Current through Register Vol.
54, No. 44, November 2, 2024
(a) If compliance with water use reductions
ordered under this chapter would result in extraordinary hardship upon a
self-supplied industrial or commercial water user, the water user may apply for
an exemption or variance.
(b) For
purposes of this section, extraordinary hardship means a permanent damage to
property, including perishable raw or processed product, or other personal or
economic loss which is substantially more severe than the sacrifices borne by
other water users subject to this chapter.
(c) A self-supplied industrial or commercial
water user who believes he suffers an extraordinary hardship and desires to be
wholly or partially exempt from the reductions ordered under this chapter may
apply for an exemption or variance under the following procedures:
(1) The applicant shall submit a written
request with full documentation supporting the need for the requested relief
to:
Commonwealth Drought Coordinator c/o Department of
Environmental Protection P. O. Box 8555 Harrisburg, Pennsylvania
17105-8555
(2) The
application shall contain information specifying:
(i) The nature of the hardship claimed, and
reason for the requested exemption or variance.
(ii) The efforts taken by the applicant to
conserve water and the extent to which water use may be reduced by the
applicant without extraordinary hardship.
(3) The Commonwealth Drought Coordinator or a
designee will review the application in consultation with other appropriate
Commonwealth agencies, and may request the applicant to provide additional
information as necessary to review the application.
(4) The Commonwealth Drought Coordinator or a
designee is authorized to render a decision regarding applications received for
exemption or variance. The Commonwealth Drought Coordinator or a designee will
provide the applicant notice in writing of the decision and the reasons for the
decision. When possible, the Commonwealth Drought Coordinator or a designee
will provide a written decision within 7 working days, or if perishable
products are involved, within 1 working day of submission of an application or
will request additional information as necessary to review the application.
When appropriate, the Commonwealth Drought Coordinator may issue a Statewide
exemption or variance to similarly situated water users. A notice of the
decision will be published in the Pennsylvania Bulletin.
Unless appealed under this section, the decision of the Commonwealth Drought
Coordinator or a designee shall be considered a final action on the
application.
(5) A person aggrieved
by a decision of the Commonwealth Drought Coordinator or a designee may, within
30 days of written notice of the decision or publication of notice of the
decision in the Pennsylvania Bulletin, appeal the decision to
PEMA.
(6) An appeal from an initial
decision of the Commonwealth Drought Coordinator or a designee will not act as
an automatic supersedeas, but, upon cause shown and when the circumstances
require it, PEMA will have the power to grant a supersedeas.
(7) When an initial decision is appealed,
PEMA will provide the applicant with an opportunity for a hearing not later
than 7 business days after PEMA has received the appeal request. PEMA may
appoint a hearing examiner who may be an administrative law judge of the
Pennsylvania Public Utility Commission. Hearings may be held
telephonically.
(8) The hearing
examiner will provide the record of the hearing, if any, and a recommendation
to PEMA for review and adoption.
(9) PEMA will notify the applicant in writing
of its final decision and the reasons for the decision regarding the appeal
within 2 business days after PEMA has received a written recommendation from
the hearing examiner.
(d) An exemption or variance will be granted
only to the extent necessary to relieve extraordinary hardship and will require
and be conditioned upon compliance with all reasonable conservation measures
required by this chapter or the variance or exemption.
(e) An exemption or variance may be modified
or rescinded by the Commonwealth Drought Coordinator if public health, safety
and welfare require further reduction in water use.
(f) An exemption or variance granted to a
water user for a specific property, purpose or person is not transferable to
another property, purpose or person without prior written approval from the
Commonwealth Drought Coordinator.
