Consideration of storm water and floodplain
    26     management within the watershed, including their impacts upon
    27     water quality and quantity.
    28         (7)  Identification of water resources shortfalls,
    29     existing and potential conflicts among users and areas of the
    30     watershed that require special management.
    20020H2230B3163                 - 16 -

     1         (8)  Evaluation of supply-side and demand-side
     2     alternatives to meet water resources needs of the watershed.
     3         (9)  Assessment of wastewater discharges to subsurface
     4     formations and to surface water resources.
     5         (10)  Recommendations for programs, procedures and
     6     management options, including a schedule to implement and
     7     periodically update at least every five years, the Integrated
     8     Water Resources Plan, resolve conflicts and to meet water
     9     resources needs in the watershed based upon accepted
    10     principles of hydrology, effective environmental protection
    11     and efficient water management principles and consistent with
    12     the public interest, laws and regulations related to water
    13     resources and the preservation of the natural, scenic,
    14     historic and esthetic values of the environment.
    15     (d)  Municipal and public participation.--
    16         (1)  The entity designated under (b) shall establish, in
    17     conjunction with each Integrated Water Resources Plan, a
    18     watershed planning advisory committee, composed of at least
    19     one representative from each municipality within the
    20     watershed, the appropriate county conservation district or
    21     districts, the appropriate county planning agency or agencies
    22     and such other agencies or groups with interests in the
    23     watershed as are necessary and proper to carry out the
    24     purposes of the committee, which may include representatives
    25     of public water supply, industry, commerce, energy,
    26     agriculture, conservation and environment.
    27         (2)  The watershed planning advisory committee shall be
    28     responsible for advising the entity designated under
    29     subsection (b) throughout the planning process, evaluating
    30     policy, program and management alternatives, coordinating the
    20020H2230B3163                 - 17 -

     1     Integrated Water Resources Plan with other municipal plans
     2     and programs and reviewing the plan prior to adoption.
     3         (3)  Prior to submission to the department, each
     4     Integrated Water Resources Plan shall be reviewed by the
     5     official planning agency and governing body of each
     6     municipality in the watershed, the appropriate county
     7     planning agency and regional planning agencies for
     8     consistency with other plans and programs affecting the
     9     watershed. All reviews shall be submitted to the department
    10     with the proposed plan.
    11     (e)  Submission of plan and department review.--Upon
    12  completion of the Integrated Water Resources Plan, the entity
    13  designated under subsection (b) shall submit the Integrated
    14  Water Resources Plan to the department for review and approval.
    15  The department shall give notice and accept public comment on
    16  any Integrated Water Resources Plan submitted to it. In addition
    17  to considering the public comment, the department's review of an
    18  Integrated Water Resources Plan shall ensure that the plan is
    19  consistent with subsections (c) and (d) and does not conflict
    20  with any laws or regulations related to water resources, the
    21  State Water Plan, any applicable river basin commission
    22  comprehensive plan or any other Integrated Water Resources Plans
    23  that may have been approved by the department.
    24     (f)  Voluntary reduction.--The department shall encourage the
    25  voluntary implementation of water use reduction plans by all
    26  water users in a critical water planning area. The department
    27  will make available technical assistance for this purpose. The
    28  department shall identify tools, including programs, procedures
    29  and management options that may be available for the voluntary
    30  implementation of such plans in a critical water planning area.
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     1  Section 8.  Voluntary water conservation.
     2     (a)  Center established.--There is hereby established within
     3  the department a Water Resources Technical Assistance Center to
     4  promote voluntary water conservation and to provide technical
     5  assistance on water resources issues. The center shall:
     6         (1)  Establish a voluntary Statewide water conservation
     7     program for all water users.
     8         (2)  Establish guidelines for the development of
     9     voluntary water use reduction plans in critical water
    10     planning areas.
    11         (3)  Identify water conservation principles, practices
    12     and technology to assist all water users in conserving water.
    13         (4)  Develop a water conservation educational program for
    14     households, industry and other water users.
    15         (5)  Establish a Governor's Water Conservation Award to
    16     recognize outstanding conservation of water.
    17         (6)  Develop a program to promote voluntary reduction of
    18     unaccounted for water loss.
    19     (b)  Approval of grants, priority.--When approving grants or
    20  loans, pursuant to the act of March 1, 1988 (P.L.82, No.16),
    21  known as the Pennsylvania Infrastructure Investment Authority
    22  Act, the Pennsylvania Infrastructure Investment Authority shall
    23  give priority to funding projects that address unaccounted-for
    24  water loss or that implement water conservation practices by any
    25  public water supply agency whose unaccounted-for water loss rate
    26  exceeds 20%.
    27  Section 9.  Grants.
    28     (a)  Authorization.--The department is authorized to provide
    29  grants for the following purposes:
    30         (1)  Reimbursement of up to 75% of the cost of preparing
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     1     an Integrated Water Resources Plan under section 7.
     2         (2)  Reimbursement of up to 75% of the cost of preparing
     3     a voluntary water use reduction plan under section 7.
     4         (3)  Water resources education, technical assistance and
     5     water conservation, including unaccounted-for water loss
     6     reduction, under section 8.
     7     (b)  Funding.--Grants shall be made from funds available for
     8  this purpose.
     9  Section 10.  Public nuisances.
    10     (a)  Violation constitutes a public nuisance.--Any violation
    11  of any provision of this act, the Water Rights Act or any order
    12  of the department shall constitute a public nuisance. Any person
    13  committing a violation shall be liable for the costs of
    14  abatement of any public nuisance caused by such violation. The
    15  Environmental Hearing Board and any court of competent
    16  jurisdiction is hereby given jurisdiction over actions to
    17  recover the costs of such abatement.
    18     (b)  Abatement of violation.--Any activity declared by this
    19  act to be a nuisance or which is otherwise a violation of this
    20  act or the Water Rights Act shall be abatable in the manner
    21  provided by law or equity for the abatement of public nuisances.
    22  In addition, the department may proceed in equity to abate such
    23  nuisances or to restrain or prevent any violation of this act or
    24  the Water Rights Act.
    25  Section 11.  Penalties and remedies.
    26     (a)  Duty to comply with orders of the department.--It shall
    27  be the duty of any person to proceed diligently to comply with
    28  any order issued pursuant to section 3. If such person fails to
    29  proceed diligently or fails to comply with the order within such
    30  time, if any, which may be specified, the person shall be guilty
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     1  of contempt and shall be punished by the court in an appropriate
     2  manner. For this purpose, application may be made by the
     3  department to the Commonwealth Court, which court is hereby
     4  granted jurisdiction.
     5     (b)  Department to enforce.--The department shall have the
     6  power and its duty shall be to issue such orders and initiate
     7  such proceedings as may be necessary and appropriate for the
     8  enforcement of this act or the Water Rights Act, any other
     9  provision of law notwithstanding. These actions shall include,
    10  but are not limited to, the following:
    11         (1)  To institute in any court of competent jurisdiction,
    12     proceedings against any person to compel compliance with the
    13     provisions of this act or the Water Rights Act.
    14         (2)  To do any and all things and actions not
    15     inconsistent with any provision of this act for the effective
    16     enforcement of this act or the Water Rights Act.
    17     (c)  Civil penalties.--In addition to proceeding under any
    18  other remedy available at law or in equity for a violation of
    19  any provision of this act or the Water Rights Act or any order
    20  issued thereunder, the department may assess a civil penalty
    21  upon a person for a violation. The civil penalty may be
    22  assessed, whether or not the violation was willful or negligent.
    23  When the department assesses a civil penalty, it shall inform
    24  the person of the amount of the penalty. The person assessed
    25  with the penalty shall then have 30 days to pay the penalty in
    26  full or, if the person wishes to contest either the amount of
    27  the penalty or the fact of the violation, the person shall,
    28  within the 30-day period, file an appeal of the action with the
    29  Environmental Hearing Board. Failure to appeal within 30 days
    30  shall result in a waiver of all legal rights to contest the
    20020H2230B3163                 - 21 -

     1  violation or the amount of the penalty. The maximum civil
     2  penalty that may be assessed under this section is $2,500 per
     3  day for each violation. Each violation for each separate day and
     4  each violation of any provision of this act or the Water Rights
     5  Act, or any order issued thereunder, shall constitute a separate
     6  and distinct offense under this subsection. In determining the
     7  amount of the penalty, the department shall consider:
     8         (1)  The willfulness and duration of the violation.
     9         (2)  Damage to water resources, land or other natural
    10     resources or their uses, cost of restoration and abatement.
    11         (3)  Savings resulting to the person in consequences of
    12     the violation.
    13         (4)  Deterrence of future violations.
    14         (5)  Other relevant factors.
    15     (d)  Penalties to be concurrent.--The penalties and remedies
    16  prescribed by this act shall be deemed concurrent and the
    17  existence of or exercise of any remedy shall not prevent the
    18  department from exercising any other remedy hereunder, at law or
    19  in equity.
    20     (e)  Separate offenses.--Violations on separate days shall
    21  constitute separate offenses for purposes of this act.
    22  Section 12.  Existing rights and remedies preserved.
    23     Nothing in this act shall be construed in a manner to repeal
    24  or supersede existing rights and obligations of persons under
    25  existing law or statute.
    26  Section 13.  Financial provisions.
    27     (a)  Water Conservation Account.--All fines, civil penalties
    28  or recovered costs collected under the provisions of section 11,
    29  12 or 13 shall be paid into the State Treasury into a separate
    30  account to be known as the Water Conservation Account. All
    20020H2230B3163                 - 22 -

     1  moneys placed in the account are hereby appropriated to the
     2  department for the purposes authorized in this act.
     3     (b)  Use of other funds.--Money in the Environmental
     4  Stewardship Fund, established by 27 Pa.C.S. § 6104 (relating to
     5  fund), known as the Environmental Stewardship and Watershed
     6  Protection Act, which is available to the department, and The
     7  Clean Water Fund, established by the act of June 22, 1937
     8  (P.L.1987, No.394)), known as The Clean Streams Law, may be used
     9  by the department for the purposes of this act.
    10  Section 14.  Effective date.
    11     This act shall take effect immediately.













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