Pennsylvania Finalizes Water Resources Planning Regulations

On November 15, 2008, the Pennsylvania Environmental Quality Board published the final Water Resources Planning regulations under Act 220.  These regulations amend the reporting requirements for water suppliers in Chapter 109 (Safe Drinking Water) and add a new Chapter 110 (Water Resources Planning) to the Pennsylvania regulations in 25 Pa. Code.  The information collected under the regulations will be used in the development of the State Water Plan, which is mandated by Act 220. 

New Chapter 110 specifies registration, monitoring, recordkeeping, and reporting requirements that are applicable to water users in the Commonwealth.  Registration requirements apply to any person (i.e., individual, partnership, association, company, corporation, municipal authority, or Federal or Commonwealth agency) that engages in any of the following activities: 

• Withdraws more than 10,000 gallons of water per day from surface water or groundwater in any 30-day period.
• Obtains more than 100,000 gallons of water per day from an interconnection (such as a public water supply) in any 30-day period.
• Obtains more than 10,000 gallons of water per day from an interconnection (such as a public water supply) in a critical water planning area in any 30-day period.

All persons that are required to register must submit annual reports to the Pennsylvania Department of Environmental Protection (PADEP) by March 31 for public water supply agencies and June 30 for other water users.  The reports must include the amount of water withdrawn or obtained through an interconnection, the location of each withdrawal or interconnection, the amount of water consumptively and non-consumptively used, the location(s) and amount of water returned or discharged, and the amount of water transferred between public water supply agencies through interconnections.  Additional recordkeeping requirements are specified for the following specific types of water users: public water supply agencies; power generation facilities; the manufacturing industry; the mineral industry; the bulk, vended, retail, and bottled water industry; golf courses; and ski resorts.

Records of all registration and report information, including supporting data, must be kept for at least five (5) years.  Monitoring requirements are applicable to public water supply agencies, hydropower facilities, persons with a total withdrawal of 50,000 gallons of water per day (average during any 30-day period), and persons that obtain 100,000 gallons of water per day through an interconnection (average during any 30-day period).  Monitoring must be accurate to within 5% or 10% of actual flow depending upon the specific water user.  Chapter 110 also contains provisions for the voluntary registration of water conservation projects with PADEP.