1Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
2as amended, "An act to preserve and improve the purity of the
3waters of the Commonwealth for the protection of public
4health, animal and aquatic life, and for industrial
5consumption, and recreation; empowering and directing the
6creation of indebtedness or the issuing of non-debt revenue
7bonds by political subdivisions to provide works to abate
8pollution; providing protection of water supply and water
9quality; providing for the jurisdiction of courts in the
10enforcement thereof; providing additional remedies for
11abating pollution of waters; imposing certain penalties;
12repealing certain acts; regulating discharges of sewage and
13industrial wastes; regulating the operation of mines and
14regulating the impact of mining upon water quality, supply
15and quantity; placing responsibilities upon landowners and
16land occupiers and to maintain primary jurisdiction over
17surface coal mining in Pennsylvania," further providing for
18powers and duties of department.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. Section 5 of the act of June 22, 1937 (P.L.1987,
22No.394), known as The Clean Streams Law, amended October 10,
231980 (P.L.894, No.157), is amended to read:

24Section 5. Powers and Duties.--(a) [The] Subject to the
25provisions of subsection (b), the department, in adopting rules

1and regulations, in establishing policy and priorities, in
2issuing orders or permits, and in taking any other action
3pursuant to this act, shall, in the exercise of sound judgment
4and discretion, and for the purpose of implementing the
5declaration of policy set forth in section 4 of this act,
6consider, where applicable, the following:

7(1) Water quality management and pollution control in the
8watershed as a whole;

9(2) The present and possible future uses of particular
10waters;

11(3) The feasibility of combined or joint treatment
12facilities;

13(4) The state of scientific and technological knowledge;

14(5) The immediate and long-range economic impact upon the
15Commonwealth and its citizens.

16(b) The department shall have the power and its duty shall
17be to:

18(1) Formulate, adopt, promulgate and repeal such rules and
19regulations and issue such orders as are necessary to implement
20the provisions of this act.

21(2) Establish policies for effective water quality control
22and water quality management in [the] this Commonwealth [of
23Pennsylvania] and coordinate and be responsible for the
24development and implementation of comprehensive public water
25supply, waste management and other water quality plans.

26(3) Review all Commonwealth research programs pertaining to
27public water supply, water quality control and water quality
28management: Provided, however, That this section shall not be
29construed to limit the authority of each department to conduct
30research programs and operations as authorized by law.

1(4) Report from time to time to the Legislature and to the
2Governor on the Commonwealth's public water supply and water
3quality control program.

4(5) Review and take appropriate action on all permit
5applications submitted pursuant to the provisions of this act
6and to issue, modify, suspend, limit, renew or revoke permits
7pursuant to this act and to the rules and regulations of the
8department. In all cases involving surface coal mining
9operations as they are defined in section 3 of the act of May
1031, 1945 (P.L.1198, No.418), known as the "Surface Mining
11Conservation and Reclamation Act," following the department's
12decision whether to approve or deny a renewal, the burden shall
13be on the opponent of the department's decision.

14(6) Receive and act upon complaints.

15(7) Issue such orders as may be necessary to implement the
16provisions of this act or the rules and regulations of the
17department.

18(8) Make such inspections of public or private property as
19are necessary to determine compliance with the provisions of
20this act, and the rules, regulations, orders or permits issued
21hereunder.

22(c) The department may not, in conjunction with planning and
23permitting under the act of January 24, 1965 (1966, P.L.1535,
24No.537), known as the "Pennsylvania Sewage Facilities Act," for
25individual or community on lot sewage systems require anti-
26degradation plans or measures.

27Section 2. This act shall take effect in 60 days.