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(a) of the act of June 22, 1937
22(P.L.1987, No.394), known as The Clean Streams Law, amended
23October 10, 1980 (P.L.894, No.157), is amended and the section
24is amended by adding a subsection to read:

25Section 5. Powers and Duties.--(a) [The] Subject to the
 

1provisions of subsection (c), the department, in adopting rules
2and regulations, in establishing policy and priorities, in
3issuing orders or permits, and in taking any other action
4pursuant to this act, shall, in the exercise of sound judgment
5and discretion, and for the purpose of implementing the
6declaration of policy set forth in section 4 of this act,
7consider, where applicable, the following:

8(1) Water quality management and pollution control in the
9watershed as a whole;

10(2) The present and possible future uses of particular
11waters;

12(3) The feasibility of combined or joint treatment
13facilities;

14(4) The state of scientific and technological knowledge;

15(5) The immediate and long-range economic impact upon the
16Commonwealth and its citizens.

17* * *

18(c) Fish hatcheries in a county of the fifth, sixth, seventh
19or eighth class in operation, continuously or otherwise, prior
20to January 1, 1993, shall be exempt from the provisions of 25
21Pa. Code Ch. 93 (relating to water quality standards).

22Section 2. Any and all regulations are abrogated to the
23extent of any inconsistency with this act.

24Section 3. This act shall take effect in 60 days.