PRINTER'S NO. 1859
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1459
Session of
2017
INTRODUCED BY HEFFLEY, MILLARD, PICKETT, JAMES, WARD, WHEELAND,
MASSER, ZIMMERMAN, COX AND HILL-EVANS, MAY 25, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MAY 25, 2017
AN ACT
Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
as amended, "An act to preserve and improve the purity of the
waters of the Commonwealth for the protection of public
health, animal and aquatic life, and for industrial
consumption, and recreation; empowering and directing the
creation of indebtedness or the issuing of non-debt revenue
bonds by political subdivisions to provide works to abate
pollution; providing protection of water supply and water
quality; providing for the jurisdiction of courts in the
enforcement thereof; providing additional remedies for
abating pollution of waters; imposing certain penalties;
repealing certain acts; regulating discharges of sewage and
industrial wastes; regulating the operation of mines and
regulating the impact of mining upon water quality, supply
and quantity; placing responsibilities upon landowners and
land occupiers and to maintain primary jurisdiction over
surface coal mining in Pennsylvania," in general provisions
and public policy, further providing for powers and duties of
department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5(a) of the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, is amended
and the section is amended by adding a subsection to read:
Section 5. Powers and Duties.--(a) [The] Subject to the
provisions of subsection (c), the department, in adopting rules
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and regulations, in establishing policy and priorities, in
issuing orders or permits, and in taking any other action
pursuant to this act, shall, in the exercise of sound judgment
and discretion, and for the purpose of implementing the
declaration of policy set forth in section 4 of this act,
consider, where applicable, the following:
(1) Water quality management and pollution control in the
watershed as a whole;
(2) The present and possible future uses of particular
waters;
(3) The feasibility of combined or joint treatment
facilities;
(4) The state of scientific and technological knowledge;
(5) The immediate and long-range economic impact upon the
Commonwealth and its citizens.
* * *
(c) Fish hatcheries in a county of the fifth, sixth, seventh
or eighth class in operation, continuously or otherwise, prior
to January 1, 1993, shall be exempt from the provisions of 25
Pa. Code Ch. 93 (relating to water quality standards).
Section 2. Any and all regulations are abrogated to the
extent of any inconsistency with this act.
Section 3. This act shall take effect in 60 days.
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