§ 3136. Relation to other laws
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 27 Pa.C.S.A. Environmental ResourcesEffective: March 17, 2003
Effective: March 17, 2003
27 Pa.C.S.A. § 3136
§ 3136. Relation to other laws
(a) Limitations upon department.--Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department, including the Environmental Quality Board, to regulate, control or require permits for the withdrawal or use of water. Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department under the act of June 22, 1937 (P.L. 1987, No. 394),1 known as The Clean Streams Law. Further, nothing set forth in this chapter, any regulations adopted under this chapter or in the State water plan shall authorize the department to take any action to:
(b) Limitations on water allocation authority.--The General Assembly reiterates the declarations of other statutes reflecting the need to manage water resources on a watershed basis without respect to political boundaries and the understanding that water management programs should be based upon an accurate and current State water plan. Accordingly, no political subdivision shall have any power to allocate water resources or to regulate the location, amount, timing, terms or conditions of any water withdrawal by any person.
(c) Limitations on municipalities.--Nothing in subsection (b) shall affect the power of any municipality to adopt and enforce ordinances pursuant to 35 Pa.C.S. Pt. V2 (relating to emergency management services) or regulate the use of land pursuant to the Pennsylvania Municipalities Planning Code or other laws. Further, each municipality shall retain and may exercise such authority as conferred by other statutes to adopt ordinances and regulations concerning:
(d) Limitations relating to compacts.--Nothing in this chapter shall be construed to supersede or abrogate any provisions of the act of July 7, 1961 (P.L. 518, No. 268),3 known as the Delaware River Basin Compact, or the act of July 17, 1968 (P.L. 368, No. 181),4 referred to as the Susquehanna River Basin Compact Law, and this chapter shall be construed in pari materia with such compacts.
Credits
2002, Dec. 16, P.L. 1776, No. 220, § 2, effective in 90 days.
Footnotes
35 P.S. § 691.1 et seq.
35 Pa.C.S.A. § 7101 et seq.
32 P.S. § 815.101 et seq.
32 P.S. § 820.1 et seq.
27 Pa.C.S.A. § 3136, PA ST 27 Pa.C.S.A. § 3136
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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