Title 27, ENVIRONMENTAL RESOURCES

This chapter deals with water resources planning.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Basin." The watershed of one of the following major rivers or hydrologic systems: the Delaware River, the Great Lakes, …

The Statewide committee, the regional committees and the department shall cooperate and coordinate with appropriate Compact Basin Commissions and Federal, interstate, State and political subdivisions, municipalities, public water supply agencies and other agencies for efficient p…

In consultation with the Statewide committee, the department shall, to the extent practicable, enter into administrative agreements with appropriate Compact Basin Commissions and Federal, State, interstate, municipal and other agencies for the following purposes: (1) To avoid unn…

(a) Preparation and adoption.--In accordance with this chapter and with ongoing consultation with the Statewide committee and the department, each regional committee shall guide the development of and recommend to the Statewide committee a regional plan component for review, appr…

(a) General rule.--The State water plan and regional plan shall include: (1) An inventory of the surface water resources of each region of this Commonwealth, including an identification of the boundaries of significant watersheds and an estimate of the safe yield of such sources …

(a) Creation.--There is created within the department a regional committee for each of the following regions in this Commonwealth: (1) The watershed drainage area of the Delaware River and its tributaries. (2) The watershed drainage area of the West Branch Susquehanna River subba…

(a) Establishment.--There is established within the department the Statewide Water Resources Committee. The purpose of the committee is to coordinate the development of the State water plan, recommend policies and guidelines for and oversee the development of the State water plan…

(a) Preparation of State water plan.-- (1) A State water plan shall be developed and adopted in accordance with this section within five years of the effective date of this chapter. After the initial adoption of a State water plan, the plan shall be amended and updated every five…

(a) General use of plan.--The State water plan is intended to serve as a policy and guidance document, providing information, objectives, priorities and recommendations to be considered and weighed in a broad range of State, local and private decisions. The State water plan is no…

(a) General rule.--In cooperation with the Compact Basin Commissions and Federal, State and regional agencies with responsibilities relating to water resources management, the department shall establish and maintain a Statewide system to gather, process and distribute information…

(a) Interim registration program.--Pending the adoption of regulations for registration and reporting under subsection (b), each public water supply agency and each hydropower facility, irrespective of the amount of withdrawal, and each person whose total withdrawal or withdrawal…

(a) General rule.--Except as provided in subsection (b), information required to be submitted to the department under this chapter shall be subject to the provisions of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. (b) Exception.--The departmen…

(a) Technical assistance center.--The department shall establish and maintain a water resources technical assistance center to promote voluntary water conservation and to provide technical assistance on water resources uses issues, including methods for efficient water use, inclu…

(a) Authorization.--The department is authorized to provide grants for the following purposes: (1) Reimbursement of up to 75% of the cost of preparing a voluntary water use reduction plan under section 3120(a)(2) (relating to water conservation). (2) Water resources education, te…

(a) Use of funds.--The department shall use fees collected from the use of the Statewide data system to defray the reasonable costs of administering sections 3117 (relating to Statewide data system) and 3118 (relating to water use registration and reporting). (b) Public records a…

(a) General rule.--A violation of this chapter or an order or regulation under this chapter shall constitute a public nuisance. (b) Applicability of other law.--Nothing in this chapter shall be construed as affecting the application of 18 Pa.C.S. § 5101 (relating to obstructing a…

(a) Issuance.--The department may issue orders necessary to aid in the enforcement of this chapter. An order may be issued if the department finds that a person is in violation of this chapter or of a regulation issued under this chapter. The department may, in its order, require…

(a) Abatement of nuisances.--An activity or condition declared to be a public nuisance under section 3132 (relating to public nuisance) shall be restrained or prevented in the manner provided by law or equity for abatement of public nuisances, and the reasonable expense thereof m…

(a) Other remedies.--The collection of a penalty under this chapter shall not be construed as estopping the Commonwealth, a municipality or an authorized agency from proceeding in courts of law or equity to abate public nuisances under existing law. (b) Remedies additional and cu…

(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.…

This chapter deals with environmental laboratory accreditation.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Accreditation." A determination by the Department of Environmental Protection that an environmental laboratory is capab…

(a) Establishment.--The department shall establish an accreditation program for environmental laboratories. (b) Accreditation.--An environmental laboratory must be accredited under this chapter and be in compliance with all the provisions of this chapter in order to generate data…

The department shall have the following powers and duties: (1) Establish, administer and enforce an environmental laboratory accreditation program which shall include accreditation standards necessary for a State certification program. The program shall also include a NELAP accre…

(a) General rule.--The Environmental Quality Board shall adopt regulations as necessary to implement this chapter, to include the establishment of: (1) Testing or analysis to be conducted by an environmental laboratory. (2) Allowable fees for environmental laboratories. (3) Requi…

(a) Forms.--Applications, certificates and other documents shall be in a form prescribed by the department. (b) General requirements.--An environmental laboratory shall have the staff, management structure, equipment, quality assurance and quality control procedures and recordkee…

(a) Registration.--All environmental laboratories shall register with the department by October 2, 2002, on a registration form prepared by the department. An environmental laboratory which begins testing or analysis of environmental samples after this date shall register with th…

The secretary shall appoint a Laboratory Accreditation Advisory Committee to provide technical assistance under this chapter. The committee shall consist of 11 members, including the following: (1) One representative of a municipal authority. (2) One representative from a commerc…

(a) General rule.--It shall be unlawful for a person to violate or to cause or assist in the violation of this chapter, to fail to comply with an order or condition of accreditation within the time specified by the department or to hinder, obstruct, prevent or interfere with the …

(a) Criminal penalties.-- (1) A person who knowingly, willfully or recklessly misrepresents that a test or an environmental sample is accurate or was performed in accordance with procedures authorized pursuant to this chapter commits a misdemeanor of the third degree and, upon co…

Records required under this chapter shall be maintained for five years unless otherwise specified in regulation.

An employee of an environmental laboratory covered by this chapter shall be deemed to be an employee under the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, in regard to good faith reports of potential violations of this chapter. Environmental labor…

All existing rules and regulations promulgated pursuant to any environmental statute remain in full force and effect until superseded and repealed by the rules and regulations promulgated pursuant to this chapter.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Commencement of construction." The moment when a grantee issues a full notice to proceed order to the construction cont…

A solar energy facility agreement executed after the effective date of this section shall provide that the grantee is responsible for decommissioning the grantee's solar energy facility on the surface property owner's property in accordance with this chapter no later than 18 mont…

(a) Proof of financial assurance.--A grantee who executes a solar energy facility agreement on or after the effective date of this subsection shall provide a decommissioning plan, submit proof of financial assurance to the county recorder of deeds and provide notice to the surfac…

(a) Development of form.-- (1) Within 180 days of the effective date of this paragraph, the department shall, by regulation and in consultation with the solar energy industry, develop a provisional standard form for a decommissioning plan and financial assurance to be filed with …

The grantee of a solar energy facility commenced on or after the effective date of this section shall attest to the grantee's compliance with the Uyghur Forced Labor Prevention Act (Public Law 117-78, 135 Stat. 1525) or any other Federal law, rule or regulation that restricts the…

The regulation of the decommissioning of solar energy facilities is a matter of general Statewide interest that requires uniform Statewide regulation. This chapter and the regulations promulgated under this chapter constitute a comprehensive plan with respect to all aspects of so…

The requirements under this chapter shall not apply to any of the following: (1) A solar energy facility with a nameplate capacity of two megawatts AC or less. (2) A customer-generator as defined in section 2 of the act of November 30, 2004 (P.L.1672, No.213), known as the Altern…

This chapter shall be known and may be cited as the Environmental Stewardship and Watershed Protection Act.

The General Assembly hereby determines, declares and finds as follows: (1) Ninety-six percent of the water-quality-impaired watersheds in this Commonwealth are polluted because of nonpoint sources of pollution such as past mining activities, urban and agricultural runoff, atmosph…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Acquisition." The purchase or lease with an option to purchase of land, easements or buildings for public parks, conser…

(a) Establishment.--There is established a special fund in the State Treasury, to be known as the Environmental Stewardship Fund. (b) Sources.-- (1) Money appropriated by the General Assembly, interest earned by the fund, penalties, money received from the Federal Government or o…

(a) The Department of Conservation and Natural Resources.-- (1) The Department of Conservation and Natural Resources shall utilize money it receives from the fund for the following purposes: (i) To rehabilitate, repair and develop State park and State forest lands and facilities …