PROPOSED RULEMAKING
DELAWARE RIVER BASIN COMMISSION
[25 PA. CODE CH. 901]
Proposed Amendments to the Delaware River Basin Commission's Groundwater Protected Area Regulations for Southeastern Pennsylvania
[27 Pa.B. 2753] The Delaware River Basin Commission (Commission) will hold a public hearing to receive comments on proposed amendments to its Groundwater Protected Area Regulations for Southeastern Pennsylvania with respect to the establishment of numerical groundwater withdrawal limits for subbasins in the protected area. The proposed limits, based upon hydrologic budget analyses, would initially be specified for the 14 subbasins in the Neshaminy Creek Basin. Limits for the remaining 52 subbasins within the protected area would be developed upon completion of additional hydrologic budget analyses, scheduled to be completed late in 1997.
Dates
The public hearing will be held on Tuesday, June 24, 1997, beginning at 3 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, New Jersey 08628. The public hearing will be held in the Goddard Conference Room of the Commission's offices at 25 State Police Drive in West Trenton, New Jersey.
For Further Information Contact
Copies of the Commission's Groundwater Protected Area Regulations for Southeastern Pennsylvania may be obtained by contacting Susan M. Weisman, Commission Secretary, at (609) 883-9500 ext. 203.
Supplemental Information Background and Rationale
The Commission's Groundwater 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.
Since then, the groundwater protected area regulations have been implemented and all interference issues have been addressed, with many sources limited to more reliable quantities. In addition, other alternative supplies have been made available in much of the protected area.
While it is clear that groundwater withdrawals have impacted the low flow of perennial streams, it has been difficult to address the impact on streamflow on a project by project basis. With this in mind, the Commission and its Groundwater Advisory Committee evaluated a variety of approaches and determined that additional information was needed. In 1996, the United States Geological Survey completed work on a computer program to more accurately compare water withdrawals and groundwater base flow in the Neshaminy Creek Basin. Over the past year, the Commission's Groundwater Advisory Committee met on several occasions to review the study products and discuss possible management strategies to address the problems identified by the study. Commission staff has presented the study results and options to some 15 county planning entities, State and Federal agencies and watershed, civic and professional organizations. Finally, the Commission held public briefings on the proposed amendments to the regulations on April 8, 1997, in Doylestown, Pennsylvania and on April 10, 1997, in West Chester, Pennsylvania.
The proposed amendments to the Groundwater Protected Area Regulations would establish a two-tiered system of withdrawal limits. The first tier would serve as a warning that a subbasin is ''potentially stressed.'' In potentially stressed subbasins, applicants for new or expanded groundwater withdrawals would be required to implement one or more programs to mitigate adverse impacts of additional groundwater withdrawals. Acceptable programs would include: conjunctive use of groundwater and surface water; expanded water conservation; programs to control groundwater infiltration; and artificial recharge and spray irrigation. The second tier would serve as the maximum withdrawal limit. The Commission would seek to prevent groundwater withdrawals from exceeding the maximum withdrawal limit.
The proposed regulations would 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 would extend the docket or permit duration for up to 10 years.
The proposed regulations would 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 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 proposed withdrawal limits for the 14 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.'' Limited quantities of this report and its accompanying map series entitled ''Maps of Difference Between Groundwater Contributions to Base Flow for the Various Recurrence Intervals and Groundwater Withdrawals in the Neshaminy Creek Basin, Pennsylvania'' were printed and may be reviewed at the Commission's offices at 25 State Police Drive, West Trenton, New Jersey. Contact Judith L. Strong, Commission Librarian at (609) 883-9500 ext. 263 to make an appointment. Review copies are also available at the offices of the Bucks County Planning Commission (215) 345-3400; Bucks County Library Center (215) 348-9082; Montgomery County Planning Commission (Drew Shaw) (610) 278-3733; the Chester County Library (Sue Wilson) (610) 363-0884; and Lehigh Valley Planning Commission (610) 264-4544.
The subject of the hearing will be as follows:
Amendment to the Commission's Groundwater Protected Area Regulations for Southeastern Pennsylvania Relating to the Establishment of Numerical Groundwater Withdrawal Limits for Subbasins in the Protected Area.
It is proposed to:
1. Amend the Groundwater Protected Area Regulations for Southeastern Pennsylvania as follows: Section 6 is hereby modified by the addition of new subsections h. through m., to read as follows:
h. Dockets and protected area permits may be issued for a duration of up to 10 years and shall specify the maximum total withdrawals that must not be exceeded during any consecutive 30-day period. Such maximum total withdrawals shall be based on demands projected to occur during the duration of the docket or protected area permit.
i. Groundwater withdrawal limits shall be defined for subbasins in accordance with the provisions of (1) or (2). The limits for specific subbasins are set forth in (3).
(1) Hydrologic budget analyses shall be conducted for all subbasins in the Southeastern Pennsylvania Groundwater Protected Area. The analyses shall determine the 1-year-in-25 average annual baseflow rate. The 1-year-in-25 average annual baseflow rate shall serve as the maximum withdrawal limit for net annual groundwater withdrawals for subbasins. If net annual groundwater withdrawals exceed 75 percent of this rate for a subbasin, such a subbasin shall be deemed ''potentially stressed.'' The Commission shall maintain a current list of net annual groundwater withdrawals for all subbasins. ''Net'' annual groundwater withdrawals include total groundwater withdrawals less total water returned to the groundwater system of the same subbasin.
(2) Upon application by the appropriate governmental body or bodies, the withdrawal limits criteria set forth in (1) may be revised by the Commission to provide additional protection for any subbasin identified in (3) with streams or stream segments designated by the Commonwealth as either ''high quality'' or ''exceptional value'' or to correspond with more stringent requirements in integrated resource plans adopted and implemented by all municipalities within a subbasin identified in (3). Integrated resource plans shall set forth the hydrologic basis for more stringent withdrawal limits and consider groundwater availability, potential impacts of withdrawals on flow frequency, and existing and future water needs in the subbasin. Integrated resource plans shall be adopted and implemented by all municipalities within a subbasin and incorporated into each municipality's Comprehensive Plan, which is required by the Pennsylvania Municipalities Planning Code.
(3) The potentially stressed levels and withdrawal limits for all delineated basins and subbasins are set forth below:
Neshaminy Creek Basin Subbasin Potentially Withdrawal Stressed Limit (mgy) (mgy) West Branch Neshaminy 1054 1405 Pine Run 589 785 North Branch Neshaminy 845 1126 Main Stem Doylestown 713 950 Main Stem Warwick 927 1236 Little Neshaminy Warrington 505 673 Park Creek 584 779 Little Neshaminy Warminster 1008 1344 Mill Creek 1175 1567 Main Stem Northampton 593 791 Newtown Creek 298 397 Core Creek 497 662 Ironworks Creek 326 434 Main Stem Lower Neshaminy 2876 3835 Subject to public notice and hearing, this section may be updated or revised based upon completion of hydrologic budget analyses for the remaining 52 subbasins within the Protected Area or in accordance with (2).
j. Upon its determination that a subbasin is potentially stressed, the Commission shall notify all groundwater users in the subbasin withdrawing 10,000 gallons per day or more during any 30-day period of its determination. If any such users have not obtained a docket or protected area permit from the Commission, they shall be required to apply to the Commission within 60 days of notification.
k. In potentially stressed subbasins, dockets and protected area permit applications for new or expanded groundwater withdrawals must include one or more programs to mitigate the adverse impacts of the new or expanded groundwater withdrawal. The eligible programs are noted below. If the remainder of the application and the program(s) submitted are acceptable, the withdrawal may be approved by the Commission for an initial 3-year period. The applicant shall implement the program(s) immediately upon Commission approval. If after the 3-year period the program(s) is deemed successful by the Commission, the docket or permit duration may be extended for up to 10 years. The project sponsor shall be required to continue the program(s) for the duration of the docket or permit.
(1) A conjunctive use program that demonstrates the applicant's capability to obtain at least 15 percent of its average annual system usage from a reliable surface water supply. An acceptable program shall include either reservoir storage or an interconnection with a surface water supplier and an agreement or contract to purchase water from the supplier for the duration of the docket or permit.
(2) A water conservation program that exceeds the requirements of Section 7. For existing water utilities, the program shall reduce average annual per capita water usage by at least 5%. All conservation programs shall include water conservation pricing, either inclining block rates, seasonal rates, or excess-use surcharges, and plumbing fixture rebate or retrofit components. For self-supplied users, the program shall include water efficient technologies such as recycling, reuse, xeriscaping, drip or micro irrigation, or other innovative technology approved by the Commission.
(3) A program to monitor and control groundwater infiltration to the receiving sewer system. The program must quantify groundwater infiltration to the system and document reductions in infiltration. The program should include such measures as leakage surveys of sewer mains, metering of sewer flows in mains and interceptors, analysis of sewer system flows to quantify infiltration, and remedial measures such as repair of leaks and joints, main lining and main replacement.
(4) An artificial recharge or spray irrigation program that demonstrates a return of at least 60 percent of the total new or expanded annual withdrawal to the same groundwater basin and aquifer system from which it is withdrawn. The program shall not impair groundwater quality.
l. The durations of all existing dockets and protected area permits may be extended by the Commission for an additional 5 years if the docket or permit holder successfully implements either option (k)(1) or (k)(2). If the docket or permit holder successfully implements both options, the docket or permit may be extended for an additional 10 years. The Executive Director shall notify all docket and permit holders potentially affected by this resolution of their right to file an application to determine their eligibility for extension.
m. It is the policy of the Commission to prevent, to the extent reasonably possible, net annual groundwater withdrawals from exceeding the maximum withdrawal limit. An application for a proposed new or expanded groundwater withdrawal that would result in net annual groundwater withdrawals exceeding the maximum withdrawal limit established in paragraph (i)(3) shall set forth the applicant's proposal for complying with the Commission's policy, with such supporting documentation as may be required by the Executive Director. Notification of the application shall be given to all affected existing water users who may also submit comments or recommendations for consideration by the Commission on the pending application. In taking action upon the application, the Commission shall give consideration to the submissions from the applicant and affected water users. If the Commission determines that it is in the public interest to do so, it may reduce the total of proposed and existing groundwater withdrawals within a subbasin to a level at or below the withdrawal limit. Unless otherwise determined by the Commission, docket and permit holders shall share equitably in such reductions.
2. This regulation shall be effective immediately. Delaware River Basin Compact, 75 Stat. 688.
SUSAN M. WEISMAN,
SecretaryFiscal Note: 68-34. 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 [1985] 1997 are hereby incorporated by reference and made part of this title.
[Pa.B. Doc. No. 97-906. Filed for public inspection June 6, 1997, 9:00 a.m.]
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