PRINTER'S NO. 1656
No. 1230 Session of 2002
INTRODUCED BY GERLACH, CONTI, TOMLINSON, WAGNER, ERICKSON,
LEMMOND, MURPHY, MOWERY, KUKOVICH, HOLL, SCHWARTZ AND
KASUNIC, JANUARY 23, 2002
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 23, 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 imposing additional powers and duties on the Department of
5 Environmental Protection, the Environmental Hearing Board and
6 the Environmental Quality Board; transferring administration
7 and enforcement of the Water Well Drillers License Act to the
8 Department of Environmental Protection; and making repeals.
9 Section 1. Short title.
10 Section 2. Definitions.
11 Section 3. Powers and duties of department.
12 Section 4. Powers and duties of Environmental Quality Board.
13 Section 5. State Water Plan.
14 Section 6. Statewide Water Resources Advisory Committee.
15 Section 7. Registration, reporting and recordkeeping.
16 Section 8. Critical water planning areas.
17 Section 9. Voluntary water conservation.
18 Section 10. Grants.
19 Section 11. Water wells.
20 Section 12. Public nuisances.
1 Section 13. Penalties and remedies.
2 Section 14. Existing rights and remedies preserved.
3 Section 15. Existing rules and regulations.
4 Section 16. Transfer provisions.
5 Section 17. Financial provisions.
6 Section 18. Repeals.
7 Section 19. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Water
12 Resources Conservation and Protection Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Conjunctive use." The use of two or more sources of water,
18 either in combination or as components of a single unit, to
19 achieve increased efficiency of use or to enhance conservation,
20 equitable distribution or management of water resources.
21 "Consume or consumptive use." To use, or the use of, water
22 so that through evaporation, transpiration, incorporation into a
23 product, diversion or any other means, some or all of the water
24 withdrawn from a water resource is not returned to the same
25 water resource at or upstream from the point of withdrawal
26 resulting in a diminution in quantity or quality of the water
27 resource.
28 "Critical water planning area." An area identified in an
29 updated State Water Plan under section 5 or designated by the
30 Department of Environmental Protection under section 3(a)(15)
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1 where water availability does not meet current or projected
2 future water resources needs.
3 "Department." The Department of Environmental Protection of
4 the Commonwealth.
5 "Discharge." The release of withdrawn or diverted water,
6 whether treated or untreated, to a water resource.
7 "Divert" or "diversion." To take or impound or the direct or
8 indirect taking or impoundment of water from any water resource
9 or to interfere, or the interference, with the prevailing
10 hydrologic regime, whether or not the water is returned to its
11 source, consumed, made to flow into another water resource or
12 discharged elsewhere. The term includes the transfer of water
13 through interconnections.
14 "Drill" or "drilling." To construct or alter, or all acts
15 necessary to the construction or alteration of, a water well,
16 such as drilling, boring, coring, washing, jetting, driving and
17 digging.
18 "Drinking water well." Any water well that provides or is
19 intended to provide water for human consumption and is not
20 regulated under the act of May 1, 1984 (P.L.206, No.43), known
21 as the Pennsylvania Safe Drinking Water Act.
22 "Environmental Hearing Board." The board established under
23 the act of July 13, 1988 (P.L.530, No.94), known as the
24 Environmental Hearing Board Act.
25 "Environmental Quality Board." The board established under
26 section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
27 known as The Administrative Code of 1929.
28 "Groundwater." Any water of underground streams, channels,
29 artesian basins, reservoirs, lakes and other occurrences of
30 water in and under the ground, whether percolating or otherwise.
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1 "Local agency." Any municipality or any combination thereof
2 acting cooperatively or jointly under the laws of this
3 Commonwealth, county, county department of health or joint
4 county department of health.
5 "Major basin." The area drained by the Great Lakes and their
6 tributaries or by the Susquehanna River and Chesapeake Bay or by
7 one of the following major rivers and their respective
8 tributaries: Delaware River, Ohio River and Potomac River.
9 "Municipality." A city, borough, incorporated town, township
10 or home rule municipality.
11 "Nonwithdrawal use." Any reasonable use of water that is not
12 withdrawn. These uses include, but are not limited to,
13 recreation, navigation, energy production, fish and wildlife
14 habitat, the maintenance of the natural, scenic, historic or
15 aesthetic values of the environment and the uses protected under
16 the authority of the act of June 22, 1937 (P.L.1987, No.394),
17 known as The Clean Streams Law, and the Federal Water Pollution
18 Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.).
19 "Person." Any individual, partnership, association, company,
20 corporation, municipality, municipal authority, political
21 subdivision, receiver or trustee or any agency, department,
22 board, commission or authority of the Federal Government or of
23 the Commonwealth or any other legal entity which is recognized
24 by law as the subject of rights and duties. The term shall
25 include the officers, employees and agents of any individual,
26 partnership, association, company, corporation, municipality,
27 municipal authority, political subdivision, receiver or trustee
28 or any agency, department, board, commission or authority of the
29 Federal Government or of the Commonwealth or any other legal
30 entity.
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1 "Public water supply agency." A community water system as
2 defined by the act of May 1, 1984 (P.L.206, No.43), known as the
3 Pennsylvania Safe Drinking Water Act, or any person subject to
4 the act of June 24, 1939 (P.L.842, No.365), referred to as the
5 Water Rights Law, or any successor act.
6 "Return flows or return of water." Any quantity of water,
7 without respect to its original source, that by any direct or
8 indirect means of discharge or dispersal is returned to a water
9 resource.
10 "River basin commission." A commission created by an
11 interstate compact and vested with the authority to develop
12 plans, policies or projects relating to the water resources or
13 to manage the water resources of a river basin.
14 "Safe yield." The amount of water that can be consumed from
15 a water resource without causing an adverse result, such as
16 long-term dewatering of an aquifer, induced potential health
17 threats, or impacts upon withdrawal or nonwithdrawal uses or
18 water quality.
19 "Secretary." The Secretary of Environmental Protection of
20 the Commonwealth.
21 "State Water Plan." An assessment of the water resources
22 prepared by the Department of Environmental Protection or its
23 predecessor agencies under this act, section 1904-A of the act
24 of April 9, 1929 (P.L.177, No.175), known as The Administrative
25 Code of 1929, sections 5 and 304 of the act of June 22, 1937
26 (P.L.987, No.394), known as The Clean Streams Law, or other
27 applicable law.
28 "Statewide Water Resources Advisory Committee." The
29 committee established under section 6.
30 "The Administrative Code of 1929." The act of April 9, 1929
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1 (P.L.177, No.175), known as The Administrative Code of 1929.
2 "Water conservation practices." Those practices and
3 measures, which are designed to accomplish any or all of the
4 following:
5 (1) Reduce the demand for water.
6 (2) Improve efficiency in water use and reduce leakage,
7 losses and waste of water.
8 (3) Improve reuse and recycling of water.
9 (4) Increase the supply of water.
10 "Water resource." Any of the "waters of the Commonwealth" as
11 that term is defined by the act of June 22, 1937 (P.L.987,
12 No.394), known as The Clean Streams Law.
13 "Water Rights Act." The act of June 24, 1939 (P.L.842,
14 No.365), or its successor.
15 "Water well." Any excavation that is drilled, bored, cored,
16 washed, driven, dug, jetted or otherwise constructed, when the
17 intended use of that excavation is for the siting, monitoring,
18 withdrawal, diversion or acquisition of groundwater or the
19 injection of water resources into the ground, including
20 geothermal wells. No excavation for the purposes of:
21 (1) obtaining or prospecting for oil, natural gas,
22 petroleum, minerals or products of mining or quarrying;
23 (2) inserting media to repressure oil or natural gas
24 bearing formations;
25 (3) storing petroleum or other materials, including
26 brine or sewage disposal; or
27 (4) a ditch, such as an agricultural drain, road
28 construction drain or culvert;
29 shall be deemed a water well for the purpose of this act.
30 "Water well driller." Any water well contractor who has
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1 contracted for the drilling, digging, driving, boring, coring,
2 washing, jetting, constructing, altering, repairing, siting or
3 abandoning of any water well.
4 "Water Well Drillers License Act." The act of May 29, 1956
5 (1955 P.L.1840, No.610).
6 "Watershed organization." An entity incorporated under the
7 laws of this Commonwealth and established to promote local
8 watershed planning, protection and conservation efforts in an
9 identified watershed.
10 "Well owner." Any person who owns land used for any purpose
11 on which a water well has been constructed.
12 "Withdraw," "withdrawal" or "withdrawn." The removal or
13 taking of water from its natural location or course.
14 "Withdrawal use." Any reasonable use of water which is
15 withdrawn. These uses include, but are not limited to,
16 municipal, public, commercial, industrial and agricultural water
17 supply. The term includes the transfer of water through
18 interconnections.
19 Section 3. Powers and duties of department.
20 (a) Powers and duties of department.--The department shall
21 have the power and its duty shall be to exercise all powers
22 necessary or appropriate to carry out and effectuate the
23 provisions of this act, the Water Well Drillers License Act and
24 the Water Rights Act, including, but not limited to:
25 (1) Implement section 27 of Article I of the
26 Constitution of Pennsylvania.
27 (2) Administer and enforce the provisions of this act,
28 the Water Well Drillers License Act and the Water Rights Act.
29 (3) Maintain a comprehensive water resources information
30 system, including, but not limited to:
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1 (i) An inventory of all water resources, including
2 consideration for water quantity and quality.
3 (ii) A record of all cumulative water withdrawals,
4 diversions, consumptive uses, discharges and return flows
5 of 10,000 or more gallons of water per day from or to one
6 or more water resources.
7 (iii) An assessment of present and projected water
8 use and demand, including consumptive use.
9 (iv) Identification of low-flow characteristics,
10 safe yield, the capability of water resources to support
11 withdrawal and nonwithdrawal uses and the minimum stream
12 flows and groundwater levels necessary to ensure adequate
13 water quantity and quality for the protection of water
14 resources and ecology, aquatic organisms and other
15 environmental values.
16 (v) Assessment of water resources required to
17 support areas with important or unique natural, scenic,
18 historic, esthetic, environmental or recreational values.
19 (4) Require recordkeeping, metering, measuring,
20 monitoring, registration and reporting of such information as
21 necessary to administer and obtain compliance with this act,
22 the Water Well Drillers License Act or the Water Rights Act.
23 (5) Make inspections, investigations and examinations,
24 exercise the right of entry, perform such tests or sampling
25 and require the production of such things as necessary to
26 determine compliance with or enforce this act, the Water Well
27 Drillers License Act or the Water Rights Act.
28 (6) Provide water conservation education, technical
29 assistance and advice to persons subject to the provisions of
30 this act.
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1 (7) Collect civil penalties and accept and administer
2 funds from any source to aid in carrying out this act, the
3 Water Well Drillers License Act or the Water Rights Act.
4 (8) Issue orders, assess civil penalties and initiate
5 those proceedings as may be necessary and appropriate for the
6 enforcement of this act, the Water Well Drillers License Act
7 or the Water Rights Act.
8 (9) Cooperate and coordinate with river basin
9 commissions and Federal, interstate, State, local and public
10 water supply agencies and other public or private entities as
11 may be appropriate for efficient water resources planning and
12 to avoid duplicative requirements to which water users may be
13 subject.
14 (10) Enter into administrative agreements, at its
15 discretion, with river basin commissions or Federal,
16 interstate, State or local agencies as may be appropriate for
17 any of the following purposes:
18 (i) To facilitate the submission and coordinated
19 review of information related to water resources.
20 (ii) To avoid unnecessary duplication of
21 administrative or planning functions.
22 (iii) To provide for coordinated inspection,
23 monitoring and enforcement of applicable laws and
24 regulations.
25 (iv) To accept delegation of authority for the
26 regulation or management of water resources planning or
27 information collection.
28 (v) To coordinate the development of water resources
29 plans in critical water planning areas and to ensure
30 coordinated and effective response to water resources
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1 shortages and drought emergencies.
2 (11) Enter into administrative agreements, at its
3 discretion, with river basin commissions or Federal,
4 interstate, State or local agencies as may be appropriate for
5 the purpose of delegating any of its authority under this
6 act. Any agency acting under a delegation agreement shall
7 have the same powers and duties otherwise vested in the
8 department to implement this act, to the extent delegated by
9 the agreement.
10 (12) Act as facilitator or contract for the services of
11 a facilitator in voluntary mediation proceedings for
12 settlement of disputes concerning consumptive use of water.
13 Representatives of all persons having an interest in the
14 water in controversy shall agree in writing to abide by any
15 settlement reached in mediation proceedings.
16 (13) Enter into contracts, including, but not limited
17 to, grants and other cooperative arrangements at its
18 discretion and under those terms and conditions as it may be
19 deemed appropriate with river basin commissions or Federal,
20 interstate, State or local agencies or with other persons in
21 support of implementation of its powers and duties under this
22 act. The department shall monitor and supervise activities
23 conducted under such agreements for consistency with the
24 department rules, regulations and policies.
25 (14) Receive financial and technical assistance from
26 Federal, interstate or State agencies or other public or
27 private entities where appropriate to do any and all things
28 necessary to implement the provisions of this act.
29 (15) Establish procedures for the filing and review of
30 petitions for the designation by the department, independent
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1 of identification of such areas in the State Water Plan, of
2 critical water planning areas, after notice and opportunity
3 for comment from interested persons, including, but not
4 limited to the following:
5 (i) Minimum information necessary to support a
6 petition, including up-to-date reliable water resources
7 data.
8 (ii) Name, address and the interest of the
9 petitioner in the area that is the subject of a petition
10 requesting designation.
11 (iii) Letter or other evidence of support for the
12 petition from the appropriate county planning agency and
13 applicable river basin commission.
14 (b) Administration of certain statutes.--The department
15 shall exercise and is vested with the powers and duties
16 established by the Water Well Drillers License Act, transferred
17 to the Department of Conservation and Natural Resources by
18 section 305 of the act of June 28, 1995 (P.L.89, No.18), known
19 as the Conservation and Natural Resources Act. The department
20 shall collect and administer the fees set by law in section 607-
21 A of The Administrative Code of 1929, for a water well drillers
22 license and water well driller rig permit. The definitions in
23 this act shall supersede and hereby replace the definitions in
24 the Water Well Drillers License Act.
25 (c) Water well technical advisory committee.--There is
26 hereby established within the department a Water Well Technical
27 Advisory Committee to advise the department in the preparation
28 of recommendations for regulations to be promulgated by the
29 Environmental Quality Board under section 4 and in implementing
30 a water well program under section 11. The committee shall
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1 consist of no more than 12 members to be appointed by the
2 secretary, with consideration of a diverse geographic
3 representation, and to include technically competent and
4 experienced persons representing water well drillers,
5 hydrogeologists and public health officials. Of the members
6 first appointed, four members of the committee shall serve for a
7 period of three years, four members shall serve for a period of
8 two years and four members shall serve for a period of one year.
9 Thereafter, each appointment shall be for a period of three
10 years. All vacancies shall be filled for the remainder of the
11 unexpired term in the same manner as the original appointments
12 to provide equitable representation of groups and geographic
13 areas. A member, upon expiration of the term, shall continue to
14 hold office until a successor is appointed. The department shall
15 make recommendations to the Environmental Quality Board on
16 proposed regulations regarding water wells within one year of
17 the effective date of this act.
18 Section 4. Powers and duties of Environmental Quality Board.
19 (a) General rule.--The Environmental Quality Board shall
20 exercise and is vested with the powers and duties established by
21 section 12 of the Water Well Drillers License Act, transferred
22 to the Department of Conservation and Natural Resources by
23 section 305 of the act of June 28, 1995 (P.L.89, No.18), known
24 as the Conservation and Natural Resources Act, with regard to
25 the adoption, amendment and rescission of reasonable rules and
26 regulations as may be necessary to accomplish the purposes of
27 the Water Well Drillers License Act and this act.
28 (b) Specific regulation.--The Environmental Quality Board
29 shall exercise the power to formulate, adopt and promulgate
30 rules and regulations concerning, but not limited to, the
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1 following:
2 (1) Minimum standards for the siting, construction,
3 alteration and abandonment of water wells.
4 (2) Minimum standards for the reporting of information
5 on the siting, construction, alteration and abandonment of
6 water wells.
7 (3) Minimum standards for the performance of water
8 sampling and reporting of water quality analyses on drinking
9 water wells.
10 (4) Minimum standards requiring the abandonment of water
11 wells, including sealing or filling.
12 (5) Minimum standards for the testing and appropriate
13 hydrologic training of water well drillers.
14 Section 5. State Water Plan.
15 (a) Preparation.--Within three years of the effective date
16 of this act, and every five years thereafter, the department
17 shall prepare and adopt an updated State Water Plan. The updated
18 plan shall be prepared with the advice of and in consultation
19 with a Statewide Water Resources Advisory Committee and with
20 other State, interstate, regional and other agencies,
21 commissions, organizations and advisory committees as deemed
22 appropriate by the department.
23 (b) Scope.--The plan shall be a high-level plan for the
24 purposes identified in section 1904-A of The Administrative Code
25 of 1929, consistent with the public interest, other laws and
26 regulations relating to water resources and the preservation of
27 the natural, scenic, historic and esthetic values of the
28 environment. The plan shall include:
29 (1) Identification and analysis of major water resources
30 issues by major basin.
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1 (2) That combination of policies, programs,
2 institutional arrangements and recommendations that address
3 the identified issues and the water quantity and related
4 quality needs and objectives of the Commonwealth and that
5 will guide future actions in managing the water resources in
6 the public interest.
7 (3) Identification of critical water planning areas.
8 (c) Factors considered.--In developing the plan,
9 consideration shall be given to:
10 (1) Analysis of existing and readily available water
11 resources data.
12 (2) Local and regional water resources needs, priorities
13 and objectives.
14 (3) National, interstate and State water resources
15 policies and objectives, including those identified in
16 statutory law, regulations, compacts, interstate agreements
17 or comprehensive plans adopted by Federal, interstate, State
18 or river basin commission agencies.
19 (4) Assessment of water availability and demands.
20 (5) The conjunctive use, development and management of
21 water resources.
22 (6) Application of water conservation practices and
23 water resource management and hydrologic principles,
24 including the protection of withdrawal and nonwithdrawal
25 uses, stream flows and provision for consumptive use makeup.
26 (7) The benefits, costs and economic, social and
27 environmental impacts of alternative policies, programs,
28 institutional arrangements and recommendations.
29 (d) Public review.--
30 (1) During the plan development process, the department
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1 shall hold public information meetings in order to receive
2 public comment.
3 (2) Through publication in the Pennsylvania Bulletin and
4 such other methods of public notice as deemed appropriate,
5 including the department's World Wide Web site, the
6 department shall provide public notice of the availability of
7 a draft plan for review at the department's regional offices
8 and other sites across the Commonwealth and shall accept
9 public comment for a period of at least 90 days before it
10 adopts a final updated plan.
11 (3) The department shall hold public hearings, with
12 public notice of the hearings being provided in the same
13 manner as in paragraph (2), before it adopts a final updated
14 plan.
15 Section 6. Statewide Water Resources Advisory Committee.
16 (a) Establishment.--There is hereby established within the
17 department a Statewide Water Resources Advisory Committee.
18 (b) Membership.--
19 (1) The committee shall consist of:
20 (i) The secretary or a designee, who shall be
21 chairman.
22 (ii) The Secretary of Agriculture or a designee.
23 (iii) The chairman of the Public Utility Commission
24 or a designee.
25 (iv) The Secretary of Conservation and Natural
26 Resources or a designee.
27 (v) The Secretary of Community and Economic
28 Development or a designee.
29 (vi) The executive directors of the Pennsylvania
30 Game Commission and the Pennsylvania Fish and Boat
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1 Commission or their designees.
2 (vii) The executive director of the Pennsylvania
3 Emergency Management Agency or a designee.
4 (viii) One member appointed by the secretary from
5 each of the five major basins.
6 (ix) Twelve members representing the interests of
7 commerce, manufacturing, mining, energy and power,
8 agriculture, environment and conservation, public water
9 supply, municipal government, recreation, fish and
10 wildlife, private practice groundwater science, and
11 academic surface water science to be appointed by the
12 Majority and Minority Leaders of the Senate and the
13 Majority and Minority Leaders of the House of
14 Representatives who shall each appoint three of the 12
15 members. In making these appointments, they shall seek a
16 diverse geographic representation to the extent possible.
17 (2) Of the members first appointed by the secretary
18 under subparagraph (1)(viii), two shall serve for a period of
19 three years, two shall serve for a period of two years and
20 one shall serve for a period of one year. Thereafter, each
21 appointment shall be for a period of three years. All
22 vacancies shall be filled for the remainder of the unexpired
23 term in the same manner as the original appointments to
24 provide equitable representation of groups and geographic
25 areas. A member, upon expiration of the term, shall continue
26 to hold office until a successor is appointed.
27 (3) Of the three members appointed each by the majority
28 and minority leaders under subparagraph (1)(ix), one shall
29 serve for a period of three years, one shall serve for a
30 period of two years and one shall serve for a period of one
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1 year. Thereafter, each appointment shall be for a period of
2 three years. All vacancies shall be filled for the remainder
3 of the unexpired term in the same manner as the original
4 appointments to provide equitable representation of groups
5 and geographic areas. A member, upon expiration of the term,
6 shall continue to hold office until a successor is appointed.
7 (c) Duties.--The committee shall advise the department in
8 the preparation of the State Water Plan and in implementing
9 other water resources programs under this act except the water
10 well program.
11 Section 7. Registration, reporting and recordkeeping.
12 (a) Registrations.--Any person whose existing, new or
13 increased withdrawal, diversion or consumptive use from one or
14 more water resources causes a total withdrawal, diversion or
15 consumptive use to equal or exceed an average of 10,000 gallons
16 per day in any 30-day period and all public water supply
17 agencies shall register with the department each source and the
18 amount of each withdrawal, diversion or consumptive use.
19 Registrations shall be submitted to the department no later than
20 twelve months from the effective date of this act or 30 days
21 from the initiation of such withdrawal, diversion or consumptive
22 use, whichever is later. Registrations shall be submitted on
23 forms in a manner and with accompanying data as prescribed by
24 the department.
25 (b) Reporting.--Beginning on the first day of January
26 following the effective date of this act, any person whose
27 existing, new or increased withdrawal, diversion, consumptive
28 use, discharge or return of water from or to one or more water
29 resources causes a total withdrawal, diversion, consumptive use,
30 discharge or return to equal or exceed an average of 10,000
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1 gallons per day in any 30-day period and all public water supply
2 agencies shall report to the department annually the source and
3 amount of each withdrawal, diversion, consumptive use,
4 discharge, or return flow. The information shall be submitted to
5 the department on forms, in such manner and with accompanying
6 data as prescribed by the department.
7 (c) Measurements, records and reports.--The department may
8 require any person subject to subsection (a) or (b) to install,
9 use and maintain metering equipment or methods, to perform
10 measuring, to maintain and retain records of information from
11 metering and measuring activities, to submit reports of metering
12 and measuring results and to provide such other information as
13 may be required to determine compliance with this act or with
14 the terms or conditions of any order issued under this act.
15 Section 8. Critical water planning areas.
16 (a) Nomination process.--The department shall establish a
17 process whereby the public may nominate a watershed
18 organization, river basin commission, planning agency or other
19 appropriate entity or combination of entities to prepare an
20 Integrated Water Resources Plan for any watershed in a critical
21 water planning area which is identified by an updated State
22 Water Plan in accordance with section 5 or designated by the
23 department under section 3(a)(15). The nominations shall be
24 subject to public notice and comment.
25 (b) Department to designate.--Based upon nominations under
26 subsection (a), the department is authorized to designate a
27 watershed organization, river basin commission, planning agency
28 or other appropriate entity or combination of entities to
29 prepare an Integrated Water Resources Plan for any watershed in
30 a critical water planning area identified by an updated State
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1 Water Plan in accordance with section 5 or designated by the
2 department under section 3(a)(15). The department shall
3 designate only entities that meet all of the following
4 requirements:
5 (1) Are technically capable of completing an Integrated
6 Water Resources Plan that meets the requirements of
7 subsection (c).
8 (2) Are representative of the watershed for which the
9 plan is being prepared.
10 (3) Have demonstrated a capability and commitment to the
11 public participation process that must be part of the
12 planning process required by subsection (d).
13 (c) Contents of plan.--An Integrated Water Resources Plan
14 shall contain, at a minimum, the following components:
15 (1) Identification of existing water resources within
16 the watershed, including water resources that originate
17 outside the watershed and those that are exported.
18 (2) Assessment of the impacts of water quality and
19 remediation upon water resources availability.
20 (3) Identification of current withdrawal and
21 nonwithdrawal uses within the watershed, including
22 consumptive and conjunctive uses.
23 (4) Projection of future trends in withdrawal and
24 nonwithdrawal uses and water resources needs, including
25 population and land use projections, within the watershed.
26 (5) Assessment of the capacity of the watershed to
27 provide adequate water supplies to meet anticipated demands
28 and water resources needs, including the minimum stream flows
29 and groundwater levels necessary to ensure adequate water
30 quantity and quality for the protection of the water resource
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1 and ecology, aquatic organisms and other environmental
2 values.
3 (6) Consideration of storm water and floodplain
4 management within the watershed, including their impacts upon
5 water quality and quantity.
6 (7) Identification of water resources shortfalls,
7 existing and potential conflicts among users and areas of the
8 watershed that require special management.
9 (8) Evaluation of supply-side and demand-side
10 alternatives to meet water resources needs of the watershed.
11 (9) Assessment of wastewater discharges to subsurface
12 formations and to surface water resources.
13 (10) Recommendations for programs, procedures and
14 management options, including a schedule to implement and
15 periodically update at least every five years, the Integrated
16 Water Resources Plan, resolve conflicts and to meet water
17 resources needs in the watershed based upon accepted
18 principles of hydrology, effective environmental protection
19 and efficient water management principles and consistent with
20 the public interest, laws and regulations related to water
21 resources and the preservation of the natural, scenic,
22 historic and esthetic values of the environment.
23 (d) Municipal and public participation.--
24 (1) The entity designated under (b) shall establish, in
25 conjunction with each Integrated Water Resources Plan, a
26 watershed planning advisory committee, composed of at least
27 one representative from each municipality within the
28 watershed, the appropriate county conservation district or
29 districts, the appropriate county planning agency or agencies
30 and such other agencies or groups with interests in the
20020S1230B1656 - 20 -
1 watershed as are necessary and proper to carry out the
2 purposes of the committee, which may include representatives
3 of public water supply, industry, commerce, energy,
4 agriculture, conservation and environment.
5 (2) The watershed planning advisory committee shall be
6 responsible for advising the entity designated under
7 subsection (b) throughout the planning process, evaluating
8 policy, program and management alternatives, coordinating the
9 Integrated Water Resources Plan with other municipal plans
10 and programs and reviewing the plan prior to adoption.
11 (3) Prior to submission to the department, each
12 Integrated Water Resources Plan shall be reviewed by the
13 official planning agency and governing body of each
14 municipality in the watershed, the appropriate county
15 planning agency and regional planning agencies for
16 consistency with other plans and programs affecting the
17 watershed. All reviews shall be submitted to the department
18 with the proposed plan.
19 (e) Submission of plan and department review.--Upon
20 completion of the Integrated Water Resources Plan, the entity
21 designated under subsection (b) shall submit the Integrated
22 Water Resources Plan to the department for review and approval.
23 The department shall give notice and accept public comment on
24 any Integrated Water Resources Plan submitted to it. In addition
25 to considering the public comment, the department's review of an
26 Integrated Water Resources Plan shall ensure that the plan is
27 consistent with subsections (c) and (d) and does not conflict
28 with any laws or regulations related to water resources, the
29 State Water Plan, any applicable river basin commission
30 comprehensive plan or any other Integrated Water Resources Plans
20020S1230B1656 - 21 -
1 that may have been approved by the department.
2 (f) Voluntary reduction.--The department shall encourage the
3 voluntary implementation of water use reduction plans by all
4 water users in a critical water planning area. The department
5 will make available technical assistance for this purpose. The
6 department shall identify tools, including programs, procedures
7 and management options that may be available for the voluntary
8 implementation of such plans in a critical water planning area.
9 Section 9. Voluntary water conservation.
10 (a) Center established.--There is hereby established within
11 the department a Water Resources Technical Assistance Center to
12 promote voluntary water conservation and to provide technical
13 assistance on water resources issues. The center shall:
14 (1) Establish a voluntary Statewide water conservation
15 program for all water users.
16 (2) Establish guidelines for the development of
17 voluntary water use reduction plans in critical water
18 planning areas.
19 (3) Identify water conservation principles, practices
20 and technology to assist all water users in conserving water.
21 (4) Develop a water conservation educational program for
22 households, industry and other water users.
23 (5) Establish a Governor's Water Conservation Award to
24 recognize outstanding conservation of water.
25 (6) Develop a program to promote voluntary reduction of
26 unaccounted for water loss.
27 (b) Approval of grants, priority.--When approving grants or
28 loans, pursuant to the act of March 1, 1988 (P.L.82, No.16),
29 known as the Pennsylvania Infrastructure Investment Authority
30 Act, the Pennsylvania Infrastructure Investment Authority shall
20020S1230B1656 - 22 -
1 give priority to funding projects that address unaccounted-for
2 water loss or that implement water conservation practices by any
3 public water supply agency whose unaccounted-for water loss rate
4 exceeds 20%.
5 Section 10. Grants.
6 (a) Authorization.--The department is authorized to provide
7 grants for the following purposes:
8 (1) Reimbursement of up to 75% of the cost of preparing
9 an Integrated Water Resources Plan under section 8.
10 (2) Reimbursement of up to 75% of the cost of preparing
11 a voluntary water use reduction plan under section 8.
12 (3) Water resources education, technical assistance and
13 water conservation, including unaccounted-for water loss
14 reduction, under section 9.
15 (b) Funding.--Grants shall be made from funds available for
16 this purpose.
17 Section 11. Water wells.
18 (a) License required to abandon.--One year after the
19 effective date of this act no person shall abandon any water
20 well within this Commonwealth unless that person has first
21 secured from the department a license in conformance with the
22 procedures in section 6 of the Water Well Drillers License Act.
23 (b) Local agencies.--
24 (1) Nothing contained in this act shall be construed to
25 preempt the ability of a local agency to adopt or enforce
26 standards more stringent than those promulgated by the
27 Environmental Quality Board under section 4, so long as they
28 do not conflict with the standards promulgated by the
29 Environmental Quality Board.
30 (2) The provisions of any ordinance or regulation of any
20020S1230B1656 - 23 -
1 local agency that does not equal or exceed the minimum
2 standards promulgated by the Environmental Quality Board
3 under section 4 for siting, construction, alteration or
4 abandonment of water wells or for the performance of water
5 sampling and reporting of water quality analyses on drinking
6 water wells shall be superseded by the standards promulgated
7 by the Environmental Quality Board on the effective date of
8 those standards.
9 (c) Siting, construction, alteration and abandonment.--
10 (1) Beginning one year after the effective date of the
11 standards promulgated by the Environmental Quality Board
12 under section 4, any person who sites, constructs, alters or
13 abandons a water well shall do so in accordance with and
14 shall certify in writing that the person has performed the
15 work in accordance with such standards and shall submit
16 certification to the department and to the property owner for
17 whom the work was performed. The certification shall include
18 notice that the written statement is made under 18 Pa.C.S. §
19 4904(b) (relating to unsworn falsification to authorities),
20 or successor statute, and shall be delivered by certified
21 mail to the property owner. The certification, together with
22 such information on the siting, construction, alteration or
23 abandonment of the water well as prescribed by the standards
24 promulgated by the Environmental Quality Board under section
25 4, shall be submitted to the department on forms, in such
26 manner and with accompanying data as shall be prescribed by
27 the department.
28 (2) Beginning one year after the effective date of the
29 standards promulgated by the Environmental Quality Board
30 under section 4, any person who constructs or alters a
20020S1230B1656 - 24 -
1 drinking water well shall take or cause to be taken, at the
2 time of construction or alteration, a water sample which
3 shall be analyzed by a laboratory certified under the act of
4 May 1, 1984 (P.L.206, No.43), known as the Pennsylvania Safe
5 Drinking Water Act, or successor act, for the contaminants
6 specified by the standards promulgated by the Environmental
7 Quality Board. Prior to use of the well for human
8 consumption, a report of the results of the water quality
9 analyses shall be submitted by or on behalf of the drinking
10 water well driller to the drinking water well owner and to
11 the department on forms, in the manner and with accompanying
12 information prescribed by the department. Any well owner who
13 intends to transfer any interest in the water well shall make
14 disclosure of the water quality analyses, following the
15 disclosure procedure established by or under the act of July
16 2, 1996 (P.L.500, No.84), known as the Real Estate Seller
17 Disclosure Act.
18 (d) Water well driller testing, training and licensing.--
19 Beginning one year after the effective date of the standards
20 promulgated by the Environmental Quality Board under section 4,
21 any person licensed or making application to be licensed under
22 the Water Well Drillers License Act shall take and pass a water
23 well drillers test designated by the department and every three
24 years thereafter shall take six hours of appropriate hydrologic
25 training approved by the department. A water well driller shall
26 submit proof of a passing grade on such test and of successful
27 completion of the requisite hours of training with submission of
28 the annual license fee at the time the person makes application
29 for an initial license or renewal of a license to the department
30 or successor agency under the Water Well Drillers License Act or
20020S1230B1656 - 25 -
1 successor act. Failure to submit such proof will be cause for
2 denial of the application. Submission of false information
3 concerning such test or training shall be cause to suspend,
4 revoke or deny an application for a license of any water well
5 driller. Violation of subsection (c), including falsification of
6 any required certification under subsection (c)(1), shall also
7 be cause to suspend, revoke, or deny an application for a
8 license of any water well driller.
9 (e) Penalties.--
10 (1) Any person who violates the Water Well Drillers
11 License Act or subsection (a) or (c) of this section,
12 including violations of the standards promulgated by the
13 Environmental Quality Board under section 4, commits a
14 summary offense and shall, upon conviction, be sentenced to
15 pay a fine of not less than $500 and not more than $2,500 and
16 costs. Violations are enforceable by the department or its
17 agents, proper law enforcement authorities or private
18 citizens under Pa.R.Crim.P. Nos. 400-462 (relating to
19 procedures in summary cases) and 1000-1013 (relating to rules
20 of criminal procedure for the Philadelphia Municipal Court).
21 (2) Each day that a violation continues shall be
22 considered a separate violation.
23 Section 12. Public nuisances.
24 (a) Violation constitutes a public nuisance.--Any violation
25 of any provision of this act, the Water Well Drillers License
26 Act or the Water Rights Act or any order of the department shall
27 constitute a public nuisance. Any person committing a violation
28 shall be liable for the costs of abatement of any public
29 nuisance caused by such violation. The Environmental Hearing
30 Board and any court of competent jurisdiction is hereby given
20020S1230B1656 - 26 -
1 jurisdiction over actions to recover the costs of such
2 abatement.
3 (b) Abatement of violation.--Any activity declared by this
4 act to be a nuisance or which is otherwise a violation of this
5 act, the Water Well Drillers License Act or the Water Rights Act
6 shall be abatable in the manner provided by law or equity for
7 the abatement of public nuisances. In addition, the department
8 may proceed in equity to abate such nuisances or to restrain or
9 prevent any violation of this act, the Water Well Drillers
10 License Act or the Water Rights Act.
11 Section 13. Penalties and remedies.
12 (a) Duty to comply with orders of the department.--It shall
13 be the duty of any person to proceed diligently to comply with
14 any order issued pursuant to section 3. If such person fails to
15 proceed diligently or fails to comply with the order within such
16 time, if any, which may be specified, the person shall be guilty
17 of contempt and shall be punished by the court in an appropriate
18 manner. For this purpose, application may be made by the
19 department to the Commonwealth Court, which court is hereby
20 granted jurisdiction.
21 (b) Department to enforce.--The department shall have the
22 power and its duty shall be to issue such orders and initiate
23 such proceedings as may be necessary and appropriate for the
24 enforcement of this act, the Water Well Drillers License Act or
25 the Water Rights Act, any other provision of law
26 notwithstanding. These actions shall include, but are not
27 limited to, the following:
28 (1) To institute in any court of competent jurisdiction,
29 proceedings against any person to compel compliance with the
30 provisions of this act, the Water Well Drillers License Act
20020S1230B1656 - 27 -
1 or the Water Rights Act.
2 (2) To do any and all things and actions not
3 inconsistent with any provision of this act for the effective
4 enforcement of this act, the Water Well Drillers License Act
5 or the Water Rights Act.
6 (c) Civil penalties.--In addition to proceeding under any
7 other remedy available at law or in equity for a violation of
8 any provision of this act, the Water Well Drillers License Act
9 or the Water Rights Act or any order issued thereunder, the
10 department may assess a civil penalty upon a person for a
11 violation. The civil penalty may be assessed, whether or not the
12 violation was willful or negligent. When the department assesses
13 a civil penalty, it shall inform the person of the amount of the
14 penalty. The person assessed with the penalty shall then have 30
15 days to pay the penalty in full or, if the person wishes to
16 contest either the amount of the penalty or the fact of the
17 violation, the person shall, within the 30-day period, file an
18 appeal of the action with the Environmental Hearing Board.
19 Failure to appeal within 30 days shall result in a waiver of all
20 legal rights to contest the violation or the amount of the
21 penalty. The maximum civil penalty that may be assessed under
22 this section is $2,500 per day for each violation. Each
23 violation for each separate day and each violation of any
24 provision of this act, the Water Well Drillers License Act or
25 the Water Rights Act, or any order issued thereunder, shall
26 constitute a separate and distinct offense under this
27 subsection. In determining the amount of the penalty, the
28 department shall consider:
29 (1) The willfulness and duration of the violation.
30 (2) Damage to water resources, land or other natural
20020S1230B1656 - 28 -
1 resources or their uses, cost of restoration and abatement.
2 (3) Savings resulting to the person in consequences of
3 the violation.
4 (4) Deterrence of future violations.
5 (5) Other relevant factors.
6 (d) Penalties to be concurrent.--The penalties and remedies
7 prescribed by this act shall be deemed concurrent and the
8 existence of or exercise of any remedy shall not prevent the
9 department from exercising any other remedy hereunder, at law or
10 in equity.
11 (e) Separate offenses.--Violations on separate days shall
12 constitute separate offenses for purposes of this act.
13 Section 14. Existing rights and remedies preserved.
14 Except as provided in section 18, nothing in this act shall
15 be construed in a manner to repeal or supersede existing rights
16 and obligations of persons under existing law or statute.
17 Section 15. Existing rules and regulations.
18 (a) Validity.--Any rules and regulations promulgated prior
19 to the effective date of this act pursuant to the Water Well
20 Drillers License Act shall be the rules and regulations of the
21 department and shall continue in full force and effect, except
22 as modified by this act, until such time as the rules and
23 regulations are modified or repealed by the Environmental
24 Quality Board, under section 4 and under section 1920-A of The
25 Administrative Code of 1929.
26 (b) Notice.--The department shall deposit a notice with the
27 Legislative Reference Bureau renumbering the regulations at 17
28 Pa. Code Ch. 47 (relating to drilling water wells), to the
29 appropriate title of the Pennsylvania Code and making at that
30 time needed editorial changes to reflect the transfer of powers
20020S1230B1656 - 29 -
1 and duties under this act.
2 Section 16. Transfer provisions.
3 (a) Transfer enumerated.--All personnel, allocations,
4 appropriations, equipment, files, records, contracts,
5 agreements, obligations and other materials which are used,
6 employed or expended by the Department of Conservation and
7 Natural Resources in conjunction with the functions transferred
8 by this act to the department are hereby transferred to the
9 department as if these contracts, agreements and obligations had
10 been incurred or entered into by the department in the first
11 instance.
12 (b) Apportionment.--The personnel, appropriations, equipment
13 and other items and material transferred by this section shall
14 include an appropriate portion of the general administrative,
15 overhead and supporting personnel, appropriations, equipment and
16 other material of the Department of Conservation and Natural
17 Resources.
18 (c) Status of employees.--All personnel transferred pursuant
19 to this act shall retain any civil service employment status
20 assigned to the personnel.
21 Section 17. Financial provisions.
22 (a) Water Conservation Account.--All fines, civil penalties
23 or recovered costs collected under the provisions of section 11,
24 12 or 13 shall be paid into the State Treasury into a separate
25 account to be known as the Water Conservation Account. All
26 moneys placed in the account are hereby appropriated to the
27 department for the purposes authorized in this act.
28 (b) Use of other funds.--Money in the Environmental
29 Stewardship Fund, established by 27 Pa.C.S. § 6104 (relating to
30 fund), known as the Environmental Stewardship and Watershed
20020S1230B1656 - 30 -
1 Protection Act, which is available to the department, and The
2 Clean Water Fund, established by the act of June 22, 1937
3 (P.L.1987, No.394)), known as The Clean Streams Law, may be used
4 by the department for the purposes of this act.
5 Section 18. Repeals.
6 Sections 3, 11 and 13 of the act of May 29, 1956 (1955
7 P.L.1840, No.610), known as the Water Well Drillers License Act,
8 are repealed.
9 Section 19. Effective date.
10 This act shall take effect immediately.
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