1Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An 
2act providing for safe drinking water; imposing powers and 
3duties on the Department of Environmental Resources in 
4relation thereto; and appropriating certain funds," further 
5providing for definitions, for applications and requests for 
6approval for facilities and activities in the critical zone, 
7for wellhead protection, for surface water intake protection 
8and for civil and criminal penalties; and making editorial 
9changes.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The definition of "department" in section 3 of 
13the act of May 1, 1984 (P.L.206, No.43), known as the 
14Pennsylvania Safe Drinking Water Act, is amended and the section 
15is amended by adding definitions to read:

16Section 3. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20* * *

21"Critical zone." For surface water intakes, the critical 

1zone is the area that extends from one-quarter mile downstream 
2of a drinking water intake for a community water system to 25 
3miles upstream from the intake, including an area one-quarter 
4mile upland from the bank of the surface water body. For 
5groundwater wells that provide water for a community water 
6system, the term includes the capture zone of the source, which 
7shall be deemed to be the circular area within a radius of one-
8half mile from the well, unless a more detailed wellhead 
9protection area has been established by the Department of 
10Environmental Protection.

11"Department." The Department of Environmental [Resources] 
12Protection.

13* * *

14"Groundwater." Water beneath the surface of the ground that 
15exists in a zone of saturation.

16* * *

17"Surface waters." Water on the surface of the earth, 
18including water in a perennial or intermittent stream, river, 
19lake, reservoir, pond, spring, wetland, swamp, marsh, natural 
20seep, estuary or other surface water, whether the body of water 
21is natural or artificial.

22* * *

23"Wellhead." A groundwater well source that is used for 
24community water systems.

25"Wellhead protection area." The surface and subsurface area 
26surrounding a water well or wellfield, supplying a public water 
27system, through which contaminants are reasonably likely to move 
28toward and reach the water well or wellfield.

29"Zone I." The circular area within a radius of 100 to 400 
30feet from the well, based on site specific source and aquifer 

1characteristics.

2"Zone II." The capture zone of the source that shall be 
3deemed to be the circular area within a radius of one-half mile 
4from the source, unless a more detailed wellhead protection area 
5has been established by the Department of Environmental 
6Protection or a delineation is conducted by a registered 
7professional geologist and approved by the department.

8Section 2. The act is amended by adding sections to read:

9Section 7.1. Applications and requests for approval for
10facilities and activities in the critical zone.

11(a) Applicants.--An applicant for a facility, a discharge or
12other activity in a critical zone that requires a department
13permit or approval must demonstrate in its application or
14request for approval that the facility, discharge or other
15activity will not degrade the existing water quality of the
16critical zone.

17(b) Issuance of permits and approvals in critical zones.--
18The department shall not issue a permit or approval for any
19facility, discharge or other activity within a critical zone
20unless the applicant or other person proposing the facility,
21discharge or other activity demonstrates that the facility,
22discharge or other activity will not degrade the existing water
23quality of the critical zone.

24(c) Powers and duties of Environmental Quality Board and
25department.--

26(1) The Environmental Quality Board is authorized to
27promulgate rules and regulations to carry out the purposes of
28this act.

29(2) The department may issue orders and take other
30actions that are necessary to carry out the purposes of this

1act.

2(d) Declaration of public nuisance.--

3(1) A violation of this act, the rules and regulations
4promulgated under this act, or any orders issued pursuant to
5this act, is declared to be a nuisance, abatable in law or
6equity, by the department, the district attorney of any
7county or the solicitor of any municipality affected or by a
8citizen.

9(2) A facility, discharge or other activity that
10requires a permit or approval from the department that
11degrades the water quality of a critical zone is declared to
12be unlawful and a nuisance, abatable in law or equity, by the
13department, the district attorney of any county or the
14solicitor of any municipality affected, or by a citizen.

15Section 7.2. Wellhead protection.

16(a) Municipal ordinance.--Each municipality that has
17adopted, or in the future adopts, a zoning ordinance, including
18any joint municipal zoning ordinance, shall also adopt,
19implement and enforce a wellhead protection ordinance if:

20(1) One or more wellheads exist within the municipality.

21(2) Zone I or Zone II of a wellhead exists within the
22municipality.

23(3) A wellhead or Zone I or Zone II of a wellhead is
24created in that municipality at any time in the future.

25(b) Restrictions.--The wellhead protection ordinance
26required by this subsection shall regulate land use in Zone I
27and Zone II, restricting establishment or operation of land uses
28that could cause contamination of groundwater that supplies
29wellheads for community water systems.

30(c) Departmental regulations.--The department shall develop

1regulations governing the adoption of the ordinance and shall
2establish the form and content of a model wellhead protection
3ordinance. The model ordinance shall include acceptable
4methodologies for the delineation of Zone I and Zone II, shall
5enumerate the land uses to be regulated under the ordinance and
6the restrictions applicable to the land uses in Zone I and Zone
7II, and shall set forth any appropriate exceptions, enforcement
8procedures and reporting requirements. These regulations and the
9model wellhead protection ordinance shall be deemed to establish
10Statewide minimum requirements for wellhead protection. Nothing
11in this act may be deemed to limit, restrict or prohibit the
12power of a municipality to establish requirements for wellhead
13protection that are more stringent than those set forth in this
14act, or in the department's regulations or the model wellhead
15protection ordinance established under this section.

16Section 7.3. Surface water intake protection.

17(a) Municipal ordinance.--Each municipality that has
18adopted, or in the future adopts, a zoning ordinance, including
19any joint municipal zoning ordinance, shall also adopt,
20implement and enforce a surface water intake protection
21ordinance if:

22(1) One or more surface water intakes exist within the
23municipality.

24(2) The critical zone of an intake exists within the
25municipality.

26(3) An intake or critical zone of an intake is created
27in that municipality at any time in the future.

28(b) Restrictions.--The surface water intake ordinance
29required by this section shall regulate land use near any
30surface water intake and the critical zone for the intakes,

1restricting establishment or operation of land uses that could
2cause contamination of water that supplies the intake for
3community water systems.

4(c) Departmental regulations.--The department shall develop
5regulations governing the adoption of the ordinance and shall
6establish the form and content of a surface water intake
7protection ordinance. The model ordinance shall enumerate the
8land uses to be regulated under the ordinance and the
9restrictions applicable to the land uses in the critical zone
10and shall set forth any appropriate exceptions, enforcement
11procedures and reporting requirements. These regulations and the
12model ordinance shall be deemed to establish Statewide minimum
13requirements for surface water intake protection. Nothing in
14this act may be deemed to limit, restrict or prohibit the power
15of any municipality to establish requirements for surface water
16intake protection that are more stringent than those set forth
17in this act, or in the department's regulations or the model
18wellhead protection ordinance established under this section.

19Section 7.4. Civil and criminal penalties.

20(a) Civil penalties.--

21(1) In addition to proceeding under any other remedy
22available at law or in equity for a violation of a provision
23of this act or any rule or regulation promulgated under this
24act or any order issued pursuant to this act, the department
25may assess a civil penalty for the violation. The penalty may
26be assessed whether or not the violation was willful. The
27civil penalty so assessed shall not exceed $25,000 per day
28for each violation. In determining the amount of the penalty,
29the department shall consider all of the following:

30(i) the willfullness of the violation.

1(ii) Damage to water or other natural resources of
2the Commonwealth or their uses.

3(iii) Financial benefit to the person in consequence
4of the violation.

5(iv) Deterrence of future violations.

6(v) Cost to the department.

7(vi) The nature and size of the affected resource
8and the facility, activity or land use causing the
9violation.

10(vii) The compliance history of the violator.

11(viii) The severity and duration of the violation.

12(ix) Degree of cooperation in resolving the
13violation.

14(x) The speed with which compliance is ultimately
15achieved.

16(xi) Whether the violation was voluntarily reported.

17(xii) Other relevant factors.

18(2) The civil penalty shall be payable to the Safe
19Drinking Water Account and shall be collectible in any manner
20provided by law for the collection of debts, including the
21collection of interest at the rate established by law, which
22shall run from the date of assessment of the penalty. Upon
23failure by the liable person to pay the penalty after demand,
24the amount, together with interest and any costs that may
25accrue, shall constitute a debt of the person to the Safe
26Drinking Water Account. The debt shall constitute a lien on
27all property owned by the person when a notice of lien
28incorporating a description of the property of the person
29subject to the action is duly filed with the prothonotary of
30the court of common pleas where the property is located. Upon

1entry by the prothonotary, the lien shall attach to the
2revenues and all real and personal property of the person,
3whether or not the person is solvent. The notice of lien
4shall create a lien with priority over all subsequent claims
5or liens that are filed against the person.

6(b) Criminal penalties.--

7(1) A person who violates any provision of this act, a
8rule or regulation adopted under this act, or an order of the
9department issued pursuant to this act commits a summary
10offense and shall, upon conviction, be sentenced to pay a
11fine of not less than $100 nor more than $2,500 for each
12separate offense and, in default of the payment of the fine,
13may be sentenced to imprisonment for 90 days for each
14separate offense. Employees of the department authorized to
15conduct inspections or investigations are declared to be law
16enforcement officers authorized to issue or file citations
17for summary violations under this act, and the General
18Counsel is hereby authorized to prosecute these offenses. For
19purposes of this subsection, a summary offense may be
20prosecuted before any district justice in the county where
21the offense occurred.

22(2) A person who willfully or negligently violates a
23provision of this act, a rule or regulation adopted under
24this act or an order of the department issued pursuant to
25this act commits a misdemeanor of the third degree and shall,
26upon conviction, be sentenced to pay a fine of not less than
27$2,500 nor more than $50,000 for each separate offense or to
28imprisonment for a period of not more than two years for each
29separate offense, or both.

30Section 7.5. Other enforcement.

1A person may commence a civil action to compel compliance
2with this act or any rule, regulation or order issued pursuant
3to this act. In addition to seeking to compel compliance, a
4person may request the court to award civil penalties. The court
5shall use the factors and amounts contained in section 6(a) in
6awarding civil penalties under this section. The penalties shall
7be paid into the Safe Drinking Water Account.

8Section 3. This act shall take effect in 180 days.