Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Plan.
(1) Each public water
supply agency or governing body of a political subdivision is authorized to
develop a plan. A plan shall contain provisions to:
(i) Prohibit nonessential water use, if the
restrictions do not conflict with Chapter 119 (relating to prohibition of
nonessential water uses in a Commonwealth drought emergency area).
(ii) Establish equitable water rationing
provisions for residential, nonresidential and other water users together with
appropriate implementing procedures.
(iii) Provide for granting of variances or
exemptions to the provisions of a plan to address extraordinary hardships which
may exist as a result of a plan.
(2) "Guidelines for the Development of a
Local Water Rationing Plan" and a "Model Local Water Rationing Plan" may be
obtained from the Department. Public water supply agencies may contact the
Department's Bureau of Watershed Management, Post Office Box 8555, Harrisburg,
Pennsylvania 17105-8555, (717) 772-4048, for assistance in developing a
system-specific plan.
(b)
Review and approval by
Commonwealth Drought Coordinator. The Commonwealth Drought Coordinator
will review local water rationing plans submitted for review and approval in
accordance with the following procedures:
(1)
The public water supply agency or governing body of the affected political
subdivision shall apply in writing to the Commonwealth Drought Coordinator for
approval of its plan. The written request for approval shall include the
following elements:
(i) A plan as approved by
the public water supply agency or governing body of the affected political
subdivision.
(ii) A statement
describing the existence and severity of the water shortage.
(iii) An express request for approval of the
plan by the Commonwealth Drought Coordinator.
(iv) The signature of an authorized
representative of the public water supply agency or governing body of the
affected political subdivision.
(2) If the plan includes a service area which
is not included in a currently effective Governor's proclamation, the following
procedures will be followed:
(i) The
Commonwealth Drought Coordinator will determine whether or not the request,
together with other available information, establishes the existence of a water
shortage emergency that will require the Governor to issue a proclamation
declaring a state of local drought or water shortage emergency for the affected
area, and will make a recommendation to PEMA.
(ii) If PEMA concurs in the existence of a
local water shortage emergency, PEMA will submit to the Governor a proposed
proclamation to declare a state of local drought or water shortage emergency
for the affected area described in the proclamation.
(iii) After the Governor signs the
proclamation, PEMA will notify the Commonwealth Drought Coordinator that the
plan may be approved and put into effect.
(3) Any plan that covers emergency service
areas already included in a currently effective Governor's proclamation will go
into effect upon its approval by the Commonwealth Drought
Coordinator.
(c)
Mandatory implementation of plans.
(1) After the Governor has issued a
proclamation declaring a state of local drought or water shortage emergency for
an area of this Commonwealth, the Commonwealth Drought Coordinator may direct a
public water supply agency or governing body of a political subdivision that is
located within or has a source of water within the designated drought emergency
area to prepare and submit a plan to the Commonwealth Drought Coordinator for
review and approval.
(2) The public
water supply agency or governing body of a political subdivision shall submit
its plan to the Commonwealth Drought Coordinator, in accordance with the
procedures described in subsection (b), within 10 calendar days after receiving
written notification from the Commonwealth Drought Coordinator that the
adoption and implementation of a plan by that public water supply agency or
political subdivision is necessary to deal with the circumstances of the
drought or water shortage emergency.
(d)
Approval of a plan. Upon
approval by the Commonwealth Drought Coordinator of a plan submitted under
subsection (b) or (c), the Commonwealth Drought Coordinator will:
(1) Require the applicant to issue a notice
to at least one newspaper of general circulation in the area covered by the
plan, which will advise residential and nonresidential water customers or other
persons doing business in the emergency service area of the approval of the
plan and its effective date and where the public can review or obtain a copy of
the plan.
(2) Transmit to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin, a written notice which states the approval of the plan by
the Commonwealth Drought Coordinator and its effective date.
(3) Require the applicant to post a copy of
the plan in at least one public building; for example, a library, or a city,
town or municipal building within the emergency service area for the review of
the water customers affected by the implementation of the plan.
(4) Require the applicant to make copies of
the plan available to the water customers affected by the implementation of the
plan, upon request, either electronically or in hard copy.
(e)
Constructive notice. The
actions described in subsection (d) constitute constructive notice under
45 Pa.C.S. §
904
(relating to constructive notice) to all residential and nonresidential water
customers or other persons doing business within the emergency service area for
the purpose of enforcing the plan adopted and approved by the Commonwealth
Drought Coordinator.
This section cited in 4 Pa. Code §
120.4 (relating to responsibility
to monitor local water supply and implement water conservation measures); 4 Pa.
Code §
120.6 (relating to implementation
of further water usage reductions); and 4 Pa. Code §
120.11 (relating to enforcement by
political subdivision ordinance).
