See other bills
under the
same topic
PRINTER'S NO. 836
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
707
Session of
2017
INTRODUCED BY McILHINNEY, COSTA, GREENLEAF, RAFFERTY, MENSCH,
DINNIMAN, TARTAGLIONE, HUGHES, SCHWANK AND BROWNE,
MAY 12, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 12, 2017
AN ACT
Amending the act of May 1, 1984 (P.L.206, No.43), entitled "An
act providing for safe drinking water; imposing powers and
duties on the Department of Environmental Resources in
relation thereto; and appropriating certain funds," further
providing for definitions; providing for applications and
requests for approval for facilities and activities in
critical zone, for wellhead protection, for surface water
intake protection, for civil and criminal penalties and for
other enforcement; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of May 1, 1984 (P.L.206,
No.43), known as the Pennsylvania Safe Drinking Water Act, is
amended to read:
AN ACT
Providing for safe drinking water; imposing powers and duties on
the Department of Environmental [Resources] Protection in
relation thereto; and appropriating certain funds.
Section 2. The definition of "department" in section 3 of
the act is amended and the section is amended by adding
definitions to read:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
" Critical zone. " For surface water intakes, the critical
zone is the area that extends from one-quarter mile downstream
of a drinking water intake for a community water system to 25
miles upstream from the intake, including an area one-quarter
mile upland from the bank of the surface water body. For
groundwater wells that provide water for a community water
system, the term includes the capture zone of the source, which
shall be deemed to be the circular area within a radius of one-
half mile from the well, unless a more detailed wellhead
protection area has been established by the Department of
Environmental Protection.
"Department." The Department of Environmental [Resources]
Protection.
* * *
" Groundwater. " Water beneath the surface of the ground that
exists in a zone of saturation.
* * *
" Surface waters." Water on the surface of the earth,
including water in a perennial or intermittent stream, river,
lake, reservoir, pond, spring, wetland, swamp, marsh, natural
seep, estuary or other surface water, whether the body of water
is natural or artificial.
* * *
" Wellhead. " A groundwater well source that is used for
community water systems.
20170SB0707PN0836 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
" Wellhead protection area. " The surface and subsurface area
surrounding a water well or wellfield, supplying a public water
system, through which contaminants are reasonably likely to move
toward and reach the water well or wellfield.
" Zone I. " The circular area within a radius of 100 to 400
feet from the well, based on site specific source and aquifer
characteristics.
" Zone II. " The capture zone of the source that shall be
deemed to be the circular area within a radius of one-half mile
from the source, unless a more detailed wellhead protection area
has been established by the Department of Environmental
Protection or a delineation is conducted by a registered
professional geologist and approved by the department.
Section 3. The act is amended by adding sections to read:
Section 7.1. Applications and requests for approval for
facilities and activities in critical zone.
(a) Applicants.--An applicant for a facility, a discharge or
other activity in a critical zone that requires a department
permit or approval must demonstrate in its application or
request for approval that the facility, discharge or other
activity will not degrade the existing water quality of the
critical zone.
(b) Issuance of permits and approvals in critical zones.--
The department shall not issue a permit or approval for any
facility, discharge or other activity within a critical zone
unless the applicant or other person proposing the facility,
discharge or other activity demonstrates that the facility,
discharge or other activity will not degrade the existing water
quality of the critical zone.
(c) Powers and duties of Environmental Quality Board and
20170SB0707PN0836 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
department.--
(1) The Environmental Quality Board is authorized to
promulgate rules and regulations to carry out the purposes of
this section.
(2) The department may issue orders and take other
actions that are necessary to carry out the purposes of this
section.
(d) Declaration of public nuisance.--
(1) A violation of this section, the rules and
regulations promulgated under this section, or any order
issued pursuant to this section, is declared to be a
nuisance, abatable in law or equity, by the department, the
district attorney of any county or the solicitor of any
municipality affected, or by a citizen.
(2) A facility, discharge or other activity that
requires a permit or approval from the department that
degrades the water quality of a critical zone is declared to
be unlawful and a nuisance, abatable in law or equity, by the
department, the district attorney of any county or the
solicitor of any municipality affected, or by a citizen.
Section 7.2. Wellhead protection.
(a) Municipal ordinance.--Each municipality that has
adopted, or in the future adopts, a zoning ordinance, including
any joint municipal zoning ordinance, shall also adopt,
implement and enforce a wellhead protection ordinance if:
(1) One or more wellheads exist within the municipality.
(2) Zone I or Zone II of a wellhead exists within the
municipality.
(3) A wellhead or Zone I or Zone II of a wellhead is
created in that municipality at any time in the future.
20170SB0707PN0836 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Restrictions.--The wellhead protection ordinance
required by this section shall regulate land use in Zone I and
Zone II, restricting establishment or operation of land uses
that could cause contamination of groundwater that supplies
wellheads for community water systems.
(c) Departmental regulations.--The department shall develop
regulations governing the adoption of the ordinance and shall
establish the form and content of a model wellhead protection
ordinance. The model ordinance shall include acceptable
methodologies for the delineation of Zone I and Zone II, shall
enumerate the land uses to be regulated under the ordinance and
the restrictions applicable to the land uses in Zone I and Zone
II and shall set forth any appropriate exceptions, enforcement
procedures and reporting requirements. These regulations and the
model wellhead protection ordinance shall be deemed to establish
Statewide minimum requirements for wellhead protection. Nothing
in this act may be deemed to limit, restrict or prohibit the
power of a municipality to establish requirements for wellhead
protection that are more stringent than those set forth in this
act or in the department's regulations or the model wellhead
protection ordinance established under this section.
Section 7.3. Surface water intake protection.
(a) Municipal ordinance.--Each municipality that has
adopted, or in the future adopts, a zoning ordinance, including
any joint municipal zoning ordinance, shall also adopt,
implement and enforce a surface water intake protection
ordinance if:
(1) One or more surface water intakes exist within the
municipality.
(2) The critical zone of an intake exists within the
20170SB0707PN0836 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
municipality.
(3) An intake or critical zone of an intake is created
in that municipality at any time in the future.
(b) Restrictions.--The surface water intake ordinance
required by this section shall regulate land use near any
surface water intake and the critical zone for the intakes,
restricting establishment or operation of land uses that could
cause contamination of water that supplies the intake for
community water systems.
(c) Departmental regulations.--The department shall develop
regulations governing the adoption of the ordinance and shall
establish the form and content of a surface water intake
protection ordinance. The model ordinance shall enumerate the
land uses to be regulated under the ordinance and the
restrictions applicable to the land uses in the critical zone
and shall set forth any appropriate exceptions, enforcement
procedures and reporting requirements. These regulations and the
model ordinance shall be deemed to establish Statewide minimum
requirements for surface water intake protection. Nothing in
this act may be deemed to limit, restrict or prohibit the power
of any municipality to establish requirements for surface water
intake protection that are more stringent than those set forth
in this act or in the department's regulations or the model
wellhead protection ordinance established under this section.
Section 7.4. Civil and criminal penalties.
(a) Civil penalties.--
(1) In addition to proceeding under any other remedy
available at law or in equity for a violation of section 7.1
or a rule or regulation promulgated under section 7.1 or an
order issued pursuant to section 7.1, the department may
20170SB0707PN0836 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
assess a civil penalty for the violation. The penalty may be
assessed whether or not the violation was willful. The civil
penalty so assessed shall not exceed $25,000 per day for each
violation. In determining the amount of the penalty, the
department shall consider all of the following:
(i) The willfulness of the violation.
(ii) Damage to water or other natural resources of
the Commonwealth or their uses.
(iii) Financial benefit to the person in consequence
of the violation.
(iv) Deterrence of future violations.
(v) Cost to the department.
(vi) The nature and size of the affected resource
and the facility, activity or land use causing the
violation.
(vii) The compliance history of the violator.
(viii) The severity and duration of the violation.
(ix) Degree of cooperation in resolving the
violation.
(x) The speed with which compliance is ultimately
achieved.
(xi) Whether the violation was voluntarily reported.
(xii) Other relevant factors.
(2) The civil penalty shall be payable to the Safe
Drinking Water Account and shall be collectible in any manner
provided by law for the collection of debts, including the
collection of interest at the rate established by law, which
shall run from the date of assessment of the penalty. Upon
failure by the liable person to pay the penalty after demand,
the amount, together with interest and any costs that may
20170SB0707PN0836 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
accrue, shall constitute a debt of the person to the Safe
Drinking Water Account. The debt shall constitute a lien on
all property owned by the person when a notice of lien
incorporating a description of the property of the person
subject to the action is duly filed with the prothonotary of
the court of common pleas where the property is located. Upon
entry by the prothonotary, the lien shall attach to the
revenues and all real and personal property of the person,
whether or not the person is solvent. The notice of lien
shall create a lien with priority over all subsequent claims
or liens that are filed against the person.
(b) Criminal penalties.--
(1) A person who violates section 7.1, a rule or
regulation adopted under section 7.1 or an order of the
department issued pursuant to section 7.1 commits a summary
offense and shall, upon conviction, be sentenced to pay a
fine of not less than $100 nor more than $2,500 for each
separate offense and, in default of the payment of the fine,
may be sentenced to imprisonment for 90 days for each
separate offense. Employees of the department authorized to
conduct inspections or investigations are declared to be law
enforcement officers authorized to issue or file citations
for summary violations under section 7.1, and the General
Counsel is hereby authorized to prosecute these offenses. For
purposes of this subsection, a summary offense may be
prosecuted before any district justice in the county where
the offense occurred.
(2) A person who willfully or negligently violates
section 7.1, a rule or regulation adopted under section 7.1
or an order of the department issued pursuant to section 7.1
20170SB0707PN0836 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
commits a misdemeanor of the third degree and shall, upon
conviction, be sentenced to pay a fine of not less than
$2,500 nor more than $50,000 for each separate offense or to
imprisonment for a period of not more than two years for each
separate offense, or both.
Section 7.5. Other enforcement.
A person may commence a civil action to compel compliance
with section 7.1 or a rule, regulation or order issued pursuant
to section 7.1. In addition to seeking to compel compliance, a
person may request the court to award civil penalties. The court
shall use the factors and amounts contained in section 7.4(a) in
awarding civil penalties under this section. The penalties shall
be paid into the Safe Drinking Water Account.
Section 4. This act shall take effect in 180 days.
20170SB0707PN0836 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14