Current through
Register Vol. 54, No. 44, November 2, 2024
(a)
Preparation and
submission.
(1) Within the time
frame specified in the Governor's proclamation of drought emergency or order
issued during an emergency by the Commonwealth Drought Coordinator, each public
water supply agency which provides service to 50 or more customer connections
and which has either a source of water or a service area within the designated
drought emergency area shall develop, adopt and submit a drought contingency
plan meeting the requirements set forth in this section.
(2) Each public water supply agency shall
submit three copies of the drought contingency plan to the Commonwealth Drought
Coordinator, for distribution to PEMA, the Department and other interested
Commonwealth agencies, including the Pennsylvania Public Utility Commission if
applicable. Each public water supply agency shall submit a copy of the drought
contingency plan to the counties in which the public water supply agency serves
water.
(3) If a public water supply
agency has previously prepared and submitted to the Commonwealth Drought
Coordinator a drought contingency plan containing the information required by
this section and the plan was approved by the Commonwealth Drought Coordinator,
or a designee, not more than 3 years prior to the Governor's proclamation of
drought emergency, the plan may be deemed to satisfy the requirements of this
section; however, the public water supply agency may affirm, modify or amend
the plan as it deems appropriate, through submittal of a modified or amended
plan to the Commonwealth Drought Coordinator for approval.
(b)
Contents. Drought
contingency plans for public water supply agencies shall, at a minimum, contain
the following:
(1) The name, address and
telephone number of the public water supply agency, and the names of officers
or other persons responsible for directing operations during a drought
emergency.
(2) A description of the
ground and surface water sources utilized by the system, including all
interconnections, and the locations and yields of the sources.
(3) Data indicating the monthly average and
peak day rates of withdrawal from each source for each calendar month during
the previous calendar year, or most recent 12 month period for which the data
is available.
(4) Data indicating
the monthly average and peak day rates of water use in the system for each
calendar month during the previous calendar year, or the most recent 12 month
period for which data is available.
(5) A description of criteria to be used by
the agency in identifying the onset of water shortage problems in the
system.
(6) A plan of actions which
will be taken by the public water supply agency to respond to drought or water
shortage conditions, including public notice such as newspaper, radio or
television notice, a water conservation program, development of emergency
supplies, and rationing. The plan shall provide for actions to be taken to
achieve a phased reduction of total system withdrawal and use.
(7) A procedure for the granting of variances
or exemptions to the provisions of a plan to address extraordinary hardships
which may exist as a result of a plan, including a provision for appeal as
specified in §
120.9(e) (relating
to excess use charges). For purposes of this section, "extraordinary hardship"
means a permanent damage to property, including perishable raw or processed
products, or other personal or economic loss which is substantially more severe
than the sacrifices borne by other water users subject to a public water supply
agency's drought contingency plan. The procedure shall include, when
appropriate, consideration of:
(i) Impact of
water use reductions upon:
(A) Public health
and safety, including pharmaceutical processes.
(B) Food and raw fiber production, including
protection of perishable raw or processed products.
(C) Delivery of electric generation
services.
(D) The maintenance of
employment.
(ii) The
measures and efforts previously undertaken to conserve water or to provide for
water storage and releases, and the ability of users to implement additional
conservation measures.
(c)
Implementation of contingency
plans by public water supply agencies. Each public water supply agency
which has either a source of water or a service area within the designated
drought emergency area shall implement its approved drought contingency plan
during the effective period of the Governor's proclamation of drought
emergency.
This section cited in 4 Pa. Code §
119.6 (relating to procedure for
exemptions or variance from the prohibition of nonessential uses of
water).