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§ 817.26. Powers and duties of Environmental Quality Board

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State ParksEffective: July 4, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part II. Waters (Refs & Annos)
Chapter 34B. Great Lakes-ST. Lawrence River Basin Water Resources Compact
Effective: July 4, 2008
32 P.S. § 817.26
§ 817.26. Powers and duties of Environmental Quality Board
Currentness
The Environmental Quality Board shall have the power and duty to adopt regulations as reasonably necessary to implement and enforce the compact1 and the management programs required by the compact and this act. Such regulations may include rules establishing:
(1) Criteria and procedures for review and approval of proposals for water withdrawals, consumptive uses or diversions consistent with the standard of review and decision set forth in the compact. For purposes of section 4.10 of the compact, the threshold for management and regulation shall be as follows:
(i) any new or increased withdrawal from the basin in an amount that equals or exceeds 100,000 gallons per day averaged over any 90-day period;
(ii) any new or increased consumptive use of water withdrawn from the basin in an amount which equals or exceeds 5,000,000 gallons per day averaged over any 90-day period; or
(iii) any new or increased diversion of water from the basin.
(2) Criteria and procedures for establishing the baseline amount of existing withdrawals, consumptive uses and diversions, consistent with section 82 of this act.
(3) Reasonable fees for processing of applications for proposals subject to review and approval by the department. Such fees shall bear a reasonable relationship to the actual cost of administering the program.
The Environmental Quality Board shall not adopt rules to implement any mandatory program governing water conservation and efficiency pursuant to section 4.2 of the compact, unless the General Assembly enacts legislation specifically authorizing the adoption of such regulations or implementation of a mandatory program.

Credits

2008, July 4, P.L. 526, No. 43, § 6, imd. effective.

Footnotes

1
32 P.S. § 817.22.
2
32 P.S. § 817.28.
32 P.S. § 817.26, PA ST 32 P.S. § 817.26
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document