PRINTER'S NO. 535
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
572
Session of
2021
INTRODUCED BY ZIMMERMAN, ROWE, MILLARD, GREINER, JAMES, ECKER,
GLEIM AND KEEFER, FEBRUARY 22, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 22, 2021
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 and for variances and exemptions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public water system" in
section 3 of the act of May 1, 1984 (P.L.206, No.43), known as
the Pennsylvania Safe Drinking Water Act, is amended to read:
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:
* * *
"Public water system." A system for the provision to the
public of water for human consumption which has at least 15
service connections or regularly serves an average of at least
25 individuals daily at least 60 days out of the year. The
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following apply:
(1) The term includes:
[(1)] (i) Any collection, treatment, storage and
distribution facilities under control of the operator of
such system and used in connection with such system.
[(2)] (ii) Any collection or pretreatment storage
facilities not under such control which are used in
connection with such a system.
[(3)] (iii) A system which provides water for
bottling or bulk hauling for human consumption.
(2) The term does not include a facility that both is
owned by a church, association of churches or other religious
order, body or institution which qualifies for exemption from
taxation under section 501(c)(3) or (d) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ยง 501) and
relies upon a privately owned water well for its drinking
water supply.
* * *
Section 2. Section 6(b) and (c) of the act are amended to
read:
Section 6. Variances and exemptions.
* * *
(b) Variances from treatment technique requirements.--The
department [may] shall authorize variances from a treatment
technique required under the drinking water standards if the
public water system applying for the variance demonstrates to
the satisfaction of the department that the drinking water
quality is in accordance wit h the current surface water
treatment rules established by the United States Environmental
Protection Agency or the treatment technique is not necessary to
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protect the health of persons because of the nature of the raw
water sources of the system.
(c) Department may authorize exemptions.--The department may
exempt any public water system from any requirement of an
applicable drinking water standard upon finding that:
(1) due to compelling factors, the public water system
is unable to comply with such requirements;
(2) the public water system was in operation on the
effective date of such requirement or, for a system that was
not in operation by that date, only if no reasonable
alternative source of drinking water is available to such a
new system; and
(3) the granting of the exemption will not result in an
unreasonable risk to health[.] as assessed through the
recognition of no recorded illnesses derived from microbial
contaminants present in the public water system and no
evidence of microbial contaminants in the public water
system .
All exemptions granted with respect to a contaminant level or
treatment technique prescribed by the Federal regulation shall
expire no later than the dates prescribed in the Federal act.
* * *
Section 3. This act shall take effect in 60 days.
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