Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.8 - Procedure for exemptions or variance from water use reductions by self-supplied industrial or commercial water users

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If compliance with water use reductions
				ordered under this chapter would result in extraordinary hardship upon a
				self-supplied industrial or commercial water user, the water user may apply for
				an exemption or variance.
(b) 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 this chapter.
(c) A self-supplied industrial or commercial
				water user who believes he suffers an extraordinary hardship and desires to be
				wholly or partially exempt from the reductions ordered under this chapter may
				apply for an exemption or variance under the following procedures:
(1) The applicant shall submit a written
				request with full documentation supporting the need for the requested relief
				to:
Commonwealth Drought Coordinator c/o Department of
				  Environmental Protection P. O. Box 8555 Harrisburg, Pennsylvania
				  17105-8555
(2) The
				application shall contain information specifying:
(i) The nature of the hardship claimed, and
				reason for the requested exemption or variance.
(ii) The efforts taken by the applicant to
				conserve water and the extent to which water use may be reduced by the
				applicant without extraordinary hardship.
(3) 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 additional
				information as necessary to review the application.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) The hearing
				examiner will provide the record of the hearing, if any, and a recommendation
				to PEMA for review and adoption.
(9) 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.