PROPOSED RULEMAKING
DELAWARE RIVER BASIN COMMISSION
[25 PA. CODE CH. 901]
Proposed Amendments to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania
[29 Pa.B. 647] The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to its Ground Water Protected Area Regulations for Southeastern Pennsylvania with respect to the establishment of numerical groundwater withdrawal limits for 62 subbasins which are entirely or partially within the Ground Water Protected Area. Limits, based upon baseflow frequency analyses, were initially specified for the 14 subbasins in the Neshaminy Creek Basin. Limits for the remaining 62 subbasins are based upon additional baseflow frequency analyses provided by the United States Geological Survey in 1998. Although the limits within the Neshaminy Creek Basin remain unchanged, the withdrawal limits for the entire protected area are presented in this notice.
Dates
The public hearing will be held on Tuesday, March 9, 1999, beginning at 1 p.m. and continuing until 5 p.m., as long as there are people present wishing to testify. The hearing will resume at 7 p.m. and continue until 9 p.m., as long as there are people present wishing to testify.
The deadline for inclusion of written comments in the hearing record will be announced at the hearing. Persons wishing to testify at the hearing are requested to register with the Secretary in advance of the hearing.
Addresses
Written comments should be submitted to Susan M. Weisman, Delaware River Basin Commission, P. O. Box 7360, West Trenton, NJ 08628. The public hearings will be held in the Hearing Room of the Pennsylvania Department of Environmental Protection's Southeastern Regional Office at 555 E. North Lane, Lee Park Suite 6010, Conshohocken, PA.
For Further Information Contact
Copies of the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania may be obtained by contacting Susan M. Weisman, Commission Secretary, at (609) 883-9500 ext. 203.
Supplementary Information Background and Rationale
The Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania were adopted in 1980 to prevent depletion of groundwater, protect the interests and rights of lawful users of the same water source, and balance and reconcile alternative and conflicting uses of limited water resources in the area. Lowered water tables resulting from withdrawals in excess of recharge rates have led to reduction of flows in some perennial streams in the region and have dried up some stream reaches which previously flowed all year. Such reductions in base flow interfere with instream and downstream water uses, adversely affect fisheries and aquatic life, and threaten to reduce the capacity of streams in the region to assimilate pollutants.
On January 28, 1998, the Commission adopted amendments to the Ground Water Protected Area Regulations which established a two-tiered system of withdrawal limits. The first tier serves as a warning that a subbasin is ''potentially stressed.'' In potentially stressed subbasins, applicants for new or expanded groundwater withdrawals are required to implement one or more programs to mitigate adverse impacts of additional groundwater withdrawals. Acceptable programs include: conjunctive use of groundwater and surface water; expanded water conservation; control of groundwater infiltration to the receiving sewer systems; and artificial recharge and spray irrigation. The second tier serves as the maximum withdrawal limit. The Commission seeks to prevent groundwater withdrawals from exceeding the maximum withdrawal limit.
The regulations also provide incentives for holders of existing DRBC dockets and protected area permits to implement the above-cited conjunctive use and conservation programs to mitigate the adverse impacts of their groundwater withdrawals. If docket or permit holders successfully implement one or both programs, the Commission could extend the docket or permit duration for up to 10 years.
The regulations also specify administrative criteria for issuing and review of dockets and permits as well as protocol for updating and revising withdrawal limits to provide additional protection for streams designated by the Commonwealth of Pennsylvania as ''high quality'' or ''exceptional value,'' or to correspond with any integrated resources plans adopted by municipalities for subbasins.
The groundwater study which provided the basis for the withdrawal limits for the subbasins in the Neshaminy Creek Basin was prepared by the United States Geological Survey in cooperation with the Commission and is entitled ''Water-Use Analysis Program for the Neshaminy Creek Basin, Bucks and Montgomery Counties, Pennsylvania.'' The United States Geological Survey was contracted by the Commission to prepare a similar study to investigate the withdrawal limits for the remaining subbasins in the protected area. The results of both studies are recorded on CD-ROM which is available from the Commission. Specific software, the Access database and ArcView from ESRI are required to view the CD-ROM. To review the CD-ROM at the Commission's offices, please contact Judith Strong, at (609) 883-9500 ext. 263 for an appointment. To order the CD-ROM at a cost of $10, please contact Carolyn Hartman at (609) 883-9500 ext. 249. To review the CD-ROM at locations within the protected area, please contact Susan M. Weisman at (609) 883-9500 ext. 203.
The subject of the hearing will be as follows:
Amendment to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania Relating to the Establishment of Numerical Ground Water Withdrawal Limits for Subbasins in the Protected Area.
It is proposed to:
1. Amend the Ground Water Protected Area Regulations for Southeastern Pennsylvania as follows: Subsection 6.i.(3) is hereby revised to read as follows:
(3) The potentially stressed levels and withdrawal limits for all delineated basins and subbasins are set forth below:
Neshaminy Creek Basin
Subbasin Potentially Stressed Withdrawal Limit (mgy)* (mgy) West Branch Neshaminy Creek Basin 1,054 1,405 Pine Run Basin 596 795 North Branch Neshaminy Creek 853 1,131 Doylestown Subbasin Neshaminy Creek 710 946 Warwick Subbasin Neshaminy Creek 889 1,185 Warrington Subbasin Little Neshaminy Creek 505 673 Park Creek Basin 582 776 Warminster Subbasin Little Neshaminy Creek 1,016 1,355 Mill Creek Basin 1,174 1,565 Northampton Subbasin Neshaminy Creek 596 794 Newtown Creek 298 397 Core Creek Basin 494 658 Ironworks Creek Basin 326 434 Lower Section Subbasin Neshaminy Creek 3,026 4,034
Schuylkill River Basin Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Hay Creek 974 1,299 Lower Reach Manatawny-Ironstone Creek 1,811 2,414 Pigeon Creek 611 815 Schuylkill-Crow Creek 1,157 1,543 Schuylkill-Mingo Creek 671 895 Schuylkill-Plymouth-Mill Creeks 4,446 5,929 Schuylkill-Sixpenny Creek 1,490 1,987 Schuylkill-Sprogels Run 1,091 1,455 Schuylkill-Stony Creek 687 916 Schuylkill-Trout Creek 1,082 1,443 Stony Creek 1,242 1,655 Valley Creek 1,865 2,486
French and Pickering Creek Subbasins Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Lower Reach French Creek 634 845 Lower Reach Pickering Creek 1,716 2,288 Middle Reach French Creek 1,608 2,145 South Branch French Creek 1,044 1,393 Upper Reach French Creek 1,295 1,726 Upper Reach Pickering Creek 1,358 1,811
Perkiomen and Skippack Creek Subbasins Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) East Branch Perkiomen-Indian Creeks 633 844 East Branch Perkiomen-Mill Creeks 720 961 East Branch Perkiomen-Morris Run 1,214 1,619 Hosensack-Indian Creeks 1,257 1,676 Lower Reach Skippack Creek 1,069 1,426 Perkiomen-Deep Creeks 1,047 1,396 Perkiomen-Lodal Creeks 1,200 1,600 Perkiomen-Macoby Creek 1,252 1,669 Swamp-Middle Creeks 1,423 1,898 Swamp-Minister Creeks 547 730 Swamp-Scioto Creeks 746 994 Towamencin Creek 466 622 Unami-Licking Creeks 992 1,322 Unami-Ridge Valley Creeks 1,068 1,424 Upper Reach Perkiomen Creek 1,223 1,631 Upper Reach Skippack Creek 813 1,084 West Branch Perkiomen Creek 1,566 2,088
Delaware River Basin Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Jericho Creek 421 562 Mill Creek 1,600 2,134 Paunnacussing Creek 513 684 Pidcock Creek 563 751 Upper Reach Cobbs Creek 871 1,161 Upper Reach Crum Creek 1,290 1,721 Upper Reach Darby Creek 1,625 2,167 Upper Reach East Branch Chester Creek 1,865 2,487 Upper Reach Frankford Creek 1,414 1,886 Upper Reach Poquessing Creek 1,008 1,344 Upper Reach Ridley Creek 1,707 2,275
Tohickon Subbasin Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Tohickon-Beaver-Morgan Creeks 1,156 1,541 Tohickon-Deep Run 956 1,274 Tohickon-Geddes-Cabin Runs 602 803 Tohickon-Lake Nockamixon 556 741 Tohickon-Three Mile Run 726 968
Pennypack and Wissahickon Subbasins Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Lower Reach Wissahickon Creek 2,750 3,666 Upper Reach Wissahickon Creek 1,302 1,736 Middle Reach Pennypack Creek 1,295 1,727 Upper Reach Pennypack Creek 1,358 1,811
Brandywine Creek Subbasin Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) East Branch Brandywine-Taylor Run 1,054 1,405 Middle Reach Brandywine Creek 823 1,098 Upper Reach Brandywine Creek 1,614 2,153 West Branch Brandywine-Beaver Run 2,110 2,813 West Branch Brandywine-Broad Run 2,380 3,173 West Valley Creek 1,673 2,231
Lehigh Subbasin Subbasin Potentially Stressed Withdrawal Limit (mgy) (mgy) Upper Reach Saucon Creek 946 1,262 Subject to public notice and hearing, this section may be updated or revised based upon new and evolving information on hydrology and streamflow and groundwater monitoring or in accordance with (2).
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*mgy means million gallons per year2. This regulation shall be effective immediately.
Delaware River Basin Compact, 75 Stat. 688.
SUSAN M. WEISMAN,
SecretaryFiscal Note: 68-39. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART V. DELAWARE RIVER BASIN COMMISSION
CHAPTER 901. GENERAL PROVISIONS § 901.5. Groundwater protection area, Southeastern Pennsylvania
The Basin Regulations, Groundwater Protection, Southeastern Pennsylvania, as set forth at 18 CFR Part 430 ([1998] 1999), are hereby incorporated by reference and made part of this title.
[Pa.B. Doc. No. 99-184. Filed for public inspection February 5, 1999, 9:00 a.m.]
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