Current through Register Vol. 54, No. 42, October 19, 2024
Section 118.4 - Contingency plans-public water supply agencies(a)Preparation and submission.(1) Within the time frame specified in the Governor's proclamation of drought emergency or order issued during an emergency by the Commonwealth Drought Coordinator, each public water supply agency which provides service to 50 or more customer connections and which has either a source of water or a service area within the designated drought emergency area shall develop, adopt and submit a drought contingency plan meeting the requirements set forth in this section.(2) Each public water supply agency shall submit three copies of the drought contingency plan to the Commonwealth Drought Coordinator, for distribution to PEMA, the Department and other interested Commonwealth agencies, including the Pennsylvania Public Utility Commission if applicable. Each public water supply agency shall submit a copy of the drought contingency plan to the counties in which the public water supply agency serves water.(3) If a public water supply agency has previously prepared and submitted to the Commonwealth Drought Coordinator a drought contingency plan containing the information required by this section and the plan was approved by the Commonwealth Drought Coordinator, or a designee, not more than 3 years prior to the Governor's proclamation of drought emergency, the plan may be deemed to satisfy the requirements of this section; however, the public water supply agency may affirm, modify or amend the plan as it deems appropriate, through submittal of a modified or amended plan to the Commonwealth Drought Coordinator for approval.(b)Contents. Drought contingency plans for public water supply agencies shall, at a minimum, contain the following: (1) The name, address and telephone number of the public water supply agency, and the names of officers or other persons responsible for directing operations during a drought emergency.(2) A description of the ground and surface water sources utilized by the system, including all interconnections, and the locations and yields of the sources.(3) Data indicating the monthly average and peak day rates of withdrawal from each source for each calendar month during the previous calendar year, or most recent 12 month period for which the data is available.(4) Data indicating the monthly average and peak day rates of water use in the system for each calendar month during the previous calendar year, or the most recent 12 month period for which data is available.(5) A description of criteria to be used by the agency in identifying the onset of water shortage problems in the system.(6) A plan of actions which will be taken by the public water supply agency to respond to drought or water shortage conditions, including public notice such as newspaper, radio or television notice, a water conservation program, development of emergency supplies, and rationing. The plan shall provide for actions to be taken to achieve a phased reduction of total system withdrawal and use.(7) A procedure for the granting of variances or exemptions to the provisions of a plan to address extraordinary hardships which may exist as a result of a plan, including a provision for appeal as specified in § 120.9(e) (relating to excess use charges). For purposes of this section, "extraordinary hardship" means a permanent damage to property, including perishable raw or processed products, or other personal or economic loss which is substantially more severe than the sacrifices borne by other water users subject to a public water supply agency's drought contingency plan. The procedure shall include, when appropriate, consideration of: (i) Impact of water use reductions upon: (A) Public health and safety, including pharmaceutical processes.(B) Food and raw fiber production, including protection of perishable raw or processed products.(C) Delivery of electric generation services.(D) The maintenance of employment.(ii) The measures and efforts previously undertaken to conserve water or to provide for water storage and releases, and the ability of users to implement additional conservation measures.(c)Implementation of contingency plans by public water supply agencies. Each public water supply agency which has either a source of water or a service area within the designated drought emergency area shall implement its approved drought contingency plan during the effective period of the Governor's proclamation of drought emergency.The provisions of this §118.4 amended July 6, 2001, effective 7/7/2001, 31 Pa.B. 3520. This section cited in 4 Pa. Code § 119.6 (relating to procedure for exemptions or variance from the prohibition of nonessential uses of water).