reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 7 - Agricultural Advisory Board › Section 704 - Review of regulations and other documents

§ 704. Review of regulations and other documents.
(a) Notice to board.--
The department shall notify and provide the board with any regulatory proposal or proposed general permit which would regulate agriculture or any proposed technical guidance that would affect agriculture.
(b) Meeting and consultation with board.--
(Deleted by amendment).
(b.1) Board review.--
The department may not publish any proposed regulation or proposed general permit that regulates agriculture or proposed technical guidance that affects agriculture prior to:
(1) consultation with the board in the formulation of the proposed regulation, proposed general permit or proposed technical guidance, as reflected in the minutes or by written comments of the board; or
(2) sixty days from the date when the proposed regulation, proposed general permit or proposed technical guidance was provided under subsection (a), unless the board sooner decides by majority vote that no consultation under paragraph (1) is required.
(c) Inclusion of comments with proposed rulemaking.--
The department shall include any written comments of the board, received prior to the department's submission of a proposed rulemaking package to the Environmental Quality Board, as part of its submission to the Environmental Quality Board.
(d) Exceptions.--
The requirements of this section shall not apply to regulations with mandatory statutory deadlines, to regulations required to be adopted by court order, to emergency regulations, to final regulations adopted pursuant to section 204 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, or where interim regulations are otherwise authorized by statute. The department shall advise the board as soon as possible of the development of regulations identified in this subsection which would regulate agriculture.
(Oct. 24, 2018, P.L.1179, No.162, eff. 60 days)
2018 Amendment.
Act 162 amended the section heading and subsec. (a), added subsec. (b.1) and deleted subsec. (b). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire.
Cross References.
Section 704 is referred to in section 703 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3103 - Intergovernmental cooperation and coordination

§ 3103. Intergovernmental cooperation and coordination.
The Statewide committee, the regional committees and the department shall cooperate and coordinate with appropriate Compact Basin Commissions and Federal, interstate, State and political subdivisions, municipalities, public water supply agencies and other agencies for efficient planning for the maintenance and enhancement of the water resources of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3104 - Administrative agreements with other agencies

§ 3104. Administrative agreements with other agencies.
In consultation with the Statewide committee, the department shall, to the extent practicable, enter into administrative agreements with appropriate Compact Basin Commissions and Federal, State, interstate, municipal and other agencies for the following purposes:
(1) To avoid unnecessary duplication of staff functions and facilitate coordinated review of projects and actions within the jurisdiction of such agencies.
(2) To provide a coordinated system for registration of significant water uses and the coordinated collection and maintenance of data regarding water resources.
(3) To provide for coordinated inspection, monitoring and enforcement of applicable statutes and regulations, provided that nothing in this section shall be deemed to confer enforcement authority on the Statewide committee.
(4) To accept delegations of authority from or obtain the services and assistance of a Compact Basin Commission or Federal or interstate agency concerning planning for the maintenance and enhancement of water resources. Nothing in this paragraph shall be construed to authorize a delegation to the Statewide committee or the department of any power to regulate, control or require permits for the withdrawal or use of water.
(5) To ensure coordinated and effective responses to water resources emergencies in conjunction with the Pennsylvania Emergency Management Agency and the Compact Basin Commissions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3111 - State water plan

§ 3111. State water plan.
(a) Preparation and adoption.--
In accordance with this chapter and with ongoing consultation with the Statewide committee and the department, each regional committee shall guide the development of and recommend to the Statewide committee a regional plan component for review, approval and incorporation into the State water plan. The Statewide committee shall guide the development of, approve and recommend to the secretary approval and adoption of the State water plan. The department shall draft and develop the State water plan, including regional plan components. The State water plan shall be completed and adopted within five years of the effective date of this chapter.
(b) Matters considered.--
The State water plan shall reflect the matters set forth in section 3112 (relating to plan contents). The level of detail within the State water plan and each regional plan may vary among watersheds and other hydrologic units. In consultation with the regional committee and the Statewide committee, the department shall establish with the approval of the Statewide committee priorities and guidelines for the level of detail appropriate for different areas, considering among other factors the current or projected future water demands in comparison to the safe yield of available water resources in the area.
(c) Limitation of authority.--
Nothing contained in this chapter shall be construed to authorize, expand or diminish the existing authority of the department, including the Environmental Quality Board, to regulate, control or require permits for the withdrawal or use of water.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3116 - Use of plan

§ 3116. Use of plan.
(a) General use of plan.
--The State water plan is intended to serve as a policy and guidance document, providing information, objectives, priorities and recommendations to be considered and weighed in a broad range of State, local and private decisions. The State water plan is not intended to constitute or contain legally binding regulations, prohibitions or prescriptions.
(b) Specific uses of plan.
--Among other uses, it is intended that the State water plan will be used to:
(1) Identify and prioritize water resource and water supply development projects to be carried out by private organizations or government agencies.
(2) Provide information to public and private decision makers regarding water availability to help guide efficient investment and economic development.
(3) Identify opportunities for improving operation of this Commonwealth's existing water resources infrastructure.
(4) Guide the development and implementation of policies and programs by State agencies that will reduce the risk of flooding, water shortages from drought and conflicts between water users or uses.
(5) Guide policies on activities that directly and significantly affect the quantity and quality of water available with the objective of balancing and encouraging multiple uses of water resources.
(6) Educate public officials and the public at large regarding the sources and uses of water in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3117 - Statewide data system

§ 3117. Statewide data system.
(a) General rule.
--In cooperation with the Compact Basin Commissions and Federal, State and regional agencies with responsibilities relating to water resources management, the department shall establish and maintain a Statewide system to gather, process and distribute information on the availability, distribution, quality and use of water resources of this Commonwealth.
(b) Other commissions and agencies.
--The department shall invite interested Compact Basin Commissions and Federal, State and regional agencies with responsibilities relating to water resources management to join the Statewide data system and shall cooperate with any such agency choosing to join the system.
(c) Fee.
--Information gathered in the Statewide data system, subject to protection provided to confidential business information under section 3119 (relating to confidential information), shall be made available to any person on payment of a reasonable fee, as established by the department with the advice of the Statewide committee, to cover the expenses of making such information available to that person.
Cross References.
Section 3117 is referred to in section 3131 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3119 - Confidential information

§ 3119. Confidential information.
(a) General rule.--
Except as provided in subsection (b), information required to be submitted to the department under this chapter shall be subject to the provisions of the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law.
(b) Exception.--
The department, the Statewide committee and any regional committee shall not disclose confidential information required to be submitted to the department under this chapter unless:
(1) the confidential information is contained in a report in which the identity of the submitting person has been removed and the confidential information is aggregated by hydrologic unit or region; or
(2) the confidential information is disclosed to employees, contractors, agents or authorized representatives of the department, including the State and regional planning committees for the purposes of this chapter.
(c) Confidential information submitted.--
If a person submits confidential information under this chapter, the person must identify the information that is confidential information and provide a justification for its confidential nature. The department, Statewide committee or regional committees shall hold the confidential information in a file separate from the general records relating to the person.
References in Text.
The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in subsec. (a), was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
Cross References.
Section 3119 is referred to in sections 3117, 3118, 3131 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3120 - Water conservation

§ 3120. Water conservation.
(a) Technical assistance center.
--The department shall establish and maintain a water resources technical assistance center to promote voluntary water conservation and to provide technical assistance on water resources uses issues, including methods for efficient water use, including reduction of unaccounted-for water loss and the replenishment and conservation of water resources. The center shall:
(1) Establish a voluntary Statewide water conservation program for all water users.
(2) Establish guidelines for the development of voluntary water use reduction plans in critical water planning areas.
(3) Establish voluntary water use reduction goals for all water users.
(4) Identify water conservation principles, practices and technology to assist all water users in conserving water.
(5) Develop a water conservation educational program for households, industry and other water users.
(6) Establish a Governor's Water Conservation Award to recognize outstanding conservation of water.
(7) Develop a program to promote voluntary reduction of unaccounted for water loss.
(8) Identify principles, practices and technologies to encourage groundwater recharge.
(b) Grant approval.
--When approving funding pursuant to the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act, the Pennsylvania Infrastructure Investment Authority shall give special consideration to funding projects that:
(1) address unaccounted-for water loss or that implement water conservation practices by a public water supply agency whose unaccounted-for water loss rate exceeds 20%, provided that, as a condition for such assistance, the applicant shall agree to attempt to recover the true cost of service from ratepayers and adopt and implement a water system management program that conforms to minimum standards established by the department, the Pennsylvania Public Utility Commission or any Compact Basin Commission for water metering, meter testing and replacement, leak detection, unaccounted-for water tracking and reporting and conservation education; or
(2) provide for interconnection between water systems to improve reliability.
Cross References.
Section 3120 is referred to in section 3121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3121 - Grants

§ 3121. Grants.
(a) Authorization.
--The department is authorized to provide grants for the following purposes:
(1) Reimbursement of up to 75% of the cost of preparing a voluntary water use reduction plan under section 3120(a)(2)
(relating to water conservation).
(2) Water resources education, technical assistance and water conservation, including the promotion of voluntary reduction of unaccounted-for water loss, under section 3120(a).
(b) Funding.
--Grants shall be made from funds available for this purpose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3131 - Administration

§ 3131. Administration.
(a) Use of funds.
--The department shall use fees collected from the use of the Statewide data system to defray the reasonable costs of administering sections 3117 (relating to Statewide data system) and 3118 (relating to water use registration and reporting).
(b) Public records and confidentiality of information.
-- Except as provided in section 3119 (relating to confidential information) or in another statute, reports and other information obtained by the Statewide committee, a regional committee or the department under this chapter shall be a matter of public record and shall be available for inspection and review at the offices of the department, the Statewide committee or the appropriate regional committee.
(c) Investigations and inspections.
--To determine compliance with this chapter, the department is authorized, during reasonable hours and upon reasonable notice, to make such reasonable inspections, conduct such reasonable tests or sampling or examine books, papers and records related specifically to any withdrawal under investigation pursuant to section 3118 (relating to water use registration and reporting) as it deems necessary.
(d) Water Resources Fund.
--Fines and penalties collected under this chapter shall be paid into the State Treasury in a special fund known as the Water Resources Fund. This fund shall be administered by the department to carry out the purposes of this chapter.
(e) Use of other funds.
--Money in the Clean Water Fund established by the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, may be used by the department for purposes of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3132 - Public nuisance

§ 3132. Public nuisance.
(a) General rule.
--A violation of this chapter or an order or regulation under this chapter shall constitute a public nuisance.
(b) Applicability of other law.
--Nothing in this chapter shall be construed as affecting the application of 18 Pa.C.S. § 5101 (relating to obstructing administration of law or other governmental function).
Cross References.
Section 3132 is referred to in section 3134 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3133 - Enforcement orders

§ 3133. Enforcement orders.
(a) Issuance.
--The department may issue orders necessary to aid in the enforcement of this chapter. An order may be issued if the department finds that a person is in violation of this chapter or of a regulation issued under this chapter. The department may, in its order, require compliance with terms and conditions necessary to effect the purposes of this chapter.
(b) Effective date.
--An order issued under this section shall take effect upon notice unless the order specifies otherwise.
(c) Other remedies preserved.
--The right of the department to issue an order under this section is in addition to any penalty which may be imposed or any other action taken under this chapter.
(d) Duty to comply.
--It shall be the duty of any person to proceed diligently to comply with any order issued by the department under this section. If such person fails to proceed diligently or fails to comply with the order within such time, if any, which may be specified in the order, the person shall be guilty of contempt and shall be punished by the court in an appropriate manner. For this purpose, application may be made by the department to the Commonwealth Court, which court is hereby granted jurisdiction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3134 - Civil remedies

§ 3134. Civil remedies.
(a) Abatement of nuisances.
--An activity or condition declared to be a public nuisance under section 3132 (relating to public nuisance) shall be restrained or prevented in the manner provided by law or equity for abatement of public nuisances, and the reasonable expense thereof may be recovered from the violator.
(b) Civil remedies.
--The department may bring an action in any court of competent jurisdiction to restrain and abate the violation of this chapter or any regulation issued under this chapter. Any other provision of law to the contrary notwithstanding, the courts of common pleas and Commonwealth Court shall have jurisdiction of such actions, and venue in such actions shall be set forth in the Pennsylvania Rules of Civil Procedure concerning actions in assumpsit.
(c) Civil penalties.
--In addition to proceeding under any other remedy available under this chapter for the violation of any provision of this chapter or any regulation or order issued under this chapter, the department may assess a civil penalty upon a person for such violation. The maximum civil penalty that may be assessed is $1,000 per day for each violation. Each violation of any provision of this chapter and each violation for each separate day shall constitute a separate and distinct offense. The civil penalty may be assessed whether or not the violation was willful or negligent. In determining the amount of a civil penalty, the department shall consider the degree of willfulness and duration of the violation, savings resulting to the person as the result of the violation, the damage to water resources of this Commonwealth resulting from the violation and other relevant factors. When the department proposes to assess a civil penalty, it shall inform the person of the proposed amount of such penalty. The person charged with the civil penalty shall then have 30 days to pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, the person shall within the 30-day period file an appeal of the action with the Environmental Hearing Board. Failure to appeal within the 30-day period shall result in a waiver of all legal rights to contest the violation and the amount of the civil penalty.
(d) Remedies to be concurrent.
--The remedies prescribed in this chapter shall be deemed concurrent, and the existence or exercise of any remedy shall not prevent the department from exercising any other remedy under this chapter, at law or in equity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3135 - Preservation of rights and remedies

§ 3135. Preservation of rights and remedies.
(a) Other remedies.
--The collection of a penalty under this chapter shall not be construed as estopping the Commonwealth, a municipality or an authorized agency from proceeding in courts of law or equity to abate public nuisances under existing law.
(b) Remedies additional and cumulative.
--It is declared to be the purpose of this section to provide additional and cumulative remedies to protect the public interest in the water resources of this Commonwealth.
(c) Pending suits.
--This chapter does not apply to suits instituted prior to its effective date.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 31 - Water Resources Planning › Section 3136 - Relation to other laws

§ 3136. Relation to other laws.
(a) Limitations upon department.
--Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department, including the Environmental Quality Board, to regulate, control or require permits for the withdrawal or use of water. Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law. Further, nothing set forth in this chapter, any regulations adopted under this chapter or in the State water plan shall authorize the department to take any action to:
(1) Modify or impair any permits, agreements or other approvals issued under other State statutes or vested rights related to water withdrawals or uses.
(2) Interfere with or impose additional conditions upon the use or operation of any existing reservoir or water storage facility.
(3) Regulate or impose any conditions upon any activity or use not currently authorized under applicable State statutes and regulations.
(b) Limitations on water allocation authority.
--The General Assembly reiterates the declarations of other statutes reflecting the need to manage water resources on a watershed basis without respect to political boundaries and the understanding that water management programs should be based upon an accurate and current State water plan. Accordingly, no political subdivision shall have any power to allocate water resources or to regulate the location, amount, timing, terms or conditions of any water withdrawal by any person.
(c) Limitations on municipalities.
--Nothing in subsection (b) shall affect the power of any municipality to adopt and enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to emergency management services) or regulate the use of land pursuant to the Pennsylvania Municipalities Planning Code or other laws. Further, each municipality shall retain and may exercise such authority as conferred by other statutes to adopt ordinances and regulations concerning:
(1) mandatory connection to and use of available public water supplies; and
(2) the prohibition or regulation of withdrawals from particular sources of water that may be contaminated in order to protect public health and safety from exposure to the contamination or avoid the induced migration of the contamination.
(d) Limitations relating to compacts.
--Nothing in this chapter shall be construed to supersede or abrogate any provisions of the act of July 7, 1961 (P.L.518, No.268), known as the Delaware River Basin Compact, or the act of July 17, 1968 (P.L.368, No.181), referred to as the Susquehanna River Basin Compact Law, and this chapter shall be construed in pari materia with such compacts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4102 - Definitions

§ 4102. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Accreditation."
A determination by the Department of Environmental Protection that an environmental laboratory is capable of performing one or more classes of testing or analysis of environmental samples in accordance with this chapter.
"Certificate of accreditation."
A document issued by the Department of Environmental Protection certifying that an environmental laboratory has met standards for accreditation.
"Department."
The Department of Environmental Protection of the Commonwealth.
"Environmental Hearing Board."
The board established under the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act.
"Environmental laboratory."
A facility engaged in the testing or analysis of environmental samples.
"Environmental Quality Board."
The board established under section 1920-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
"Environmental sample."
A solid, liquid, gas or other specimen taken for the purpose of testing or analysis as required by an environmental statute.
"Environmental statute."
A statute administered by the Department of Environmental Protection relating to the protection of the environment or of public health, safety and welfare.
"Laboratory supervisor."
A technical supervisor of an environmental laboratory who supervises laboratory procedures and reporting of analytical data.
"NELAC."
The National Environmental Laboratory Accreditation Conference.
"NELAP."
The National Environmental Laboratory Accreditation Program.
"Secretary."
The Secretary of Environmental Protection of the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4103 - Establishment of program

§ 4103. Establishment of program.
(a) Establishment.
--The department shall establish an accreditation program for environmental laboratories.
(b) Accreditation.
--An environmental laboratory must be accredited under this chapter and be in compliance with all the provisions of this chapter in order to generate data or perform analyses to be used to comply with an environmental statute.
(c) Testing and analysis.
--All testing and analysis requirements of an environmental statute shall be performed by an environmental laboratory accredited under this chapter. Testing and analysis shall be performed in accordance with the requirements of this chapter, the environmental statutes and any conditions imposed by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4104 - Powers and duties

§ 4104. Powers and duties.
The department shall have the following powers and duties:
(1) Establish, administer and enforce an environmental laboratory accreditation program which shall include accreditation standards necessary for a State certification program. The program shall also include a NELAP accreditation program for those laboratories seeking this certification. The program may also include any other specific broad-based Federal or State accreditation program for certification.
(2) Issue, renew, deny, revoke, suspend or modify certificates of accreditation to environmental laboratories in accordance with regulations adopted by the Environmental Quality Board.
(3) Impose terms or conditions on accreditation as necessary to implement and enforce this chapter.
(4) Conduct inspections and tests or samplings, including the examination and copying of records and data pertinent to a matter under investigation. Duly authorized agents and employees of the department may at reasonable times enter and examine property, facilities, operations and activities subject to regulation under this chapter.
(5) Issue orders and initiate proceedings as necessary to implement and enforce this chapter.
(6) Require a fee for the processing of an application for a certificate of accreditation, including the issuance, renewal, modification or other action relating to the certificate, in an amount sufficient to pay the department's cost of implementing and administering the accreditation program.
(7) Provide technical assistance and advice to persons and environmental laboratories subject to this chapter.
(8) Contract with third parties to inspect and monitor environmental laboratories.
(9) Cooperate with appropriate Federal, State, interstate and local government units and private organizations to implement this chapter.
(10) Allow the use of experimental procedures on a case- by-case basis to satisfy the testing or analysis requirements established under an environmental statute.
(11) Seek approval as an accrediting authority from NELAP.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4105 - Powers and duties of Environmental Quality Board

§ 4105. Powers and duties of Environmental Quality Board.
(a) General rule.
--The Environmental Quality Board shall adopt regulations as necessary to implement this chapter, to include the establishment of:
(1) Testing or analysis to be conducted by an environmental laboratory.
(2) Allowable fees for environmental laboratories.
(3) Requirements for education, training and experience of laboratory supervisors.
(4) Criteria and procedures to be used by the department to accredit environmental laboratories, which may include proficiency test samples and onsite audits.
(b) Accreditation.
--An environmental laboratory shall be accredited pursuant to this chapter and in compliance with the provisions of this chapter in order to generate the data and perform analysis to be used to comply with an environmental statute.
(c) General certificate program.
--The Environmental Quality Board may adopt regulations that establish a general certificate of accreditation program or certificates of accreditation by rule.
(d) Unique needs.
--To the extent possible, the Environmental Quality Board shall establish requirements and procedures that address the unique needs of small businesses, municipalities, municipal authorities and in-house laboratories.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4106 - Requirements of certificate of accreditation

§ 4106. Requirements of certificate of accreditation.
(a) Forms.
--Applications, certificates and other documents shall be in a form prescribed by the department.
(b) General requirements.
--An environmental laboratory shall have the staff, management structure, equipment, quality assurance and quality control procedures and recordkeeping procedures necessary to ensure that the environmental laboratory generates valid and accurate test results in accordance with all conditions of accreditation and this chapter.
(c) Laboratory supervisor.
--Testing, analysis and reporting of data by an accredited laboratory shall be under the direct supervision of a laboratory supervisor. The laboratory supervisor shall certify that each test or analysis is accurate and valid and that the test or analysis was performed in accordance with all conditions of accreditation. The department may disqualify a laboratory supervisor who is responsible for the submission of inaccurate test or analysis results.
(d) Access to records and data.
--An accredited laboratory shall provide the department with access to inspect records and data maintained under this chapter and to conduct tests and sampling related to inspections.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4107 - Interim requirements

§ 4107. Interim requirements.
(a) Registration.
--All environmental laboratories shall register with the department by October 2, 2002, on a registration form prepared by the department. An environmental laboratory which begins testing or analysis of environmental samples after this date shall register with the department before beginning operations.
(b) Time for application.
--All environmental laboratories shall apply for accreditation within six months after the Environmental Quality Board establishes an accreditation requirement by regulation for a type of laboratory. The submission of an application shall provide interim authorization to continue operations until the department takes final action on the application.
(c) NELAP accreditation.
--An environmental laboratory may apply to the department for NELAP accreditation after the department is approved as an accrediting authority by NELAP. The department may grant NELAP accreditation to a laboratory that meets the requirements of this chapter and the most current version of the NELAC standards that are hereby incorporated by reference.
(d) Temporary fees.
--Until regulations are promulgated under this chapter, the following fees shall be charged:
(1) Five thousand dollars for the processing of an application for NELAP accreditation.
(2) Fifty dollars for the processing of an application for registration.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4108 - Advisory committee

§ 4108. Advisory committee.
The secretary shall appoint a Laboratory Accreditation Advisory Committee to provide technical assistance under this chapter. The committee shall consist of 11 members, including the following:
(1) One representative of a municipal authority.
(2) One representative from a commercial environmental laboratory.
(3) One representative from an industrial environmental laboratory.
(4) One representative from an academic laboratory.
(5) One representative from a small environmental laboratory.
(6) One environmental engineer.
(7) One member of an association of community water supply systems.
(8) One member of an association of wastewater systems.
(9) One member with technical expertise in the testing and analysis of environmental samples.
(10) Two members of the general public.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4109 - Unlawful conduct

§ 4109. Unlawful conduct.
(a) General rule.
--It shall be unlawful for a person to violate or to cause or assist in the violation of this chapter, to fail to comply with an order or condition of accreditation within the time specified by the department or to hinder, obstruct, prevent or interfere with the department in the performance of its duties under this chapter.
(b) Refusal of accreditation.
--The department may refuse to issue a certificate of accreditation to an environmental laboratory which has demonstrated a lack of intention or ability to comply with this chapter or engaged in unlawful conduct or which has an employee, officer, contractor, agent or other person set forth in regulation who has engaged in unlawful activity under this chapter unless the applicant demonstrates to the satisfaction of the department that the unlawful conduct is being or has been corrected.
(c) Denial of access.
--It shall be unlawful for an accredited laboratory or other person subject to regulation under this chapter to deny the department access to make inspections and conduct tests or sampling, including the examination and copying of books, papers, records and data pertinent to any matter under investigation pursuant to this chapter. Failure to provide the department with access shall result in the immediate suspension of any accreditation of the laboratory. Upon notice from the department, the laboratory shall immediately cease testing or analysis of environmental samples. The department may revoke an accreditation for failure to provide the department with access to make inspections and conduct tests or sampling, including the examination and copying of books, papers, records and data pertinent to any matter under investigation pursuant to this chapter.
(d) Notice.
--The environmental laboratory shall notify each of its customers in writing within 72 hours of receipt of the department's notice if the department suspends or revokes in whole or in part a certificate of accreditation. The notice shall be on a form and in a manner approved by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4112 - Whistleblower protection

§ 4112. Whistleblower protection.
An employee of an environmental laboratory covered by this chapter shall be deemed to be an employee under the act of December 12, 1986 (P.L.1559, No.169), known as the Whistleblower Law, in regard to good faith reports of potential violations of this chapter. Environmental laboratories covered by this chapter shall be deemed to be an employer under the Whistleblower Law in regard to good faith reports of potential violations of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 41 - Environmental Laboratory Accreditation › Section 4113 - Continuation of existing rules and regulations

§ 4113. Continuation of existing rules and regulations.
All existing rules and regulations promulgated pursuant to any environmental statute remain in full force and effect until superseded and repealed by the rules and regulations promulgated pursuant to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Extra - Chapter Notes

Enactment.
Chapter 61 was added December 15, 1999, P.L.949, No.68, effective December 31, 1999.
Cross References.
Chapter 61 is referred to in section 6302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6101 - Short title of chapter

transfer.
6119. Reporting.
Enactment.
Chapter 61 was added December 15, 1999, P.L.949, No.68, effective December 31, 1999.
Cross References.
Chapter 61 is referred to in section 6302 of this title.
§ 6101. Short title of chapter.
This chapter shall be known and may be cited as the Environmental Stewardship and Watershed Protection Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6102 - Legislative findings

§ 6102. Legislative findings.
The General Assembly hereby determines, declares and finds as follows:
(1) Ninety-six percent of the water-quality-impaired watersheds in this Commonwealth are polluted because of nonpoint sources of pollution such as past mining activities, urban and agricultural runoff, atmospheric deposition, on-lot sewage systems and earthmoving.
(2) The Commonwealth continues to have unmet needs in the area of water and sewer infrastructure. New and improved water sources, treatment and distribution systems are necessary for public drinking water supplies.
(3) The Commonwealth owns approximately 2.4 million acres of State park and State forest lands and many of these lands suffer from past environmental problems, including unreclaimed mines, acid mine drainage and abandoned oil and gas wells.
(4) Open space, greenways, recreational trails, river corridors, fish and wildlife habitats, parks and recreation areas and scenic environments protect the environment, conserve natural resources and add value to communities.
(5) State programs and State funding should provide maximum flexibility for elected county and municipal governmental officials to identify, prioritize and address local environmental concerns, including odor abatement problems at sewage treatment plants.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6106 - Property and equipment restrictions

§ 6106. Property and equipment restrictions.
(a) Prohibition.
--Recipients of grants under this chapter may not dispose of or convert property or equipment acquired with a grant for purposes other than the purposes approved in the project application without the prior written approval of the agency awarding the grant.
(b) Remedy.
--If a violation of subsection (a) occurs, the agency may:
(1) Require the recipient to refund all grants related to the project, including 10% annual interest compounded four times annually, from the date the original grant was received until the grant is repaid.
(2) Require acquisition by the recipient of equivalent replacement property, as determined by the agency.
(3) Take possession of the property or equipment funded by the agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6109 - Sewage construction payments to municipalities

§ 6109. Sewage construction payments to municipalities.
(a) Certain payments permitted.
--A county or other municipality, municipal authority or school district receiving payments on the effective date of this chapter pursuant to the act of August 20, 1953 (P.L.1217, No.339), entitled "An act providing for payments by the Commonwealth to municipalities which have expended money to acquire and construct sewage treatment plants in accordance with the Clean Streams Program and the act, approved the twenty-second day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 1987), and making an appropriation," shall continue to receive all outstanding payments being funded under that act for the acquisition or construction of sewage treatment plants from the Commonwealth from funds appropriated for this purpose provided that the sewage treatment plant operations implement odor abatement programs as necessary.
(b) Equipment and plants.
--Payments under this section for equipment and plants shall be discontinued upon the replacement, abandonment or removal from service of the equipment and plants.
(c) Certain payment prohibited.
--No municipality, municipal authority or school district which is not presently receiving payments under the act of August 20, 1953 (P.L.1217, No.339), entitled "An act providing for payments by the Commonwealth to municipalities which have expended money to acquire and construct sewage treatment plants in accordance with the Clean Streams Program and the act, approved the twenty-second day of June, one thousand nine hundred thirty-seven (Pamphlet Laws 1987), and making an appropriation," may apply for or receive payments under that act. No new or additional costs of equipment or acquisition of sewage treatment plants for which construction has not commenced prior to the effective date of this chapter may be included in a request for payment by a municipality, municipal authority or school district. For purposes of this section, construction shall be deemed to have commenced when:
(1) the applicant has applied for or received a permit under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, for construction or modification of the sewage treatment plant;
(2) the applicant has applied for or received construction financing or has dedicated capital funds for an identified project before January 1, 2000, and the appropriate construction permit under The Clean Streams Law has been applied for or received before January 1, 2001; or
(3) if a construction permit under The Clean Streams Law is not required, a signed contract or purchase order for an eligible acquisition or construction expense has been validly executed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6110 - Environmental infrastructure grants to water and wastewater treatment facilities (Deleted by amendment)

§ 6110. Environmental infrastructure grants to water and
wastewater treatment facilities (Deleted by
amendment).
2005 Amendment.
Section 6110 was deleted by amendment July 13, 2005, P.L.213, No.45, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6111 - Protection of Recycling Fund

§ 6111. Protection of Recycling Fund.
(a) Market development funding.
--The Department of Environmental Protection, on an annual basis, shall provide sufficient moneys for market development from the Recycling Fund to promote the long-term sustainability of recycling and to promote the continued growth of the recycling rate. For purposes of this subsection, "market development" shall mean a set of government policies and programs that promote the removal of marketplace barriers to recycling and that promote a productive end use for recyclables collected from residents and businesses.
(b) Review of expenditures.
--Prior to submitting its annual Recycling Fund spending plan to the General Assembly, the Department of Environmental Protection shall submit details of its proposed expenditures under the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, including additional expenditures for market development, for review and comment to the Recycling Fund Advisory Committee. At the same time, the department shall submit details of its actual expenditures under the Municipal Waste Planning, Recycling and Waste Reduction Act for the prior fiscal year, including actual expenditures for market development, for review and comment to the committee. The Department of Environmental Protection shall provide aggregate information on the program, including the total amount of funding applied for, the total amount of funding provided, the percentage of applications approved and the percentage of applications fully funded. The information on actual expenditures provided to the committee shall include a complete list of recipients funded by the Department of Environmental Protection pursuant to sections 901 and 902 of the Municipal Waste Planning, Recycling and Waste Reduction Act in the prior fiscal year. The list shall include:
(1) The name of the recipient.
(2) The amount of funding requested.
(3) The amount of funding provided by the Department of Environmental Protection.
(c) Minimum level of funding.
--For a period of five years from the effective date of this chapter, moneys expended for programs authorized in the Municipal Waste Planning, Recycling and Waste Reduction Act shall not fall below levels expended in fiscal year 1999-2000.
(d) Information to applicant.
--When the Department of Environmental Protection denies an application for a grant or approves an application for less than the amount requested by the applicant, the department shall provide the applicant with a written statement indicating the reason for the denial or reduction in funding amount.