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PA Bulletin, Doc. No. 00-1023

NOTICES

SUSQUEHANNA RIVER BASIN COMMISSION

Compliance Incentive Program for SRBC Regulations

[30 Pa.B. 2976]

A.  Purpose

   The Susquehanna River Basin Commission (SRBC) approved Resolution 2000-03 on April 18, 2000, establishing a ''Compliance Incentive Program'' to encourage existing, unapproved water users to come into compliance with the SRBC's water withdrawal and consumptive water use regulations. During the compliance incentive period, the SRBC will not assess penalties provided that applications are submitted by specified deadlines and the noncompliance has not: 1) adversely affected the environment; or (2) interfered with other water users. Because penalties are being waived, the need for settlements is likewise avoided (including those involving payments for prior consumptive water use). SRBC's objective is to have all water users in the basin compliant with the SRBC's water management regulations. Universal compliance serves to enhance SRBC's ability to properly plan for and manage the basin's water resources.

B.  SRBC's Existing Regulations

   *  18 CFR 803.42--Consumptive Use of Water (This requirement is currently suspended for agriculture)--more than 20,000 gallons per day (gpd) (averaged over 30 consecutive days) from any ground or surface water sources as of January 23, 1971. This regulation does not apply to projects that existed before January 23, 1971, unless they increased their consumptive water use by more than 20,000 gpd after that date. Consumptive use of water is use in a manner that the water does not return to the river basin, for example, evaporation, incorporation into a product, diversion into another river basin.

   *  18 CFR 803.43--Groundwater Withdrawals--more than 100,000 gpd (averaged over 30 consecutive days) as of July 13, 1978. This regulation does not apply to projects that existed before July 13, 1978, unless they increased their groundwater withdrawals by more than 100,000 gpd after that date.

   *  18 CFR 803.44--Surface Water Withdrawals--more than 100,000 gpd (averaged over 30 consecutive days) as of November 11, 1995. This regulation does not apply to projects that existed before November 11, 1995 unless they increased their groundwater withdrawals by more than 100,000 gpd after that date.

C.  Eligible Applicants

   To be eligible, unapproved water users must submit their water withdrawal and/or consumptive use applications by June 30, 2001 (except for previously notified golf courses that are subject to alternate deadlines). During the eligibility period, the SRBC will not assess penalties. As noted, because penalties are being waived, the need for settlements is likewise avoided (including those involving payments for prior consumptive water use).

   The approved method of compliance for consumptive use will be effective January 1, 2001, regardless of when the SRBC acts on the applications. Application fees are not waived during this compliance incentive period.

D.  Where to Obtain Additional Information

   To obtain more information, contact the Susquehanna River Basin Commission, 1721 N. Front Street, Harrisburg, PA 17102-2391, (717) 238-0423, fax: (717) 238-2436, e-mail: srbc@srbc.net. Persons may visit the SRBC's website at http://www.srbc.net where the text of Resolution 2000-03 and SRBC's regulations and application forms are available.

PAUL O. SWARTZ,   
Executive Director

[Pa.B. Doc. No. 00-1023. Filed for public inspection June 9, 2000, 9:00 a.m.]



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