§ 109.603. Source quality and quantity.
(a) Prior to the development of a new source or modification of an existing source, the water supplier shall make reasonable efforts to obtain the highest quality sources available. The supplier shall take reasonable measures to protect the source from existing or foreseeable sources of contamination and causes of diminution.
(b) For all construction permit applications accepted by the Department after October 9, 1995, a water supplier who is developing a community water system well, spring or infiltration gallery that is installed for a new system or as an expansion of an existing system shall:
(1) Own or substantially control through a deed restriction or other methods acceptable to the Department, the Zone I wellhead protection area in order to prohibit activities within Zone I that may have a potential adverse impact on source quality or quantity.
(2) Discontinue the storage, use or disposal of a potential contaminant within the Zone I wellhead protection area unless the chemical or material is used in the production or treatment, or both, of drinking water.
(3) Eliminate the storage of liquid fossil fuel within the Zone I wellhead protection area except for providing auxiliary power to the public water system to ensure the uninterruption of essential services during power failures or as a primary heating source only when the use of natural gas or propane gas is not a viable option.
(4) Construct any new and replacement liquid fossil fuel tanks that are within the Zone I wellhead protection area aboveground within the pump house or an enclosed, locked structure using an impermeable secondary containment structure of greater capacity than the fuel storage tank.
(c) A water supplier developing a community water system well, spring or infiltration gallery that is installed to replace an existing source shall meet the conditions under subsection (b) to the extent feasible. The other requirements of this subchapter shall be met.
(d) A water supplier which, in a consecutive 2-year period, has experienced two or more outages or severe shortages caused by water quantity shortages at the system’s regularly permitted sources, other than those outages or shortages occurring during a drought emergency declared by the Governor under 35 Pa.C.S. § 7301 (relating to general authority of Governor), shall investigate and develop additional sources as may be required to avert these same problems in the future.
Source The provisions of this § 109.603 adopted December 7, 1984, effective December 8, 1984, 14 Pa.B. 4479; amended May 15, 1992, effective May 16, 1992, 22 Pa.B. 2621; amended October 7, 1994, effective October 8, 1994, 24 Pa.B. 5175. Immediately preceding text appears at serial page (170188).
Cross References This section cited in 25 Pa. Code § 109.506 (relating to emergency permits); and 25 Pa. Code § 109.705 (relating to system evaluations and assessments).
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