PRINTER'S NO. 3163
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evaporation, transpiration, incorporation into a 19 product, diversion or any other means, some or all of the water 20 withdrawn from a water resource is not returned to the same 21 water resource at or upstream from the point of withdrawal 22 resulting in a diminution in quantity or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. 20020H2230B3163 - 18 -
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 20020H2230B3163 - 19 -
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 20020H2230B3163 - 20 -
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. A11L27RZ/20020H2230B3163 - 23 -