Current through Register Vol. 54, No. 44,
November 2, 2024
(a) If
compliance with the prohibition of nonessential use of water would result in
extraordinary hardship upon a water user, the water user may apply for an
exemption or variance, which would expire with the termination of the drought
emergency proclamantion, unless otherwise specified in the exemption or
variance.
(b) If a public water
supply agency can demonstrate that compliance with the prohibition of
nonessential use of water is unnecessary due to adequate water supply and it is
following a drought contingency plan approved by the Commonwealth Drought
Coordinator in accordance with §
118.4 (relating to contingency
plans-public water supply agencies), the public water supply agency may apply
for an exemption throughout all or portions of its service area. In reviewing
the applications, the Commonwealth Drought Coordinator shall give primary
consideration to any impacts that approval of the application may have on the
overall resources of the watershed or river basin and on the ability of law
enforcement agencies locally or throughout the designated drought emergency
area to enforce these or other emergency regulations. This consideration alone
maybe cause for denial.
(c) 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 the prohibition of nonessential use of
water.
(d) A water user or public
water supply agency may apply for an exemption or variance under the following
procedures:
(1) The water user or public water
supply agency shall submit a written application with full documentation
supporting the need for the requested relief to:
Commonwealth Drought Coordinator c/o Department of
Environmental Protection Post Office Box 8555 Harrisburg, Pennsylvania
17105-8555
(2) The
application from a water user shall contain information specifying:
(i) The nature of the hardship claimed and
the reason for the requested exemption or variance.
(ii) The efforts taken by the water user to
conserve water and the extent to which water use may be reduced by the
applicant without extraordinary hardship.
(3) The application from a public water
supply agency shall contain information specifying:
(i) The nature of the hardship claimed and
the reason for the requested exemption or variance.
(ii) The adequacy of the supply.
(iii) Evidence of compliance with an approved
drought contingency plan.
(4) 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 within a
reasonable time additional information as necessary to review the
application.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) The hearing
examiner will provide the record of the hearing, if any, and a recommendation
to PEMA for review and adoption.
(10) 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.
(e) An exemption or variance will only be
granted to an applicant to the extent necessary to relieve extraordinary
hardship and will be conditioned upon compliance with all reasonable
conservation measures required by this chapter or the variance or
exemption.
(f) 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.
(g) An exemption or variance
granted to a water user for a specific property, purpose or person is not
transferable to another property, purpose or water user without prior written
approval from the Commonwealth Drought Coordinator.
