184 Proposed amendments to the Commission's ground water protected area regulations for southeastern Pennsylvania

DELAWARE RIVER BASIN COMMISSION

[25 PA. CODE CH. 901]

Proposed Amendments to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania

[29 Pa.B. 647]

   The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to its Ground Water Protected Area Regulations for Southeastern Pennsylvania with respect to the establishment of numerical groundwater withdrawal limits for 62 subbasins which are entirely or partially within the Ground Water Protected Area. Limits, based upon baseflow frequency analyses, were initially specified for the 14 subbasins in the Neshaminy Creek Basin. Limits for the remaining 62 subbasins are based upon additional baseflow frequency analyses provided by the United States Geological Survey in 1998. Although the limits within the Neshaminy Creek Basin remain unchanged, the withdrawal limits for the entire protected area are presented in this notice.

Dates

   The public hearing will be held on Tuesday, March 9, 1999, beginning at 1 p.m. and continuing until 5 p.m., as long as there are people present wishing to testify. The hearing will resume at 7 p.m. and continue until 9 p.m., as long as there are people present wishing to testify.

   The deadline for inclusion of written comments in the hearing record will be announced at the hearing. Persons wishing to testify at the hearing are requested to register with the Secretary in advance of the hearing.

Addresses

   Written comments should be submitted to Susan M. Weisman, Delaware River Basin Commission, P. O. Box 7360, West Trenton, NJ 08628. The public hearings will be held in the Hearing Room of the Pennsylvania Department of Environmental Protection's Southeastern Regional Office at 555 E. North Lane, Lee Park Suite 6010, Conshohocken, PA.

For Further Information Contact

   Copies of the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania may be obtained by contacting Susan M. Weisman, Commission Secretary, at [phone] ext. 203.

Supplementary Information

Background and Rationale

   The Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania were adopted in 1980 to prevent depletion of groundwater, protect the interests and rights of lawful users of the same water source, and balance and reconcile alternative and conflicting uses of limited water resources in the area. Lowered water tables resulting from withdrawals in excess of recharge rates have led to reduction of flows in some perennial streams in the region and have dried up some stream reaches which previously flowed all year. Such reductions in base flow interfere with instream and downstream water uses, adversely affect fisheries and aquatic life, and threaten to reduce the capacity of streams in the region to assimilate pollutants.

   On January 28, 1998, the Commission adopted amendments to the Ground Water Protected Area Regulations which established a two-tiered system of withdrawal limits. The first tier serves as a warning that a subbasin is ''potentially stressed.'' In potentially stressed subbasins, applicants for new or expanded groundwater withdrawals are required to implement one or more programs to mitigate adverse impacts of additional groundwater withdrawals. Acceptable programs include: conjunctive use of groundwater and surface water; expanded water conservation; control of groundwater infiltration to the receiving sewer systems; and artificial recharge and spray irrigation. The second tier serves as the maximum withdrawal limit. The Commission seeks to prevent groundwater withdrawals from exceeding the maximum withdrawal limit.

   The regulations also provide incentives for holders of existing DRBC dockets and protected area permits to implement the above-cited conjunctive use and conservation programs to mitigate the adverse impacts of their groundwater withdrawals. If docket or permit holders successfully implement one or both programs, the Commission could extend the docket or permit duration for up to 10 years.

   The regulations also specify administrative criteria for issuing and review of dockets and permits as well as protocol for updating and revising withdrawal limits to provide additional protection for streams designated by the Commonwealth of Pennsylvania as ''high quality'' or ''exceptional value,'' or to correspond with any integrated resources plans adopted by municipalities for subbasins.

   The groundwater study which provided the basis for the withdrawal limits for the subbasins in the Neshaminy Creek Basin was prepared by the United States Geological Survey in cooperation with the Commission and is entitled ''Water-Use Analysis Program for the Neshaminy Creek Basin, Bucks and Montgomery Counties, Pennsylvania.'' The United States Geological Survey was contracted by the Commission to prepare a similar study to investigate the withdrawal limits for the remaining subbasins in the protected area. The results of both studies are recorded on CD-ROM which is available from the Commission. Specific software, the Access database and ArcView from ESRI are required to view the CD-ROM. To review the CD-ROM at the Commission's offices, please contact Judith Strong, at [phone] ext. 263 for an appointment. To order the CD-ROM at a cost of $10, please contact Carolyn Hartman at [phone] ext. 249. To review the CD-ROM at locations within the protected area, please contact Susan M. Weisman at [phone] ext. 203.

   The subject of the hearing will be as follows:

Amendment to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania Relating to the Establishment of Numerical Ground Water Withdrawal Limits for Subbasins in the Protected Area.

   It is proposed to:

   1.  Amend the Ground Water Protected Area Regulations for Southeastern Pennsylvania as follows: Subsection 6.i.(3) is hereby revised to read as follows:

   (3)  The potentially stressed levels and withdrawal limits for all delineated basins and subbasins are set forth below:

	Neshaminy Creek Basin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)*	(mgy)
West Branch Neshaminy Creek Basin	1,054	1,405
Pine Run Basin	596	795
North Branch Neshaminy Creek	853	1,131
Doylestown Subbasin Neshaminy Creek	710	946
Warwick Subbasin Neshaminy Creek	889	1,185
Warrington Subbasin Little Neshaminy Creek	505	673
Park Creek Basin	582	776
Warminster Subbasin Little Neshaminy Creek	1,016	1,355
Mill Creek Basin	1,174	1,565
Northampton Subbasin Neshaminy Creek	596	794
Newtown Creek	298	397
Core Creek Basin	494	658
Ironworks Creek Basin	326	434
Lower Section Subbasin Neshaminy Creek	3,026	4,034

	Schuylkill River Basin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Hay Creek	974	1,299
Lower Reach Manatawny-Ironstone Creek	1,811	2,414
Pigeon Creek	611	815
Schuylkill-Crow Creek	1,157	1,543
Schuylkill-Mingo Creek	671	895
Schuylkill-Plymouth-Mill Creeks	4,446	5,929
Schuylkill-Sixpenny Creek	1,490	1,987
Schuylkill-Sprogels Run	1,091	1,455
Schuylkill-Stony Creek	687	916
Schuylkill-Trout Creek	1,082	1,443
Stony Creek	1,242	1,655
Valley Creek	1,865	2,486

	French and Pickering Creek Subbasins
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Lower Reach French Creek	634	845
Lower Reach Pickering Creek	1,716	2,288
Middle Reach French Creek	1,608	2,145
South Branch French Creek	1,044	1,393
Upper Reach French Creek	1,295	1,726
Upper Reach Pickering Creek	1,358	1,811

	Perkiomen and Skippack Creek Subbasins
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
East Branch Perkiomen-Indian Creeks	633	844
East Branch Perkiomen-Mill Creeks	720	961
East Branch Perkiomen-Morris Run	1,214	1,619
Hosensack-Indian Creeks	1,257	1,676
Lower Reach Skippack Creek	1,069	1,426
Perkiomen-Deep Creeks	1,047	1,396
Perkiomen-Lodal Creeks	1,200	1,600
Perkiomen-Macoby Creek	1,252	1,669
Swamp-Middle Creeks	1,423	1,898
Swamp-Minister Creeks	547	730
Swamp-Scioto Creeks	746	994
Towamencin Creek	466	622
Unami-Licking Creeks	992	1,322
Unami-Ridge Valley Creeks	1,068	1,424
Upper Reach Perkiomen Creek	1,223	1,631
Upper Reach Skippack Creek	813	1,084
West Branch Perkiomen Creek	1,566	2,088

	Delaware River Basin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Jericho Creek	421	562
Mill Creek	1,600	2,134
Paunnacussing Creek	513	684
Pidcock Creek	563	751
Upper Reach Cobbs Creek	871	1,161
Upper Reach Crum Creek	1,290	1,721
Upper Reach Darby Creek	1,625	2,167
Upper Reach East Branch Chester Creek	1,865	2,487
Upper Reach Frankford Creek	1,414	1,886
Upper Reach Poquessing Creek	1,008	1,344
Upper Reach Ridley Creek	1,707	2,275

	Tohickon Subbasin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Tohickon-Beaver-Morgan Creeks	1,156	1,541
Tohickon-Deep Run	956	1,274
Tohickon-Geddes-Cabin Runs	602	803
Tohickon-Lake Nockamixon	556	741
Tohickon-Three Mile Run	726	968

	Pennypack and Wissahickon Subbasins
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Lower Reach Wissahickon Creek	2,750	3,666
Upper Reach Wissahickon Creek	1,302	1,736
Middle Reach Pennypack Creek	1,295	1,727
Upper Reach Pennypack Creek	1,358	1,811

	Brandywine Creek Subbasin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
East Branch Brandywine-Taylor Run	1,054	1,405
Middle Reach Brandywine Creek	823	1,098
Upper Reach Brandywine Creek	1,614	2,153
West Branch Brandywine-Beaver Run	2,110	2,813
West Branch Brandywine-Broad Run	2,380	3,173
West Valley Creek	1,673	2,231

	Lehigh Subbasin
Subbasin	Potentially Stressed	Withdrawal Limit
	(mgy)	(mgy)
Upper Reach Saucon Creek	946	1,262

   Subject to public notice and hearing, this section may be updated or revised based upon new and evolving information on hydrology and streamflow and groundwater monitoring or in accordance with (2).

______
*mgy means million gallons per year

2.  This regulation shall be effective immediately.

Delaware River Basin Compact, 75 Stat. 688.

SUSAN M. WEISMAN,   
Secretary

   Fiscal Note: 68-39. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART V.  DELAWARE RIVER BASIN COMMISSION

CHAPTER 901.  GENERAL PROVISIONS

§ 901.5.  Groundwater protection area, Southeastern Pennsylvania

   The Basin Regulations, Groundwater Protection, Southeastern Pennsylvania, as set forth at 18 CFR Part 430 ([1998] 1999), are hereby incorporated by reference and made part of this title.

[Pa.B. Doc. No. 99-184. Filed for public inspection February 5, 1999, 9:00 a.m.]