reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 116 - RADIATION EMERGENCY RESPONSE FUND › Section 116.7 - Reporting requirements and disbursement of funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Required report
. During
				a funding year, a final performance report shall be submitted by a county and a
				State agency. The requirements for this final performance report are listed as
				follows:
(1) A county and State agency that
				has received a funding allocation shall submit a final performance report to
				the Agency by July 30 following the funding year. The report shall cover the
				period from July 1 through June 30.
(2) The final performance report shall
				contain the following information:
(i) A
				complete description of the work plan goals and objectives accomplished during
				the reporting period.
(ii) A
				description of those goals and objectives not accomplished during the reporting
				period, together with a statement of the reasons that led to this
				result.
(iii) A list of
				recommendations or suggestions for improving or expanding the effectiveness of
				the county or State agency Radiation Emergency Response Program, as based upon
				the lessons learned during the reporting period.
(iv) A list of expenditures made during the
				reporting period, together with a brief explanation of those
				expenditures.
(v) A copy of
				receipts or other financial documentation that verifies the payment of
				expenditures made during the reporting period.
(3) The Agency will review the final
				performance report for accuracy and completeness. The Agency will then make a
				determination, based upon the report, that the county or State agency has or
				has not satisfactorily performed the goals and objectives of its work plan. A
				county or State agency will be notified of this determination in writing. The
				notification will state reasons for disapproving the report and will provide
				suggested corrective actions to be taken by counties or State agencies
				determined to be in unsatisfactory performance of their goals and
				objectives.
(4) A county or State
				agency that has not satisfactorily performed its work plan will be required to
				return the funds provided under its grant agreement.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 116 - RADIATION EMERGENCY RESPONSE FUND › Section 116.9 - Retention of records for audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Records and supporting documents-that is, receipts, invoices, vouchers, and the
				like-related to grant funds shall be retained for 3 years. The retention period
				starts at the end of the funding year-June 30-in which the funding allocation
				was made.
(b) A county and State
				agency shall make the records described in subsection (a) available for audit
				by Commonwealth and Agency officials within 10 days after receiving a written
				request that those records be made available for audit. The audit request may
				be made at any time during the 3 year record retention period.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 116 - RADIATION EMERGENCY RESPONSE FUND › Section 116.10 - Agency report

Current through Register Vol. 54, No. 28, July 13, 2024
On September 1 of each year, the Agency will submit a report
				  on its operation of the RERF for the preceding funding year to the Governor,
				  the General Assembly and the Pennsylvania Emergency Management Council. The
				  report will include a summary of the activities of the Radiation Emergency
				  Response Program as provided for in Chapter 5 of the act (35 P. S. §
										§
										7110.501-7110.503). The report will also
				  include a proposed operating budget, a financial statement, a list of
				  applications received and the disbursements or reimbursements made to the
				  eligible counties, risk municipalities, school districts, volunteer
				  organizations and State agencies. An analysis of the adequacy of the fees
				  established under section 402(c) of the act (35 P. S. §
										7110.402(c)) will also be
				  included in the report. The proposed funding formula for each subsequent
				  funding year will be included in either an annual or a special report to the
				  Governor, the General Assembly and the Pennsylvania Emergency Management
				  Council.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Act
-The Radiation Protection Act
				  (35
				  P. S. §
										§
										7110.101-7110.703).
Agency
-The Pennsylvania Emergency Management
				  Agency.
Applicant
-An all inclusive term that refers
				  to all counties, municipalities, volunteer organizations and State agencies
				  that are eligible to apply for funds from the RTERF.
County
-A county that has within 5 miles of
				  its jurisdictional borders an approved Nuclear Regulatory
				  Commission/Commonwealth of Pennsylvania route for the shipment of spent nuclear
				  fuel.
EOP
-The Emergency Operation Plan of the
				  Commonwealth.
Municipality
-A city, town or borough that
				  has within 5 miles of its jurisdictional borders an approved Nuclear Regulatory
				  Commission/Commonwealth of Pennsylvania route for the shipment of spent nuclear
				  fuel.
RTERF-Radiation Transportation Emergency Response
				  Fund
-A restricted account created in the General Fund of the
				  Commonwealth for the deposit of fees received from the shipment of spent
				  nuclear fuel to, within, through or across the boundaries of this
				  Commonwealth.
State agency
-A department or agency of the
				  Commonwealth that has a health, safety or emergency response function or
				  mission assigned to it by statute or by the EOP, Hazardous Materials Annex
				  F.
Volunteer organization
-An emergency services
				  organization that has an emergency response mission assigned to it by either
				  its articles of incorporation or by the EOP, Hazardous Materials Annex
				  F.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to accomplish the
				  following:
(1) Establish within the
				Agency a program for administering the RTERF under section 604(b) of the act
				(35
				P. S. §
										7110.604(b)).
(2) Establish within the Agency a financial
				assistance program that will provide for the payment of costs incurred by an
				eligible applicant for the procurement of equipment and the training and
				employment of personnel as a result of direct participation in the development
				and implementation, or both, of the EOP, Hazardous Materials Annex F.
				Information about the EOP may be obtained from the Agency or the county
				emergency management office.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.3 - Operation of the RTERF

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The RTERF
				is a restricted account that is created within the General Fund of the
				Commonwealth.
(b) The RTERF shall
				consist of fees paid to the Agency by shippers of spent nuclear fuel to,
				within, through or across the boundaries of this Commonwealth who shall pay to
				the Agency a fee of $1,000 per shipment, payable prior to the proposed date of
				the shipment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.4 - Allocation of funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Because the
				number of spent nuclear fuel shipments and the resulting revenue fees generated
				from those shipments will vary from year to year, no predetermined annual fund
				amount can be established for the RTERF.
(b) An application from an eligible county or
				State agency will be processed by the Agency on an individual basis in the
				order that the application is received during a funding year-July 1 to June 30.
				The eligibility of an applicant, whether a county or State agency, is
				determined by the requirements in §
									117.5 (relating to eligible
				expenditures).
(c) The allocation
				of funds to an eligible applicant will be determined as the result of the
				application review process described in §
									117.6 (relating to application and
				review procedures for funding) and by the availability of funds being present
				in the RTERF at the time of the intended disbursement.
(d) The RTERF will not contain funds for
				discretionary use by an eligible applicant. Funding allocations will only be
				for the approved eligible expenditures.
(e) Funds that remain in the RTERF at the
				termination of the funding year-June 30-will be automatically placed in the
				RTERF of the succeeding funding year. That sum will be applied to only those
				funding requests submitted during that succeeding funding year.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.5 - Eligible expenditures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
				eligible for payment, an expenditure made by an eligible county, municipality,
				volunteer organization and State agency shall contribute to the development of
				a radiation transportation emergency response capability that is in compliance
				with the standards and criteria established by the EOP, Hazardous Materials
				Annex F and appropriate county Hazardous Materials Program.
(b) The following expenditures are eligible
				for payments from the RTERF:
(1) The cost of
				education, program management and training of State, county, municipal and
				volunteer organization personnel in the proper response techniques and methods
				to be used in the event of an accident involving the shipment of spent nuclear
				fuel.
(2) The purchase of
				protective supplies and equipment needed for response purposes in the event of
				an accident involving the shipment of spent nuclear fuel.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.6 - Application and review procedures for funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application procedures in this
				section apply to eligible applicants that seek funding from the RTERF. The
				Agency will provide each applicant with the requisite application
				form.
(b) Applicants, except for
				State agencies, shall submit a funding application to the appropriate county
				emergency management agency. The county emergency management agency shall
				review the application in terms of its compliance with and advancement of the
				county's Radiation Emergency Response Plan. Upon approval by the county
				emergency management agency, the individual funding application of the eligible
				municipality or volunteer organization shall be incorporated into the county's
				application for funding from the RTERF. State agencies shall submit funding
				applications directly to the Agency. That application shall be submitted under
				the signature of the State agency's secretary/director or a designee.
(c) It is the obligation of the county to
				participate in negotiations and revisions concerning its funding application.
				In particular, the county shall attempt to resolve disputes that arise between
				the county and its municipalities and volunteer organization, or both,
				concerning the inclusion of individual funding requests into the county's
				application. Disputes that cannot be resolved at the county level through
				negotiations will be resolved by the Agency during its review of the county's
				funding application.
(d) Upon
				receipt of a funding application, the Agency will review the application for
				accuracy and completeness. The Agency will apply the following standards to its
				application review process:
(1) The
				expenditure will be incurred during the applicable funding year-July 1 to June
				30.
(2) The expenditure was not
				previously recouped or reimbursed from other sources.
(3) The expenditure will be required as a
				direct result of the applicant's participation in a radiation transportation
				emergency response program.
(4) The
				expenditure will be required for the payment of education, management and
				training or for the purchase of protective supplies and equipment needed to
				respond to a potential accident involving the shipment of spent nuclear
				fuel.
(5) The expenditure shall be
				verifiable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.8 - Retention of records for audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Records and supporting documents-that is, receipts, invoices, vouchers, and the
				like-related to grant funds shall be retained for 3 years. The retention period
				starts at the end of the funding year-June 30-in which the funding allocation
				was made.
(b) A county and State
				agency shall make the records described in subsection (a) available for audit
				by Commonwealth and Agency officials within 10 days after receiving a written
				request that those records be made available for audit. The audit request may
				be made at any time during the 3 year record retention period.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 117 - RADIATION TRANSPORTATION EMERGENCY RESPONSE FUND › Section 117.9 - Agency report

Current through Register Vol. 54, No. 28, July 13, 2024
On September 1 of a year, the Agency will submit a report on
				  its operation of the RTERF for the preceding fiscal year to the Governor, the
				  General Assembly and the Pennsylvania Emergency Management Council. The report
				  will include a summary of the activities of the Radiation Transportation
				  Emergency Response Program. The report will include a list of the applications
				  received and the amounts allocated to eligible applicants. An analysis of the
				  adequacy of the fee established for the shipment of spent nuclear fuel will
				  also be included in the report.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise:
Commonwealth Drought Coordinator
-An officer
				  of the Department appointed by the Secretary of the Department to carry out
				  responsibilities established in the Pennsylvania Drought Contingency Plan to
				  coordinate Commonwealth planning, preparedness and response action to a drought
				  or water shortage emergency.
Consumptive water
-Water that in the process
				  of being used is evaporated, transpired or incorporated into a product.
Department
-The Department of Environmental
				  Protection of the Commonwealth.
Designated drought emergency area
-The area
				  of this Commonwealth described in the Governor's proclamation or executive
				  order declaring a state of drought or water shortage emergency.
PEMA
-The Pennsylvania Emergency Management
				  Agency.
Public water supply agency
-A "community
				  water system" as that term is defined in section 3 of the Pennsylvania Safe
				  Drinking Water Act (35 P. S. §
										721.3).
Water user
-
(i) An individual, partnership, association,
				company, corporation, municipality, municipal authority, political subdivision
				or an agency of Federal, State, county or municipal government.
(ii) The term includes the officers,
				employees and agents of a partnership, association, company, corporation,
				municipality, municipal authority, political subdivision or an agency of
				Federal, State, county or municipal government.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter provides for the preparation and implementation
				  of contingency plans by public water supply agencies providing service to 50 or
				  more customer connections, and by major commercial and industrial water users,
				  to reduce water use in response to a state of drought or water shortage
				  emergency within specified areas of this Commonwealth. The objective of this
				  chapter is to conserve water, to balance demand with limited available supplies
				  and to assure that sufficient water is available to serve essential health,
				  safety and economic needs. This chapter is intended to implement the
				  Pennsylvania Drought Contingency Plan, and a Governor's proclamation of drought
				  emergency or order issued during an emergency by the Commonwealth Drought
				  Coordinator that directs the preparation of contingency plans and
				  implementation of water use reductions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.4 - Contingency plans-public water supply agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preparation and
				submission.
(1) Within the time
				frame specified in the Governor's proclamation of drought emergency or order
				issued during an emergency by the Commonwealth Drought Coordinator, each public
				water supply agency which provides service to 50 or more customer connections
				and which has either a source of water or a service area within the designated
				drought emergency area shall develop, adopt and submit a drought contingency
				plan meeting the requirements set forth in this section.
(2) Each public water supply agency shall
				submit three copies of the drought contingency plan to the Commonwealth Drought
				Coordinator, for distribution to PEMA, the Department and other interested
				Commonwealth agencies, including the Pennsylvania Public Utility Commission if
				applicable. Each public water supply agency shall submit a copy of the drought
				contingency plan to the counties in which the public water supply agency serves
				water.
(3) If a public water supply
				agency has previously prepared and submitted to the Commonwealth Drought
				Coordinator a drought contingency plan containing the information required by
				this section and the plan was approved by the Commonwealth Drought Coordinator,
				or a designee, not more than 3 years prior to the Governor's proclamation of
				drought emergency, the plan may be deemed to satisfy the requirements of this
				section; however, the public water supply agency may affirm, modify or amend
				the plan as it deems appropriate, through submittal of a modified or amended
				plan to the Commonwealth Drought Coordinator for approval.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.5 - Contingency plans-self supplied commercial and industrial water users

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preparation and submission.
(1) Within the time frame specified in the
				Governor's proclamation of drought emergency or order issued during an
				emergency by the Commonwealth Drought Coordinator, the owner or operator of a
				commercial or industrial facility which withdraws ground or surface water
				within the designated drought emergency area in excess of an average of 100,000
				gallons per day in any 30 day period shall develop and adopt, and have
				available for inspection at the facility, a drought contingency plan under this
				section.
(2) Within the time frame
				specified in the Governor's proclamation of drought emergency or order issued
				during an emergency by the Commonwealth Drought Coordinator, the owner or
				operator of a commercial or industrial facility which withdraws ground or
				surface water within the designated drought emergency area in excess of an
				average of 500,000 gallons per day in any 30 day period shall develop, adopt
				and submit a drought contingency plan to the Commonwealth Drought
				Coordinator.
(3) During the
				effective period of the Governor's proclamation of drought emergency, the
				Commonwealth Drought Coordinator may order the owner or operator of any
				commercial or industrial facility not included in paragraph (2) whose source of
				water is located within the designated drought emergency area, to develop,
				adopt and submit a drought contingency plan to the Commonwealth Drought
				Coordinator within the time frame specified in the order.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.6 - Implementation of reductions by self-supplied industrial and commercial water users

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As
				necessary to respond to drought or water shortage conditions, during the
				effective period of the Governor's proclamation of drought emergency, the
				Commonwealth Drought Coordinator may order equitable reductions of water
				withdrawal and use by self-supplied industrial and commercial facilities within
				the designated drought emergency area. In determining the amount of equitable
				reductions, the Commonwealth Drought Coordinator will consider the following,
				in priority order:
(1) The relative impact of
				water use reductions upon:
(i) Public health
				and safety, including pharmaceutical processes.
(ii) Food and raw fiber production, including
				protection of perishable raw or processed products.
(iii) Delivery of electric generation
				services.
(iv) Maintenance of
				employment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.9 - County drought management task force

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within the time frame specified in the
				Governor's proclamation of drought emergency, the county commissioners of all
				counties located within the designated drought emergency area shall establish a
				drought management task force within their county.
(1) The county task force shall coordinate
				and monitor all drought reporting and water conservation measures undertaken
				within their county as necessary to ensure the provision of safe and reliable
				drinking water sources.
(2) The
				county task forces shall be comprised of county emergency management officials,
				public water supply agency representatives, elected officials, health
				officials, fire officials, law enforcement officials, affected business and
				industry representatives, and other interested parties. Each county may
				determine the number and composition of representatives from each group that
				will sit on the task force.
(3) The
				county commissioners will coordinate, and report to the Commonwealth Drought
				Coordinator on, county task force activities to include, but not limited to,
				public information, planning, water system vulnerabilities, enforcement
				coordination, fire protection and other areas of public concern. The report
				shall be submitted either monthly or within a shorter time frame as determined
				by the Commonwealth Drought Coordinator.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 118 - REDUCTIONS OF MAJOR WATER USE IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 118.10 - Penalties and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
A person who violates this chapter, fails to carry out duties
				  and responsibilities imposed by this chapter, or impedes or interferes with
				  actions undertaken or ordered under this chapter shall be subject to the
				  penalties under
				  35 Pa.C.S. §
										7707.
				  Violation of any provision of this chapter is a summary offense enforceable by
				  proper law enforcement authorities or private citizens in accordance with Pa.R.
				  Crim.P. Nos. 400-471 and 1000-1013 (relating to summary cases; and rules of
				  criminal procedure for the Municipal Court of Philadelphia).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 119 - PROHIBITION OF NONESSENTIAL WATER USES IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 119.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter restricts nonessential water uses in response to
				  a state of drought and water shortage emergency that has been declared by the
				  Governor within specified areas of this Commonwealth to conserve water, to
				  balance demand with limited available supplies and to assure that sufficient
				  water is available to serve essential health, safety and economic
				  needs.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 119 - PROHIBITION OF NONESSENTIAL WATER USES IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 119.4 - Prohibition of nonessential water uses

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the Governor declares by proclamation or executive
				  order a state of drought or water shortage emergency in an area of this
				  Commonwealth, the following water uses shall be deemed nonessential and are
				  prohibited within areas that have been declared to be in a state of drought or
				  water shortage emergency, including within any public water supply agency's
				  service area for which a source of water is located within the designated
				  drought emergency area. Nothing in paragraphs (1)-(4) allows a prohibited use
				  of water as either a direct or indirect effect of the exceptions contained
				  therein.
(1) The use of any water for
				watering of grass, except:
(i) Water may be
				applied to grass areas approved prior to or during the emergency as part of a
				sewage or storm water treatment system utilizing spray irrigation which system
				was approved in a permit issued by the Department prior to the drought
				emergency proclamation.
(ii) Water
				may be used to establish and maintain newly seeded and sodded grass areas when
				applied between the hours of 5 p.m. and 9 a.m. by means of a bucket, can or
				hand held hose equipped with an automatic shut-off nozzle, or when applied
				between the hours of 7 p.m. and 11 p.m. by any other means designed and
				operated to ensure effective conservation.
(iii) Water may be applied by a professional
				landscaper to establish and maintain newly seeded and sodded grass areas during
				working hours by any means designed and operated to ensure effective
				conservation.
(iv) Water may be
				used by professional landscapers or irrigation contractors for the purpose of
				testing newly installed or repaired irrigation equipment for a period not to
				exceed 15 minutes per irrigation zone.
(v) Water may be applied for the purpose of
				grub control one time during the effective period of the Governor's
				proclamation of drought emergency.
(vi) Water may be used, in a manner that
				ensures effective conservation, to implement revegetation following
				earthmoving, where revegetation is required under an erosion and sedimentation
				control plan adopted under state law or regulation. Revegetation use shall
				comply with applicable best conservation management practices for revegetation
				prescribed by the Department and county conservation districts.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 119 - PROHIBITION OF NONESSENTIAL WATER USES IN A COMMONWEALTH DROUGHT EMERGENCY AREA › Section 119.5 - Penalties and enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
A water user who violates this chapter, fails to implement
				  the duties and responsibilities imposed by this chapter or impedes or
				  interferes with actions undertaken or ordered under this chapter, shall be
				  subject to the penalties provided under
				  35 Pa.C.S. §
										7707
				  (relating to penalties). Violation of a provision of this chapter is a summary
				  offense enforceable by proper law enforcement authorities or private citizens
				  under Pa.R.Crim.P. Nos. 400-462 and 1000-1013 (relating to procedures in
				  summary cases; and rules of criminal procedure for the Philadelphia Municipal
				  Court). In the city of Philadelphia, this chapter shall be enforced by the
				  Departments of Water, Police, and Licenses and Inspection.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes procedures for the Commonwealth
				  Drought Coordinator to review and approve plans by public water supply agencies
				  or political subdivisions in response to a state of drought or water shortage
				  emergency that has been declared by the Governor within specified areas of this
				  Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.3 - Objective of a plan

Current through Register Vol. 54, No. 28, July 13, 2024
The objective of a plan is to balance the daily demands
				  placed upon a public water supply agency with the requirement to maintain a
				  sufficient water supply to meet the long term needs that may be placed upon the
				  public water supply agency during a period of water shortage or drought
				  emergency. In particular, the water conservation measures of a plan are
				  intended to:
(1) Avoid the depletion
				of a water supply to ensure that adequate water supplies are available to
				protect the health and safety of all water customers.
(2) Provide for the equitable distribution of
				water during the emergency.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.4 - Responsibility to monitor local water supply and implement water conservation measures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
				public water supply agency or governing body of each political subdivision
				which has a source of water or a service area within an area affected by
				drought conditions or a local water shortage shall monitor the level of its
				water supply and estimate the availability of future water supply sources, the
				rate of present and anticipated water usage and the effectiveness of water
				conservation measures being implemented by them.
(b) Each public water supply agency or
				governing body of each political subdivision which has a source of water or a
				service area within an area affected by drought conditions or a local water
				shortage shall take prompt action to implement water conservation measures.
				These measures may include:
(1) Asking water
				customers to voluntarily conserve water.
(2) Implementing the development or
				activation of alternate sources of supplies.
(3) Implementing specific bans on
				nonessential uses of water.
(4)
				Implementing a plan as provided in §
										§
										120.5 and
				120.6 (relating to implementation
				of plans; and implementation of further water usage reductions).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.5 - Implementation of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.6 - Implementation of further water usage reductions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a public water supply agency or
				governing body of an affected political subdivision determines that it is
				necessary to further decrease the water usage of its residential,
				nonresidential or other water customers, it may request the Commonwealth
				Drought Coordinator to consider and approve revisions or amendments, or both,
				to its plan in accordance with the procedure in §
									120.5(b) (relating
				to implementation of plans).
(b)
				The Commonwealth Drought Coordinator may approve the requested revisions or
				amendments, or both, to the plan.
(c) Constructive notice of approved revisions
				or amendments, or both, to a plan will be provided in accordance with the
				notification procedures described in §
									120.5(d).
This section cited in 4 Pa. Code §
											120.4 (relating to responsibility
					 to monitor local water supply and implement water conservation
					 measures).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.7 - Enforcement of plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The public
				water supply agency or governing body of a political subdivision shall have
				primary responsibility for monitoring the compliance of residential,
				nonresidential and other water customers with its plan.
(b) The public water supply agency or
				governing body of a political subdivision shall institute procedures to monitor
				closely water supplies and current water usage to determine if water reductions
				are being attained consistent with the water conservation figures established
				in its plan. A public water supply agency or governing body of a political
				subdivision shall regularly advise the water customers of the effects of the
				water rationing program.
(c) Each
				public water supply agency or governing body of a political subdivision is
				authorized to alter meter reading schedules to assure compliance with its
				plan.
(d) Proper law enforcement
				authorities and private citizens have additional enforcement responsibilities
				and rights as specified in §
									120.12 (relating to
				penalties).
(e) A political
				subdivision may enforce its plan by adopting an ordinance in accordance with
				§
									120.11(a) and (b) 
				(relating to enforcement by political subdivision ordinance).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.8 - Service interruptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				plan shall include provisions for the implementation of temporary service
				interruptions. This action would be necessary to achieve water use reductions
				to prevent a public water supply agency from depleting its water supply to the
				point that vital service demands, such as public health and safety,
				firefighting and health care facilities, cannot be met.
(b) The following governs the implementation
				of service interruptions:
(1) To effectuate
				compliance with a plan, the public water supply agency is authorized and
				required to plan and implement service interruptions to all or part of its
				water supply system, as the public water supply agency deems appropriate, when
				one or more of the following conditions are determined by the public water
				supply agency to exist as to its water supply system:
(i) The specified reduction in systemwide
				water usage has not been achieved.
(ii) The specified reduction in systemwide
				water usage has been achieved, but has failed to have a significant impact in
				extending limited water supplies.
(iii) Service interruption are necessary to
				further extend limited or dwindling water supplies.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.9 - Excess use charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Excess use charges
.
(1)
				Excess use charges are a positive means of securing compliance with a plan. If
				a public water supply agency elects to include excess use charges in a plan,
				the maximum excess use charge authorized to be imposed is as follows:
First 2,000 gallons or portion thereof
5 times
						  the actual rate charged for water
Each 1,000 gallons or portion thereof
						  thereafter
10 times the actual rate charged for water
(2)
				Excess use charges may only be assessed against meter customers and shall be
				based upon actual meter readings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.11 - Enforcement by political subdivision ordinance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A political subdivision may adopt an
				ordinance to enforce the various provisions of a plan within the jurisdictional
				boundaries of the political subdivision, if the following actions precede the
				adoption of the ordinance:
(1) The plan has
				been submitted to the Commonwealth Drought Coordinator in accordance with
				§
										120.5 (relating to implementation
				of plans).
(2) The Governor has
				issued a proclamation declaring a state of local drought and water shortage
				emergency for an area of the Commonwealth that includes the political
				subdivision.
(3) The Commonwealth
				Drought Coordinator has approved the plan and constructive notice of the plan
				as described in §
										120.5(d) has been
				provided to residential and nonresidential water customers or other persons
				doing business within the emergency service area of the plan.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.12 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
A person who violates a provision of this chapter, who fails
				  to carry out duties and responsibilities imposed by this chapter or who impedes
				  or interferes with actions undertaken or ordered under this chapter is subject
				  to the penalties provided under
				  35 Pa.C.S. §
										7707
				  (relating to penalties). Violation of a provision of this chapter is a summary
				  offense enforceable by law enforcement officers or private citizens in
				  accordance with 234 Pa. Code Chapters 50 and 6000 (relating to procedure in
				  summary cases; and rules of criminal procedure for the municipal court of
				  Philadelphia).
This section cited in 4 Pa. Code §
											120.7 (relating to enforcement of
					 plans).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.13 - Additional water conservation and protection policies

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in a plan or this chapter limits or affects the power
				  or authority of a political subdivision to adopt or enforce ordinances, rules,
				  restrictions and orders for water conservation and protection of essential
				  supplies, provided that the ordinances, rules, restrictions and orders do not
				  conflict this chapter and Chapters 118 and 119 (relating to reductions of major
				  water use in a Commonwealth drought emergency area; and prohibition of
				  nonessential water uses in a Commonwealth drought emergency area), and river
				  basin commission orders or plans.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.14 - Repeal or amendment of a plan

Current through Register Vol. 54, No. 28, July 13, 2024
A plan may be amended or repealed only by action of the
				  Commonwealth Drought Coordinator upon the written request of the public water
				  supply agency or governing body of a political subdivision that developed and
				  submitted the plan. A request for amendment or repeal of a plan shall document
				  the conditions justifying the amendment or repeal, be signed by an authorized
				  representative of the applicant and be submitted to the Commonwealth Drought
				  Coordinator for approval.
This section cited in 4 Pa. Code §
											120.15 (relating to notification of
					 termination).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120 - LOCAL WATER RATIONING PLANS › Section 120.15 - Notification of termination

Current through Register Vol. 54, No. 28, July 13, 2024
Upon approval of the repeal of a plan in accordance with
				  §
									120.14 (relating to repeal or
				  amendment of a plan), the Commonwealth Drought Coordinator will 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 repeal of the plan and its effective date. The Commonwealth Drought
				  Coordinator will also transmit to the Legislative Reference Bureau for
				  publication in the
Pennsylvania Bulletin
, a written notice
				  which states that the plan has been repealed by the Commonwealth Drought
				  Coordinator and its effective date.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120b - PUBLIC SAFETY EMERGENCY TELEPHONE PROGRAM › Section 120b.101 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The act is designed to provide a toll-free telephone number
				  911 for individuals within this Commonwealth to gain rapid, direct access to
				  emergency aid. The number shall be provided with the objective of reducing
				  response time to situations requiring law enforcement, fire, medical, rescue or
				  other emergency service. The authority and responsibility for the creation and
				  implementation of a plan establishing, operating and maintaining adequate
				  facilities for answering emergency calls and dispatching a proper response to a
				  caller's needs shall be vested in the county government. County governments are
				  encouraged to develop and implement a 911 emergency communication system that
				  will meet the specific needs of the county and take maximum advantage of the
				  integration of communications equipment and personnel to minimize costs and
				  effect a more rapid response to emergency situations. County governments are
				  encouraged to develop enhanced 911 system plans to the greatest extent
				  possible. The development of county plans that limit the number of PSAPs and
				  dispatch centers to the minimum necessary to meet the guideline requirements
				  and to minimize costs to the public shall be encouraged.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120b - PUBLIC SAFETY EMERGENCY TELEPHONE PROGRAM › Section 120b.105 - Contribution rate

Current through Register Vol. 54, No. 28, July 13, 2024
Counties that presently have 911 systems may establish a
				  contribution rate to cover nonrecurring and operating costs of an existing
				  system by using the same contribution rate approval mechanisms as a new 911
				  system. A county which did not have a 911 system in operation on September 9,
				  1990, but which awarded a contract for a 911 system prior to September 9, 1990,
				  shall be considered to have a present system. For the Commission to review the
				  contribution rate requested by the county, the data called for in this chapter,
				  as appropriate, shall be included in the county plan. The plan shall
				  include:
(1) A narrative setting forth
				the development of the system including the bids and other alternatives studied
				and the reasons for the proposed system designed.
(2) A diagram detailing the components of the
				911 system which shall include the quantities, ownership or the company that
				owns the lease of those components. A list of eligible component expenses shall
				be shown on the diagram or accompany the diagram. A sample diagram is provided
				at the end of this section.
(3) The
				estimated nonrecurring and recurring costs, if applicable, for each component
				of the 911 system for which the county is eligible for reimbursement, the costs
				may include the following:
(i) Power
				supply.
(ii) Telephone answering
				positions.
(iii) Automatic number
				identification.
(iv) Controller
				common equipment.
(v) Automatic
				location identification controller.
(vi) Common equipment display
				terminals.
(vii)
				Printers.
(viii) TDD terminal
				equipment.
(ix) Call recording
				equipment.
(x) Radio
				equipment.
(xi) Geographic
				file.
(xii) Personnel salary,
				training and benefits.
(xiii)
				Geographic file maintenance.
(xiv)
				Cable.
(xv) Diverse
				routing.
(xvi) 911
				trunks.
(xvii) Administrative
				telephone radio circuits.
(xviii)
				Alarm circuits.
(xix) Private line
				circuits.
(xx) Ring down
				circuits.
(xxi) Audit expenses and
				administrative costs.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part V - EMERGENCY MANAGEMENT AGENCY › Chapter 120b - PUBLIC SAFETY EMERGENCY TELEPHONE PROGRAM › Section 120b.106 - Eligible costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				contribution rate may be used for recurring and nonrecurring costs associated
				with implementing, expanding, upgrading and operating a 911 emergency
				communications system.
(b) The
				costs may include the following items:
(1)
Nonrecurring costs.
(i)
				Telephone terminal equipment or switching equipment.
(ii) Trunk line service
				installation.
(iii) Network
				changes.
(iv) Building of data base
				including individual number or location identification, or both, and mapping of
				the 911 service area.
(v) Microwave
				equipment.
(vi) Consultant fees
				associated with the development of county 911 plans.
(vii) Fixed radio equipment that is an
				integral part of a 911 system.
(viii) Purchase and installation costs of
				emergency power generating equipment.
(ix) Telephone company costs associated with
				the development of the contribution rate billing system.
(x) Moving costs for consolidation of
				answering centers.
(xi) Capital
				costs for systems in-place, installed and functional on September 7,
				1990.
(xii) Stenographer recording
				costs for the required public meeting.
(xiii) Mobile communications
				equipment.
(xiv) Development and
				maintenance of a master street address guide.
(xv) Erection of street signs on State and
				local highways.
(xvi) Other
				nonrecurring costs as deemed eligible by the Agency.