ENVIRONMENTAL
QUALITY BOARD[25 PA. CODE CHS. 109 AND 110] Water Resources Planning [36 Pa.B. 7260]
[Saturday, December 2, 2006]The Environmental Quality Board (Board) proposes to amend Chapter 109 (relating to safe drinking water) and add Chapter 110 (relating to water resources planning) to read as set forth in Annex A. Chapter 110 establishes the requirements for registration of water users and recordkeeping and reporting of water withdrawal and use information, as required by 27 Pa.C.S. Chapter 31 (relating to water resources planning). The proposed rulemaking specifies who is required to register, keep records and report information regarding withdrawals of water in this Commonwealth and details the information that is to be recorded and reported to the Department of Environmental Protection (Department). The information collected under this proposed rulemaking is essential to development of the State Water Plan, which is mandated by 27 Pa.C.S. Chapter 31.
This proposed rulemaking was adopted by the Board at its meeting of September 19, 2006.
A. Effective Date
The proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Susan K. Weaver, Acting Chief, Division of Water Use Planning, P. O. Box 8555, Rachel Carson State Office Building, Harrisburg, PA 17105-8555, (717) 783-8055; or Pamela G. Bishop, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department's website: www.depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 4 of the Pennsylvania Safe Drinking Water Act (35 P. S. § 721.4); 27 Pa.C.S. § 3118 (relating to water use registration and reporting), which directs the Board to adopt regulations pertaining to reporting by public water suppliers and establishing requirements for the registration, periodic reporting and recordkeeping of water withdrawals and uses; and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20), which authorizes and directs the Board to adopt regulations necessary for the proper performance of the work of the Department.
D. Background and Purpose
The Department is required under 27 Pa.C.S. Chapter 31 to complete a State Water Plan and establish a water withdrawal registration program to collect data necessary to support the planning process. The Commonwealth does not currently know how much water is used, needed or available. The proposed rulemaking will provide the data necessary to help answer those questions. The State Water Plan will provide a framework for managing this Commonwealth's water resources to most effectively provide for public health and safety, while protecting aquatic resources. Citizens of this Commonwealth will benefit from the development of a State Water Plan, which will provide decision makers a valuable tool to guide investment, development and land use management in a manner that is sustainable and will avoid water shortages and concomitant dislocation. The data collected under this proposed rulemaking will help create economic opportunity by assisting State and local decision makers to identify water resources available to support sustainable development and will help to avoid unwise investments.
The proposed rulemaking will require public water supply agencies and hydropower facilities, irrespective of the amount of withdrawal, and persons whose total withdrawal or withdrawal use from one or more points of withdrawal within a watershed operated as a system either concurrently or sequentially exceeds an average rate of 10,000 gallons of water a day in a 30-day period to register, periodically report and keep records of water use. To avoid duplication of reporting requirements, the proposed rulemaking recommends amending one section of Chapter 109 to indicate that compliance by public water supply agencies with Chapter 110 will fulfill compliance with the Chapter 109 annual water supply reporting requirements.
A Statewide Water Resources Committee (Statewide Committee) is established by 27 Pa.C.S. Chapter 31 to assist the Department in developing the State Water Plan. The Statewide Committee is also charged with reviewing and commenting on regulations proposed by the Department under 27 Pa.C.S. Chapter 31. Chapter 31 of 27 Pa.C.S. also establishes six Regional Committees in each of the following major river basins: Delaware River, Upper/Middle Susquehanna River, Lower Susquehanna River, Ohio River, Potomac River and Great Lakes. The Department presented the proposed rulemaking to both the Statewide Committee and the six Regional Committees for comment. The Statewide Committee and Regional Committees considered the proposed rulemaking at their public meetings held throughout this Commonwealth at which the public could also comment. Comments from the public included extensive comments from the Pennsylvania Chamber of Business and Industry. The Department revised the draft regulations in accordance with those comments.
The Statewide Committee expressed concern about the possibility that fees may be associated with the registration or reporting. No fees are included in this proposed rulemaking. Other significant concerns related to metering and the level of detail required in the registration and reporting forms. Those concerns have already been addressed by comprehensive revisions to the original draft regulations. The Statewide Committee has recommended moving this proposed rulemaking to the Board for consideration and has indicated in writing its support of the regulatory package.
In accordance with 27 Pa.C.S. Chapter 7 (relating to Agricultural Advisory Board), the Department presented the draft regulations to the Agricultural Advisory Board at their meeting on June 15, 2005. One item of interest to that Agriculture Advisory Board was the measurement of water usage for large water users. It was explained that the regulations do not propose metering for agricultural operations involving less than 50,000 gallons per day (gpd) and that flow calculations will be acceptable.
A general statement on the establishment of the Water Resources Technical Assistance Center (Center) has been included in § 110.604 (relating to Water Resources Technical Assistance Center). The Center is an important aspect of 27 Pa.C.S. Chapter 31 and the Department is soliciting comments from individuals or organizations on how best to develop the Center.
E. Summary of Regulatory Requirements
No companion Federal regulations exist.
Section 109.701 (relating to reporting and recordkeeping) explains the reporting and recordkeeping requirements for public water systems.
Section 110.1 (relating to definitions) explains the intended meaning for terms used in this proposed rulemaking.
Section 110.2 (relating to purpose) explains that Chapter 110 establishes registration, monitoring, recordkeeping and reporting requirements that apply to persons who own public water supply agencies or hydropower facilities and persons whose total withdrawal or withdrawal use exceeds an average rate of 10,000 gpd in a 30-day period.
Section 110.3 (relating to general requirements) establishes requirements to register, monitor, maintain records and submit reports regarding withdrawals or uses of water and provides that information submitted to the Department will be subject to the act of June 21, 1957 (P. L. 390, No. 212), known as the Right-to-Know Act, unless claimed confidential by the submitter, with adequate justification.
Section 110.4 (relating to inspection authorization) authorizes the Department to make inspections and conduct tests or sampling, or examine books, papers and records, including electronic records, to determine compliance with this chapter.
Section 110.5 (relating to coordination with reports under other statutes) requires persons subject to § 110.3(a) to cooperate with the Department in its coordination of the submission of reports under this chapter with reports required under other statutes and regulations administered by the Department, compact basin commissions or by other Federal and State agencies.
Section 110.6 (relating to effect of registration) explains that registration of a withdrawal or use under this chapter will not be construed as either a determination of a person's water rights or approval of a withdrawal or use by the Department, another agency of the Commonwealth or a compact basin commission.
Section 110.201 (relating to registration requirement) establishes the requirement for persons subject to the regulation to register with the Department the source, location and amount of their withdrawals and withdrawal uses. It exempts from registration persons who use more than 10,000 gpd if all water is supplied by a public water supply agency and the average consumptive use does not exceed 100,000 gpd over a 30-day period.
Section 110.202 (relating to submission of registrations) establishes the deadlines for submittal of registrations to the Department as not later than March 16, 2004, or 90 days following initiation of a water withdrawal or withdrawal use, whichever is later.
Section 110.203 (relating to content of registration) establishes the required content of a registration, including registrant identification and description information; identification, description, including location, and amount, as appropriate, of the following: source, withdrawal or withdrawal use, or both, consumptive and nonconsumptive uses, water returned and discharged and water transferred between public water supply agencies by means of interconnection; and identification and justification of confidential information.
Section 110.204 (relating to voluntary registration). This section provides for voluntary registration by persons not subject to the regulation.
Section 110.205 (relating to transfer of registration) provides for transfers of registrations and establishes the prerequisites for transfers.
Section 110.206 (relating to termination of registration) provides for termination of registrations and establishes the prerequisites for termination.
Section 110.301 (relating to reporting requirement) establishes the requirement for reporting.
Section 110.302 (relating to submission of reports) establishes the dates for required submission of reports to the Department.
Section 110.303 (relating to reporting period) establishes the reporting period for reports required to be submitted to the Department.
Section 110.304 (relating to general contents of report) prescribes the general contents of reports.
Section 110.305 (relating to user-specific contents of report) prescribes user-specific contents of reports.
Section 110.401 (relating to recordkeeping requirement) establishes the requirements for recordkeeping.
Section 110.402 (relating to retention of records) establishes the requirement for retention of records and supporting data to be at least 5 years.
Section 110.501 (relating to metering and measuring requirement) establishes the requirements for metering and measuring. Public water supply agencies shall meter to within 5% accuracy. Hydropower facilities and large users (greater than 50,000 gpd) shall measure to within 5% accuracy. Other users subject to the regulation shall measure or calculate their withdrawals or withdrawal uses by a means acceptable to the Department.
Section 110.502 (relating to recording frequency) establishes the recording frequency of withdrawals and withdrawal uses subject to the regulation.
Section 110.503 (relating to measuring requirement in critical water planning areas) provides the Department authority to require more accurate measurement of withdrawals or withdrawal uses in critical water planning areas and establishes the criteria for imposing these requirements.
Section 110.601 (relating to registration) provides that a person who has implemented a water conservation project or practice may register the project or practice with the Department.
Section 110.602 (relating to registration information) establishes the required information for registration of water conservation projects or practices
Section 110.603 (relating to reporting) requires persons who registered water conservation projects or practices to submit annual reports to the Department documenting the continuing effectiveness of the projects or practices.
Section 110.604 requires the Department establish the Center to promote voluntary water conservation and to provide technical assistance on water resources use issues.
F. Benefits, Costs and Compliance
Benefits
Citizens of this Commonwealth will benefit from the development of a State Water Plan, which will provide decision makers with a valuable tool to guide investment, development and land use management in a manner that is sustainable and will avoid water shortages and concomitant dislocation. The data collected under this proposed rulemaking is necessary to development of the State Water Plan.
This proposed rulemaking will help create economic opportunity by assisting decision makers in identifying water resources available to support sustainable development and will help to avoid unwise investment in unsustainable resources. The Commonwealth does not currently know how much water is used, needed or available. The proposed rulemaking will provide the data necessary to help answer those questions.
Compliance costs
Persons who withdraw or use 10,000 gallons of water or more per day and public water suppliers and hydropower facilities will be required to register and report under the regulations. One time metering costs, for meter equipment, for a limited number of public water suppliers who don't currently meter their sources, may range from $50 to $2,000 per registered source. Annual costs for recordkeeping and reporting may range from 1 to 12 work days per year per registrant. Many users, including most that are currently regulated by either the Department or the Susquehanna River Basin Commission or Delaware River Basin Commission, already have the necessary recordkeeping and reporting processes in place and should incur no additional costs. Consolidation of reporting requirements may result in reduced costs for some of these users.
Compliance assistance plan
Registration workshops were held across this Commonwealth in 2004 to assist in the initial registration required by 27 Pa.C.S. Chapter 31. No additional workshops are planned.
Paperwork Requirements
Persons subject to the proposed rulemaking will be required to submit an initial registration form for each source of water withdrawal, describing the location and quantity of withdrawal and type of use. Annually, thereafter, they will be required to submit a report of their monthly total withdrawals from each source and their total monthly water use. Under the proposed rulemaking, the registration and reporting requirements of the Department, including the Annual Water Supply Report under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), and the Susquehanna River Basin Commission and the Delaware River Basin Commission will be consolidated in single registration and reporting forms to be submitted solely to the Department.
G. Pollution Prevention
The Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101--13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally-friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking incorporates the following pollution prevention incentives:
Water conservation practices encouraged and fostered by this proposed rulemaking will result in decreased withdrawals of water and discharges of wastewater. Reduced energy consumption and chemical use will also be realized. Less diminution of stream flows, particularly during periods of low flows, is pollution prevention as recognized by the courts. In addition, reductions in wastewater discharges will reduce pollution of our water resources.
H. Sunset Review
The regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 17, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, priorto final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Written comments. Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by January 2, 2007. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by January 2, 2007. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic comments. Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by January 2, 2007. A subject heading of the proposal and a return name and address must be included in each transmission.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-403. No fiscal impact; (8) recommends adoption.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE II. WATER RESOURCES CHAPTER 109. SAFE DRINKING WATER Subchapter G. SYSTEM MANAGEMENT RESPONSIBILITIES § 109.701. Reporting and recordkeeping.
* * * * * (b) Reporting requirements for community water systems. In addition to the reporting requirements for a public water system, a community water supplier shall comply with the following requirements:
* * * * * (2) The water supplier shall [submit by March 31 an annual water supply report for the prior calendar year on forms provided by the Department or in a form acceptable to the Department. This report shall include information relating to water use, connections, distribution system and storage] comply with the applicable requirements of registration, reporting, recordkeeping and monitoring in Chapter 110, Subchapters B--E, regarding registration, reporting, recordkeeping and monitoring.
CHAPTER 110. WATER RESOURCES PLANNING Subchap.
A. GENERAL PROVISIONS B. REGISTRATION C. REPORTING D. RECORDKEEPING E. MONITORING F. WATER CONSERVATION Subchapter A. GENERAL PROVISIONS Sec.
110.1. Definitions. 110.2. Purpose. 110.3. General requirements. 110.4. Inspection authorization. 110.5. Coordination with reports under other statutes. 110.6. Effect of registration. § 110.1. Definitions.
The following words and phrases, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--27 Pa.C.S. Chapter 31 (relating to water resources planning).
Basin--As defined in section 3102 of the act.
Calculate or calculation--Mathematical computations, or the act of computing, for the purposes of water use registration or reporting, or both, usually based on pump intake rate and duration of pumping or similar factors.
Confidential information--As defined in section 3102 of the act.
Compact basin commission--An interstate commission having jurisdiction with respect to the planning, development or regulation of water resources within a basin in this Commonwealth, created by interstate compact or Federal-interstate compact.
Consumptive use--As defined in section 3102 of the act.
Critical water planning area--As defined in section 3102 of the act.
Deep well injection--Injection of waste or wastewater substantially below aquifers containing fresh water.
Department--The Department of Environmental Protection of the Commonwealth.
Groundwater--As defined in section 3102 of the act.
Hydropower facility--A facility that produces electricity by the action of water, not including steam, passing through a turbine.
Municipality--As defined in section 3102 of the act.
Nonconsumptive use--As defined in section 3102 of the act.
Person--As defined in section 3102 of the act.
Public water supply agency--As defined in section 3102 of the act.
Source--The point of withdrawal of water within a watershed. If the withdrawal use includes the transfer of water through interconnections, the source is the point of the interconnection.
Statewide Committee--The Statewide Water Resources Committee.
Surface water--As defined in section 3102 of the act.
System--Two or more facilities that are adjacent or geographically proximate to each other, operated concurrently or sequentially for use in a common operation and owned, managed or operated by the same person.
Water conservation project or practice--A project or practice which is technically feasible and economically practicable and which is designed to accomplish any of the following:
(i) Reduce the demand for water.
(ii) Improve efficiency in water use and reduce leakage, losses and waste of water.
(iii) Improve reuse and recycling of water.
(iiii) Improve land management practices to conserve water or to preserve or increase groundwater recharge.
Watercourse--As defined in section 3102 of the act.
Water resource--As defined in section 3102 of the act.
Watershed--As defined in section 3102 of the act.
Withdrawal--As defined in section 3102 of the act.
Withdrawal use or use--As defined in section 3102 of the act.
§ 110.2. Purpose.
This chapter establishes the registration, monitoring, recordkeeping and reporting requirements that apply, for purposes of developing data for the State Water Plan, to each person who owns a public water supply agency or hydropower facility and each person whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period.
§ 110.3. General requirements.
(a) Registration requirements. Each person who owns a public water supply agency or hydropower facility and each person whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period shall register, monitor, maintain records and submit reports to the Department regarding withdrawals or uses of water in accordance with this chapter.
(b) Confidential information.
(1) Except as provided in paragraph (2), information required to be submitted to the Department under this chapter shall be subject to the act of June 21, 1957 (P. L. 390, No. 212), known as the Right-to-Know Act.
(2) Each person who submits information under this chapter that the person claims is confidential information shall identify the confidential information and provide a justification for its confidential nature.
§ 110.4. Inspection authorization.
The Department, its employees and authorized agents are authorized, during reasonable hours and upon reasonable notice, to make inspections and conduct tests or sampling, or examine books, papers and records, including electronic records, pertinent to a matter under investigation, to determine compliance with this chapter, as it deems necessary. The persons subject to § 110.3(a) (relating to general requirements) shall grant access to, and make available upon request of, the Department, its employees and authorized agents, all facilities and records necessary for conducting the inspections, tests, sampling or examinations.
§ 110.5. Coordination with reports under other statutes.
(a) The persons subject to § 110.3(a) (relating to general requirements) shall cooperate with the Department in its coordination of the submission of reports under this chapter with reports required under other statutes and regulations administered by the Department, compact basin commissions, or by other Federal and state agencies.
(b) The persons subject to § 110.3(a) shall submit information in accordance with joint reporting forms developed by the Department to facilitate the submission of information required under other statutes and regulations administered by the Department, compact basin commissions, and other Federal and state agencies, to reduce duplicate and repetitious reporting requirements. The joint forms shall be used in lieu of individual forms for the required reports.
§ 110.6. Effect of registration.
(a) Registration of a withdrawal or use under this chapter will provide knowledge of existing uses, essential in the State water planning process to the development of accurate watershed water budgets, which are the foundation of comprehensive regional water plans and critical area resource plans. Registration will provide the Department and compact river basin commissions information regarding locations and quantities of existing uses, that can be used to help protect those uses when new projects are under consideration for approval.
(b) Registration of a withdrawal or use under this chapter will not be construed as either a determination of a person's water rights or approval of a withdrawal or use by the Department, another agency of the Commonwealth or a compact basin commission.
Subchapter B. REGISTRATION Sec.
110.201. Registration requirement. 110.202. Submission of registrations. 110.203. Content of registration. 110.204. Voluntary registration. 110.205. Transfer of registration. 110.206. Termination of registration. § 110.201. Registration requirement.
The following persons shall register the information specified in § 110.203 (relating to content of registration) with the Department:
(1) Each owner of a public water supply agency.
(2) Each owner of a hydropower facility.
(3) Each person whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period, except if all water is supplied by a public water supply agency and the average consumptive use is less than 100,000 gallons per day over any 30-day period.
§ 110.202. Submission of registrations.
Registrations shall be submitted to the Department by March 16, 2004, or 90 days following initiation of a water withdrawal or withdrawal use, whichever is later.
§ 110.203. Content of registration.
A registrant shall provide information, on forms prescribed by the Department and developed in consultation with the Statewide Committee, including:
(1) Registrant identification and description information.
(2) Identification, description, including location, and amount, as appropriate, of the following: source, withdrawal or withdrawal use, or both, consumptive and nonconsumptive uses, water returned and discharged and water transferred between public water supply agencies via interconnection.
(3) Identification and justification of confidential information.
§ 110.204. Voluntary registration.
A person, not subject to the registration requirements of § 110.201 (relating to registration requirement), who withdraws or uses water, may voluntarily register with the Department the water withdrawal or use, in accordance with the registration provisions of this subchapter. Notwithstanding §§ 110.301 and 110.401 (relating to reporting requirement; and monitoring and recordkeeping requirement), voluntary registrants shall monitor, maintain records and report to the Department in accordance with the other provisions of Subchapters C--E.
§ 110.205. Transfer of registration.
The Department will transfer a registration, if the following conditions are met:
(1) The registrant and transferee are in compliance with this chapter.
(2) No later than 30 days subsequent to the transfer, the transferee submits the following to the Department:
(i) A request for transfer of the registration, on a form prescribed by the Department.
(ii) A written statement signed by the registrant and the transferee, containing the date of the transfer of registration and acknowledging the transferee's recordkeeping and reporting responsibilities.
§ 110.206. Termination of registration.
(a) Except for a public water supply agency or hydropower facility, when a registered withdrawal or use over a 12-month period continues to be an amount less than the 30-day average threshold amount requiring registration as specified in § 110.201(3) (relating to regis-tration requirement), the person responsible for the withdrawal or use may file with the Department, on forms provided by the Department, a written request for termination of registration.
(b) When a registered withdrawal or use over a 12-month period is zero, or if a withdrawal or use has been abandoned, the person responsible for the withdrawal or use may file with the Department, on forms provided by the Department, a written request for termination of registration.
(c) Upon receipt of proper written request for termination, the Department will terminate the registration and notify the registrant.
(d) When a registered withdrawal or use over seven consecutive 12-month periods is zero, based upon reports submitted in accordance with Subchapter C (relating to reporting), the Department will terminate the registration and notify the registrant.
Subchapter C. REPORTING Sec.
110.301. Reporting requirement. 110.302. Submission of reports. 110.303. Reporting period. 110.304. General contents of report. 110.305. User-specific contents of report. § 110.301. Reporting requirement.
Each person subject to § 110.201 (relating to registration requirement) shall submit reports to the Department in accordance with this subchapter, regarding the withdrawal and use, except for registrations that have been terminated in accordance with § 110.206 (relating to termination of registration).
§ 110.302. Submission of reports.
Reports shall be submitted to the Department, on forms prescribed by the Department and developed in consultation with the Statewide Committee, annually or less frequently as may be prescribed by the Department, no later than:
(1) March 31--Public water supply agency.
(2) June 30--Any user except a public water supply agency, including:
(i) Power generation facility.
(ii) Manufacturing industry user.
(iii) Mineral industry user.
(iv) Bulk, vended, retail and bottled water systems.
(v) Agricultural user.
(vi) Golf course user.
(vii) Ski resort.
(viii) Other user.
§ 110.303. Reporting period.
Reports must provide information for the calendar year preceding the date of submission.
§ 110.304. General contents of report.
A report must include the items under § 110.203 (relating to content of registration).
§ 110.305. User-specific contents of report.
In addition to the contents specified in § 110.203 (relating to content of registration), registrants shall submit user-specific information, including:
(1) Public water supply agency.
(i) Connections and water transfers.
(ii) Service area map.
(iii) Metering.
(iv) Storage information.
(2) Power generation facility including hydropower and thermo-electric.
(i) Energy source type.
(ii) Generating capacities.
(iii) Generating units.
(iv) Storage information.
(3) Manufacturing industry.
(i) Employment.
(ii) Storage information.
(4) Mineral industry.
(i) Types of operations.
(ii) Water quality.
(iii) Employment.
(iv) Storage information.
(5) Bulk, vended, retail and bottled water.
(i) Employment.
(ii) Storage information.
(6) Agriculture.
(i) Irrigation water use.
(ii) Animal water use.
(iii) Storage information.
(7) Golf course.
(i) Irrigated areas and water use by tees, greens, fairways and other land coverages.
(ii) Irrigation system information.
(iii) Employment.
(iv) Storage information.
(8) Ski resort.
(i) Number and acreage of slopes and trails.
(ii) Areas covered by snowmaking.
(iii) Snowmaking capacities, and water use.
(iv) Employment.
(v) Storage information.
Subchapter D. RECORDKEEPING Sec.
110.401. Recordkeeping requirement. 110.402. Retention of records. § 110.401. Recordkeeping requirement.
A person subject to § 110.201 (relating to registration requirement) shall make and maintain a record of the items required under Subchapters B and C (relating to registration; and reporting), including supporting data, except for registrations that have been terminated in accordance with § 110.206 (relating to termination of registration).
§ 110.402. Retention of records.
Records created under § 110.401 (relating to recordkeeping requirement), including supporting data, shall be kept for at least 5 years.
Subchapter E. MONITORING Sec.
110.501. Metering and measuring requirement. 110.502. Recording frequency. 110.503. Measuring requirement in critical water planning areas. § 110.501. Metering and measuring requirement.
(a) Each public water supply agency shall measure its withdrawals or uses by means of a continuous-recording device or flow meter, accurate to within 5% of actual flow.
(b) Each hydropower facility shall measure its withdrawal or use by means of a continuous-recording device or flow meter or shall calculate its withdrawal or use based upon electrical generation or turbine flow rates or other method, accurate to within 5% of actual flow.
(c) The following persons shall measure or calculate their withdrawals or uses by means of a continuous-recording device or flow meter or other method, accurate to within 5% of actual flow: each person whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed equals or exceeds an average rate of 50,000 gallons per day in any 30-day period, except if all water is supplied by a public water supply agency and the average consumptive use is less than 100,000 gallons per day over any 30-day period.
(d) The Department may grant exceptions to the 5% performance standard, if maintenance of the 5% performance standard is not technically feasible or economically practicable.
(e) A person who is subject to compact basin commission requirements more stringent than those provided in this section shall measure the withdrawal or use in accordance with the more stringent requirements.
(f) The following persons shall measure or calculate their withdrawals or uses by a means acceptable to the Department:
(1) A person, who is not subject to subsections (a)--(e), whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons, but is less than 50,000 gallons, per day in any 30-day period.
(2) A person who has voluntarily registered.
§ 110.502. Recording frequency.
Withdrawals and uses subject to § 110.501(a) and (b) (relating to metering and measuring requirement) shall be recorded on a daily basis. Withdrawals and uses subject to § 110.501(c) shall be recorded on a weekly basis. Withdrawals and uses subject to § 110.501(e) and (f) shall be recorded monthly.
§ 110.503. Measuring requirement in critical water planning areas.
(a) The Department may require persons within a critical water planning area, whose total withdrawal or withdrawal use from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period, to measure or calculate their withdrawals by means of a more accurate measuring method (but not more accurate than 5%) and record the measurements on a more frequent basis (not to exceed daily) than required in accordance with §§ 110.501 and 110.502 (relating to metering and measuring requirement; and recording frequency), if the Department determines that more accurate data is required for the development of a critical area resource plan in a watershed within a critical water planning area. Upon receipt of written notice from the Department, those persons shall begin the measurements or calculations within 180 days.
(b) In making the determination, the Department will consider the necessity of requiring more accurate data and having it recorded more frequently than required by §§ 110.501 and 110.502, from various categories of water users, for effective critical area resource planning in the specific watershed and the costs to registrants of providing the accuracy and frequency.
Subchapter F. WATER CONSERVATION Sec.
110.601. Registration. 110.602. Registration information. 110.603. Reporting. 110.604. Water Resources Technical Assistance Center. § 110.601. Registration.
A person who has implemented a water conservation project or practice may register the project or practice with the Department.
§ 110.602. Registration information.
Registration of water conservation projects or practices shall be on forms, prescribed by the Department, containing information including the following:
(1) The registrant name and address.
(2) A 7.5-minute U.S.G.S. Quadrangle map, or acceptable substitute, showing the location of the project or practice.
(3) A description of the project or practice, including information detailing a description of:
(i) Project or practice prior and subsequent to implementation of water conservation program.
(ii) Quantity of water use prior and subsequent to implementation of water conservation program.
(iii) Quantity of consumptive use prior and subsequent to implementation of water conservation program.
(iv) Reuse or recycling of water.
(v) Increase of supply or storage of water.
(vi) Increase of groundwater recharge.
(vii) Conservation-based rate structure.
(viii) Water use efficiency, including plumbing retrofit programs.
(ix) Reduction of water loss.
(x) Water provided to offset water use during drought periods.
§ 110.603. Reporting.
Each person who has registered a water conservation project or practice in accordance with this subchapter shall submit to the Department, on forms prescribed by the Department and developed in consultation with the Statewide Committee, a report documenting the continuing effectiveness of the project or practice annually or less frequently as may be prescribed by the Department.
§ 110.604. Water Resources Technical Assistance Center.
The Department will establish a Water Resources Technical Assistance Center to promote voluntary water conservation and to provide technical assistance on water resources uses issues, including programs identified in 27 Pa.C.S. § 3120(a) (relating to water conservation).
[Pa.B. Doc. No. 06-2345. Filed for public inspection December 1, 2006, 9:00 a.m.]
