Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 119 - PROHIBITION OF NONESSENTIAL WATER USES IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 119.6 - Procedure for exemptions or variance from the prohibition of the nonessential uses of water

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				compliance with the prohibition of nonessential use of water would result in
				extraordinary hardship upon a water user, the water user may apply for an
				exemption or variance, which would expire with the termination of the drought
				emergency proclamantion, unless otherwise specified in the exemption or
				variance.
(b) If a public water
				supply agency can demonstrate that compliance with the prohibition of
				nonessential use of water is unnecessary due to adequate water supply and it is
				following a drought contingency plan approved by the Commonwealth Drought
				Coordinator in accordance with §
									118.4 (relating to contingency
				plans-public water supply agencies), the public water supply agency may apply
				for an exemption throughout all or portions of its service area. In reviewing
				the applications, the Commonwealth Drought Coordinator shall give primary
				consideration to any impacts that approval of the application may have on the
				overall resources of the watershed or river basin and on the ability of law
				enforcement agencies locally or throughout the designated drought emergency
				area to enforce these or other emergency regulations. This consideration alone
				maybe cause for denial.
(c) For
				purposes of this section, extraordinary hardship means a permanent damage to
				property, including perishable raw or processed product, or other personal or
				economic loss which is substantially more severe than the sacrifices borne by
				other water users subject to the prohibition of nonessential use of
				water.
(d) A water user or public
				water supply agency may apply for an exemption or variance under the following
				procedures:
(1) The water user or public water
				supply agency shall submit a written application with full documentation
				supporting the need for the requested relief to:
Commonwealth Drought Coordinator c/o Department of
				  Environmental Protection Post Office Box 8555 Harrisburg, Pennsylvania
				  17105-8555
(2) The
				application from a water user shall contain information specifying:
(i) The nature of the hardship claimed and
				the reason for the requested exemption or variance.
(ii) The efforts taken by the water user to
				conserve water and the extent to which water use may be reduced by the
				applicant without extraordinary hardship.
(3) The application from a public water
				supply agency shall contain information specifying:
(i) The nature of the hardship claimed and
				the reason for the requested exemption or variance.
(ii) The adequacy of the supply.
(iii) Evidence of compliance with an approved
				drought contingency plan.
(4) The Commonwealth Drought Coordinator or a
				designee will review the application in consultation with other appropriate
				Commonwealth agencies, and may request the applicant to provide within a
				reasonable time additional information as necessary to review the
				application.
(5) The Commonwealth
				Drought Coordinator, or a designee, is authorized to render a decision
				regarding applications received for exemption or variance. The Commonwealth
				Drought Coordinator or a designee will provide the applicant notice in writing
				of the decision and the reasons for the decision. When possible, the
				Commonwealth Drought Coordinator or a designee will provide a written decision
				within 7 working days, or if perishable products are involved, within 1 working
				day, of submission of an application or will request additional information as
				necessary to review the application. When appropriate, the Commonwealth Drought
				Coordinator may issue a Statewide exemption or variance to similarly situated
				water users. A notice of the decision will be published in the
Pennsylvania Bulletin.
Unless appealed under this section, the
				decision of the Commonwealth Drought Coordinator or a designee shall be
				considered a final action on the application.
(6) A person aggrieved by a decision of the
				Commonwealth Drought Coordinator or a designee may, within 30 days of written
				notice of the decision or publication of notice of the decision in the
Pennsylvania Bulletin
, appeal the decision to PEMA.
(7) An appeal from an initial decision of the
				Commonwealth Drought Coordinator or a designee will not act as an automatic
				supersedeas, but, upon cause shown and when the circumstances require it, PEMA
				will have the power to grant a supersedeas.
(8) When an initial decision is appealed,
				PEMA will provide the applicant with an opportunity for a hearing not later
				than 7 business days after PEMA has received the appeal request. PEMA may
				appoint a hearing examiner, who may be an administrative law judge of the
				Pennsylvania Public Utility Commission. Hearings may be held
				telephonically.
(9) The hearing
				examiner will provide the record of the hearing, if any, and a recommendation
				to PEMA for review and adoption.
(10) PEMA will notify the applicant in
				writing of its final decision and the reasons for the decision regarding the
				appeal within 2 business days after PEMA has received a written recommendation
				from the hearing examiner.