PROPOSED RULEMAKING
DELAWARE RIVER BASIN COMMISSION
[25 PA. CODE CH. 901]
Water Usage Reporting
[31 Pa.B. 1233] The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on revised proposed amendments to its Water Code and Comprehensive Plan to establish water usage reporting requirements for source water withdrawals and water service and to receive comments on proposed amendments to its water metering requirements. On October 23, 2000, the Commission published on its web site a Notice of Proposed Rulemaking to establish water usage reporting requirements to ensure that the Commission has the source and service information needed to evaluate how and where water is being used in the basin. Notice also was published in the Pennsylvania Bulletin on November 11, 2000, 30 Pa.B. 5844 and in the Federal Register on November 29, 2000. The Commission held a public hearing on the proposed rulemaking on January 9, 2001. Today, in response to written and oral testimony, including recommendations of the Commission's Water Management Advisory Committee, substantive changes are proposed to the previously noticed amendments to the Water Code and Comprehensive Plan. The Commission deems the changes significant enough to warrant this revised notice, a new opportunity for comment, and a second hearing before it adopts the proposed amendments. The proposal that is the subject of today's notice differs significantly from the original in that it extends the water usage reporting obligation set forth in proposed Section 2.50.3 of the Water Code to users subject to the Commission's Ground Water Protected Area Regulations for Southeastern Pennsylvania, including the owner(s) of each water supply system serving the public and each person, firm, corporation or other entity, other than water supply systems serving the public, subject to the Ground Water Protected Area Regulations for Southeastern Pennsylvania. Minor changes to the proposed water usage reporting requirements include additional requests for data on acres irrigated (for irrigated uses only), whether water is recycled or reclaimed, and the percentages recycled or reclaimed. These data are requested only if available and only in an initial report and thereafter when changes occur. The revised proposed water usage reporting requirements differ from the original proposed requirements in one further respect. They provide that in the absence of an administrative agreement between the Commission and the state agency serving as the designated agency, the Commission shall administer and enforce the regulations. To ensure consistency, a similar revision as to administration and enforcement is proposed in Sections 2.50.1 and 2.50.2, concerning water metering requirements.
Dates
The public hearing will be held on Thursday, April 19, 2001, during the Commission's regular business meeting. The meeting will begin at 1 p.m. and continue until all those present who wish to testify are afforded an opportunity to do so. Persons wishing to testify at the hearing are asked to register in advance with the Commission Secretary.
The deadline for submission of written comments will be April 6, 2001.
Addresses
The public hearing will be held in New York City at a location to be posted on the Commission's web site, www.drbc.net, by mid-March. Directions to the meeting location will be posted on the web site as well. Written comments should be submitted to Pamela M. Bush, Delaware River Basin Commission, P. O. Box 7360, West Trenton, NJ 08628-0360.
Further Information, Contacts
Supplemental information, including an explanation of the need for water usage reporting requirements and an account of the process by which the amendments originally were proposed, is contained in the original Notice of Proposed Rulemaking. The existing regulations, original Notice of Proposed Rulemaking and this Notice of Revised Proposed Rulemaking all are posted on the Delaware River Basin Commission web site at www.drbc.net. Please contact Esther Siskind at (609) 883-9500 ext. 202 with questions about the proposed amendments and Pamela M. Bush, ext. 203 with questions about the rulemaking process.
It is proposed to:
Amend the Comprehensive Plan and Article 2 of the Water Code of the Delaware River Basin Commission by revising the title of Section 2.50 of the Water Code to read as follows: WATER METERING AND REPORTING REQUIREMENTS; by revising Section 2.50.1, Subsection G, and Section 2.50.2, Subsections A, C, and D as indicated below (brackets denote text proposed to be deleted; italic denotes text proposed to be added); and by adding a new subsection 2.50.3, set forth in regular text below.
2.50.1 Service Metering
G. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director [shall] is hereby authorized to enter into administrative agreements with the Delaware Department of Natural Resources and Environmental Control, New Jersey Department of Environmental Protection, New York Department of Health, Pennsylvania Department of Environmental Protection, and other state agencies where appropriate, authorizing such agencies to administer and enforce the provisions of this regulation to the extent practicable and to adopt such rules and regulations of procedure as may be necessary to insure the proper administration and enforcement of this regulation. In the absence of an administrative agreement, the Commission shall serve as the administration and enforcement agency for this regulation.
2.50.2 Source metering, recording and reporting
A. Each person, firm, corporation, or other entity whose cumulative daily average withdrawal(s) from the surface and/or ground waters of the Basin from any surface water intake, spring, or well, or any combination of surface water intakes, springs, or wells operated as a system, exceeds 100,000 gallons per day during any 30-day period shall meter or measure and record their withdrawals and report such withdrawals to the designated agency. Withdrawals shall be measured by means of an automatic continuous recording device, flow meter, or other method, and shall be measured to within five percent of actual flow. Exception to the five percent performance standard, but no greater than ten percent, may be granted for surface water withdrawals by the designated [state] agency if maintenance of the five percent performance standard is not technically feasible or economically practicable. Meters or other methods of measurement shall be subject to approval and inspection by the designated [state] agency as to type, method, installation, maintenance, calibration, reading and accuracy. Withdrawals shall at a minimum be recorded on a daily basis for public water supply use and on a biweekly basis for all other water uses, and reported as monthly totals annually. More frequent recording or reporting may be required by the designated [state] agency or the Commission.
C. The following are the designated [state] agencies for the purposes of this regulation: Delaware Department of Natural Resources and Environmental Control; New Jersey Department of Environmental Protection; and Pennsylvania Department of Environmental Protection. The Delaware River Basin Commission shall serve as the designated agency for administering and enforcing this regulation in the New York portion of the basin.
D. Pursuant to Section 11.5 of the Compact, the designated [state] agencies shall administer and enforce programs for metering, recording and reporting of water withdrawals, in accordance with this regulation and any applicable state regulations.
2.50.3 Reporting Requirements
A. Year 2000 Reporting Requirements
1. Water Supply Systems Serving the Public. The owner(s) of each water supply system serving the public and subject to requirements under subsection 2.50.1, subsection 2.50.2, and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data for the year 2000 to the designated agency.
a. Source Data
i. Withdrawals. The following data shall be reported for each withdrawal source separately (i.e., each well or surface water intake).
-- Year - 2000
-- Facility Identification Code (State Code)
-- State Permit Number
-- DRBC Docket Number(s)
-- Facility Name
-- Source Type: Surface Water/Ground Water
-- Source Name and/or Source ID Number
-- Withdrawal Location
* Municipality
* County
* Latitude and Longitude (method used)
-- Monthly Withdrawal Amount (million gallons (MG))ii. Bulk Purchases from Other Suppliers. The following data shall be reported for each bulk purchase separately.
-- Bulk Supplier Name
-- Bulk Supplier's Source Name(s)
-- Monthly Bulk Purchase Amount (MG)b. Service Area Data. The following data shall be reported separately for each county served.
i. Service Area Name(s)
ii. Service Area Location(s)
-- Municipalities
-- Countiesiii. Population Served
iv. Total Annual Water Use by Category (MG) (To the extent available, provide a breakdown of water use by the following categories.)
-- Residential metered (including apartment complexes)
-- Commercial metered
-- Institutional metered
-- Industrial metered
-- Bulk Sales
-- Other metered (Specify)
-- Unaccounted for (defined as the amount of water entering the distribution system minus the amount of water delivered through service meters)1
-- Totalv. Wastewater Disposal (if known)
-- Facility Identification Code (State Code)
-- State Permit Number
-- Facility Namevi. United States Geological Survey (USGS) quadrangle map (1:24K) or other equivalent or higher resolution map identifying withdrawal, service area and discharge locations.
2. Other Withdrawals. Each person, firm, corporation, or other entity, except water supply systems serving the public, subject to requirements under subsection 2.50.2 and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data for the year 2000 to the designated agency. The data shall be reported for each withdrawal source separately (i.e., each well or surface water intake).
a. Year - 2000
b. Facility Identification Code (State Code)
c. State Permit Number
d. DRBC Docket Number(s)
e. Facility Name
f. Source Type: Surface Water/Ground Water
g. Source Name and/or Source ID Number
h. Use Category
i. Self supplied commercial
ii. Self-supplied industrial
iii. Self-supplied institutional
iv. Self-supplied agriculture (including crop irrigation, nurseries, aquaculture & livestock)
v. Self-supplied non-agricultural irrigation (i.e. golf course, country club, athletic field)
vi. Self-supplied mining
vii. Self-supplied thermoelectric power
viii. Self-supplied hydroelectric power
ix. Self-supplied other (specify)______
i. Withdrawal Location
i. Municipality
ii. County
iii. Latitude and Longitude (method used)
j. Use Location
i. Municipalities
ii. County
iii. Latitude and Longitude (method used)(if known)
k. Acres Irrigated (for irrigated uses only)
l. Monthly Withdrawal Amount (MG)
m. Evaporative Loss Amount (MG) (if known)
n. Product Use Amount (MG) (if known)
o. Is water recycled (Y/N)? If yes, what percent is recycled? (if known)
p. Are withdrawals metered (Y/N)?
q. Wastewater Disposal (To the extent available, provide the following information on wastewater disposal.)
i. Type (municipal wastewater treatment plant, package wastewater treatment plant, subsurface discharge system, other)
ii. Facility Identification Code (State Code)
iii. State Permit Number
iv. Facility Name
v. Discharge Location
-- Surface Water Body (wastewater treatment plants only)
-- Municipality
-- County
-- Latitude and Longitude (method used)(if known)vi. Estimated Monthly Discharge Amount (MG)
vii. Is wastewater reclaimed (Y/N)? If yes, what percent is reclaimed? (if known)
r. USGS quadrangle map (1:24K) or other equivalent or higher resolution map identifying withdrawal, use, and discharge locations.
B. Annual Reporting Requirements for Subsequent Years
1. Water Supply Systems Serving the Public. Commencing with reporting year 2001, the owner(s) of each water supply system serving the public and subject to requirements under subsection 2.50.1, subsection 2.50.2, and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data on an annual basis to the designated agency. Changes to any other information required under Section A above, shall also be reported. All information required under Section A above shall be completed for new withdrawals for the first year of operation.
a. Source Data
i. Withdrawal Data. The following data shall be reported for each withdrawal source separately (that is, each well or surface water intake).
-- Year
-- Facility Identification Code (State Code)
-- State Permit Number
-- Facility Name
-- Monthly Withdrawal Amount (MG)ii. Bulk Purchases from Other Suppliers. The following data shall be reported for each bulk purchase separately.
-- Bulk Supplier Name
-- Bulk Supplier's Source Name(s)
-- Monthly Bulk Purchase Amount (MG)
b. Service Area Data. The following data shall be reported separately for each county served.
i. Service Area Name(s)
ii. Total Annual Water Use by Category (MG) (All usage shall be reported according to the following categories.)
-- Residential metered (including apartment complexes)
-- Commercial metered
-- Institutional metered
-- Industrial metered
-- Public metered
-- Bulk Sales
-- Other metered (Specify)
-- Unaccounted for (defined as the amount of water entering the distribution system minus the amount of water delivered through service meters)2
-- Total2. Other Withdrawals. Commencing with reporting year 2001, each person, firm, corporation, or other entity, except water supply systems serving the public, subject to requirements under subsection 2.50.2 and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data on an annual basis to the designated agency. The data shall be reported for each withdrawal source separately (that is, each well or surface water intake). Changes to any other information required under Section A above, shall also be reported. All information required under Section A above shall be completed for new withdrawals for the first year of operation.
a. Year
b. Facility Identification Code (State Code)
c. State Permit Number
d. Facility Name
e. Monthly Withdrawal Amount (MG)
f. Evaporative Loss Amount (MG) (if known)
g. Product Use Amount (MG) (if known)
h. Estimated Monthly Wastewater Discharge Amount (MG)
C. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director is hereby authorized to enter into administrative agreements with the following designated agencies: Delaware Department of Natural Resources and Environmental Control, New Jersey Department of Environmental Protection, New York Department of Health, Pennsylvania Department of Environmental Protection, and other state agencies where appropriate, authorizing such agencies to administer and enforce the provisions of this regulation and to adopt such rules and regulations of procedure as may be necessary to insure proper administration and enforcement of this regulation. In the absence of an administrative agreement, the Commission shall serve as the designated agency. Designated agencies are encouraged to implement and maintain automated data collection and reporting systems to facilitate the efficienttransfer of data to the Delaware River Basin Commission. The administrative agreements shall specify the format for data submission.
PAMELA M. BUSH, Esq.,
SecretaryFiscal Note: Fiscal Note 68-40; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART V. DELAWARE RIVER BASIN COMMISSION
CHAPTER 901. GENERAL PROVISIONS § 901.2. Comprehensive Plan and water quality.
The Comprehensive Plan regulations as set forth in 18 CFR Part 401, Subpart A [(1996)] (2000) and the Water Quality Standards as set forth in 18 CFR Part 410 [(1996)] (2000) are hereby incorporated by reference and made a part of this title.
[Pa.B. Doc. No. 01-348. Filed for public inspection March 2, 2001, 9:00 a.m.] _______
1 Further breakdown of unaccounted for water can be provided. For example, estimated fire hydrant use, other unmetered public uses, and leakage losses.
2 Further breakdown of unaccounted for water can be provided. For example, estimated fire hydrant use, other unmetered public uses, and leakage losses.
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