§ 120.5. Implementation of plans.
(a) Plan.
(1) Each public water supply agency or governing body of a political subdivision is authorized to develop a plan. A plan shall contain provisions to:
(i) Prohibit nonessential water use, if the restrictions do not conflict with Chapter 119 (relating to prohibition of nonessential water uses in a Commonwealth drought emergency area).
(ii) Establish equitable water rationing provisions for residential, nonresidential and other water users together with appropriate implementing procedures.
(iii) Provide for granting of variances or exemptions to the provisions of a plan to address extraordinary hardships which may exist as a result of a plan.
(2) “Guidelines for the Development of a Local Water Rationing Plan” and a “Model Local Water Rationing Plan” may be obtained from the Department. Public water supply agencies may contact the Department’s Bureau of Watershed Management, Post Office Box 8555, Harrisburg, Pennsylvania 17105-8555, (717) 772-4048, for assistance in developing a system-specific plan.
(b) Review and approval by Commonwealth Drought Coordinator. The Commonwealth Drought Coordinator will review local water rationing plans submitted for review and approval in accordance with the following procedures:
(1) The public water supply agency or governing body of the affected political subdivision shall apply in writing to the Commonwealth Drought Coordinator for approval of its plan. The written request for approval shall include the following elements:
(i) A plan as approved by the public water supply agency or governing body of the affected political subdivision.
(ii) A statement describing the existence and severity of the water shortage.
(iii) An express request for approval of the plan by the Commonwealth Drought Coordinator.
(iv) The signature of an authorized representative of the public water supply agency or governing body of the affected political subdivision.
(2) If the plan includes a service area which is not included in a currently effective Governor’s proclamation, the following procedures will be followed:
(i) The Commonwealth Drought Coordinator will determine whether or not the request, together with other available information, establishes the existence of a water shortage emergency that will require the Governor to issue a proclamation declaring a state of local drought or water shortage emergency for the affected area, and will make a recommendation to PEMA.
(ii) If PEMA concurs in the existence of a local water shortage emergency, PEMA will submit to the Governor a proposed proclamation to declare a state of local drought or water shortage emergency for the affected area described in the proclamation.
(iii) After the Governor signs the proclamation, PEMA will notify the Commonwealth Drought Coordinator that the plan may be approved and put into effect.
(3) Any plan that covers emergency service areas already included in a currently effective Governor’s proclamation will go into effect upon its approval by the Commonwealth Drought Coordinator.
(c) Mandatory implementation of plans.
(1) After the Governor has issued a proclamation declaring a state of local drought or water shortage emergency for an area of this Commonwealth, the Commonwealth Drought Coordinator may direct a public water supply agency or governing body of a political subdivision that is located within or has a source of water within the designated drought emergency area to prepare and submit a plan to the Commonwealth Drought Coordinator for review and approval.
(2) The public water supply agency or governing body of a political subdivision shall submit its plan to the Commonwealth Drought Coordinator, in accordance with the procedures described in subsection (b), within 10 calendar days after receiving written notification from the Commonwealth Drought Coordinator that the adoption and implementation of a plan by that public water supply agency or political subdivision is necessary to deal with the circumstances of the drought or water shortage emergency.
(d) Approval of a plan. Upon approval by the Commonwealth Drought Coordinator of a plan submitted under subsection (b) or (c), the Commonwealth Drought Coordinator will:
(1) Require the applicant to issue a notice to at least one newspaper of general circulation in the area covered by the plan, which will advise residential and nonresidential water customers or other persons doing business in the emergency service area of the approval of the plan and its effective date and where the public can review or obtain a copy of the plan.
(2) Transmit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, a written notice which states the approval of the plan by the Commonwealth Drought Coordinator and its effective date.
(3) Require the applicant to post a copy of the plan in at least one public building; for example, a library, or a city, town or municipal building within the emergency service area for the review of the water customers affected by the implementation of the plan.
(4) Require the applicant to make copies of the plan available to the water customers affected by the implementation of the plan, upon request, either electronically or in hard copy.
(e) Constructive notice. The actions described in subsection (d) constitute constructive notice under 45 Pa.C.S. § 904 (relating to constructive notice) to all residential and nonresidential water customers or other persons doing business within the emergency service area for the purpose of enforcing the plan adopted and approved by the Commonwealth Drought Coordinator.
Source The provisions of this § 120.5 adopted May 29, 1981, effective May 30, 1981, 11 Pa.B. 1894; amended July 24, 1991, effective July 30, 1991, 21 Pa.B. 3495; amended July 6, 2001, effective July 7, 2001, 31 Pa.B. 3534. Immediately preceding text appears at serial pages (229908) to (229910).
Cross References This section cited in 4 Pa. Code § 120.4 (relating to responsibility to monitor local water supply and implement water conservation measures); 4 Pa. Code § 120.6 (relating to implementation of further water usage reductions); and 4 Pa. Code § 120.11 (relating to enforcement by political subdivision ordinance).
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