Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 510-20 - Environmental Quality Board (Adm. Code Section 1920-A)(a) The Environmental Quality Board shall have the responsibility for developing a master environmental plan for the Commonwealth.(b) The Environmental Quality Board shall have the power and its duties shall be to formulate, adopt and promulgate such rules and regulations as may be determined by the board for the proper performance of the work of the department, and such rules and regulations, when made by the board, shall become the rules and regulations of the department.(c) The board shall continue to exercise any power to formulate, adopt and promulgate rules and regulations, heretofore vested in the several persons, departments, boards and commissions set forth in section 1901(a) of this act, and any such rules and regulations promulgated prior to the effective date of this act shall be the rules and regulations of the Department of Environmental Resources until such time as they are modified or repealed by the Environmental Quality Board.(d) The board shall have the power to subpoena witnesses, records and papers and upon certification to it of failure to obey any such subpoena the Commonwealth Court is empowered after hearing to enter, when proper, an adjudication of contempt and such other order as the circumstances require.(e) The board shall receive and review reports from the Department of Environmental Resources and shall advise the Department and the Secretary of Environmental Resources on matters of policy.(f) The board shall establish such rules and regulations, not inconsistent with law, for the control, management, protection, utilization, development, occupancy and use of the lands and resources of State parks, as it may deem necessary to conserve the interests of the Commonwealth. Such rules and regulations shall be compatible with the purposes for which State parks are created. Whenever the board imposes fees or charges for activities, admissions, uses or privileges, including charges for concessions, at or relating to State parks, such charges or fees shall be used solely for the acquisition, maintenance, operation or administration of the State parks systems, and are hereby appropriated for such purposes. The board shall not adopt or impose any charges or fees for parking or general admission to State parks unless the charges were imposed prior to January 1, 1984. The board may continue to impose and modify parking charges and fees applicable to specific services or units within the State park system which were imposed prior to January 1, 1984, and may impose charges or fees for admission to and for use of specific services and facilities in State parks.(g) The board shall establish such rules and regulations, not inconsistent with law, for the control, management, protection, utilization, development, occupancy, and use, of the lands and resources of the State forests, as the department deems proper, to conserve the interests of the Commonwealth. Such rules and regulations shall be compatible with the purposes for which the State forests are created, namely to provide a continuous supply of timber, lumber, wood, and other forest products, to protect the watersheds, conserve the waters, and regulate the flow of rivers and streams of the State and to furnish opportunities for healthful recreation to the public.(h) Any person may petition the Environmental Quality Board to initiate a rule making proceeding for the issuance, amendment or repeal of a regulation administered and enforced by the department.(i) The chairman of the Environmental Quality Board may suspend any regulation promulgated solely to meet a requirement of the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, when the requirement is no longer binding upon Pennsylvania. Notice of the suspension shall be published in the Pennsylvania Bulletin. Within sixty days after the suspension, the Environmental Quality Board shall reconsider the suspended regulation and shall promulgate, amend or repeal the regulation pursuant to the requirements of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law. (j) The board shall promulgate regulations under the act of June 22, 1937 ( P.L. 1987, No.394), known as "The Clean Streams Law," or other laws of this Commonwealth that require that the water quality criteria for manganese established under 25 Pa. Code ch. 93 (relating to water quality standards) shall be met, consistent with the exception in 25 Pa. Code § 96.3(d) (relating to water quality protection requirements). Within ninety (90) days of the effective date of this subsection, the board shall promulgate proposed regulations. Amended by P.L. TBD 2017 No. 40, § 6, eff. 10/30/2017.1929, April 9, P.L. 177, art. XIX-A, § 1920-A, added 1970, Dec. 3, P.L. 834, No. 275, § 20, effective 1/19/1971. Amended 1980, Oct. 10, P.L. 805, No. 153, § 1, effective in 60 days; 1981, July 1, P.L. 177, No. 51, § 1, imd. effective; 1984, Dec. 21, P.L. 1275, No. 242, § 2, effective 1/1/1985.