206
    Act 1984-43
    LAWS OF PENNSYLVANIA
    No. 1984-43
    AN ACT
    SB 201
    Providing for safe drinking water; imposing powers and duties on the Depart-
    ment of Environmental Resources in relation thereto; and appropriating
    certain funds.
    TABLE OF CONTENTS
    Section 1. Short title.
    Section 2. Legislative findings and declaration.
    Section 3. Definitions.
    Section 4. Powers and duties of Environmental Quality Board.
    Section 5. Powers and duties of department.
    Section 6. Variances and exemptions.
    Section 7. Permits.
    Section 8. Inspections and recordkeeping requirements.
    Section 9. Laboratories.
    Section 10. Emergencies and imminent hazards.
    Section Ii. Public notification.
    Section 12. Public nuisances.
    Section 13. Penalties and remedies.
    Section 14. Safe Drinking Water Account.
    Section
    15.
    Continuation of existing rules and regulations.
    Section 16. Appropriations of Federal money.
    Section 17. Administration of grants.
    Section 18. Repeals.
    Section 19. Effective date.
    The General Assembly of the Commonwealth of Pennsylvania hereby
    enacts as follows:
    Section 1. Short title.
    This act shall be known and may be cited as the Pennsylvania Safe Drink-
    ing Water Act.
    Section 2. Legislative findings and declaration.
    (a) Findings.—The General Assembly finds and declares that:
    (1) An adequate supply of safe, pure drinking water is essential to the
    public health, safety and welfare and that such a supply is an important
    natural resource in the economic development of the Commonwealth.
    (2) The Federal Safe Drinking Water Act provides a comprehensive
    framework for regulating the collection, treatment, storage and distribu-
    tion of potable water.
    (3) It is in the public interest for the Commonwealth to assume
    primary enforcement responsibility under the Federal Safe Drinking
    Water Act.

    SESSION OF 1984
    Act 1984-43
    207
    (b) Declaration.-~—Itis the purpose of this act to further the intent of
    section 27 of Article I of the Constitution of Pennsylvania by:
    (1) Establishing a State program to assure the provision of safe drink-
    ing water to the public by establishing drinking water standards and devel-
    oping a State program to implement and enforcethe standards.
    (2) Developing a process for implementing plans for the provision of
    safe drinking water in emergencies.
    (3) Providing public notice of potentially hazardous conditions that
    may exist in a water supply.
    Section 3. Definitions.
    The following words and phrases when used in this act shall have the
    meanings given to them in this section unless the context clearly indicates
    otherwise:
    “Administrator.” The Administrator of the United States Environ-
    mental Protection Agency or his authorized representative.
    “Community water system.” A public water system which serves at least
    15 service connections used by year-round residents or regularly serves at
    least 25 year-round residents.
    “Contaminant.” Any physical, chemical, biological or radiological sub-
    stance or matter in water.
    “Department.” The Department of Environmental Resources.
    “Drinking water standards.” Any requirements established by the
    national primary drinking water regulations and national secondary drinking
    water regulations or any State regulations adopted pursuant to this act.
    “Environmental Hearing Board.” The board established pursuant to
    section 1921-A of the act of April 9, 1929 (P.L.177, No.175), known as The
    Administrative Code of 1929, for the purposes set forth in that section.
    “Environmental Quality Board.” The board established pursuant to
    section 1920-A of The Administrative Code of 1929, for the purposes set
    forth in that section.
    “Federal act.” The Federal Safe Drinking Water Act, as amended
    (PublicLaw 93-523, 42 U.S.C.
    §
    300fet seq.).
    “Maximum contaminant level.” The maximum permissible level of a
    contaminant in water which is delivered to any user of a public water system.
    “National primary drinking water regulations.” Primary drinking water
    regulations promulgated by the administrator pursuant to the Federal act.
    “National secondary drinking water regulations.” Secondary drinking
    water regulations promulgated by the administrator pursuant to the Federal
    act.
    “Noncommunity water system.” A public water system that is not a
    community water system.
    “Person.” Any individual, partnership, association, company, corpora-
    tion, municipality, municipal authority, political subdivision or any agency
    of Federal or State government. The term shall include the officers, employ-
    ees and agents of any partnership, association, company, corporation,
    municipality, municipal authority, political subdivision or any agency of
    Federalor State government.

    208
    Act 1984-43
    LAWS OF PENNSYLVANIA
    “Public water system.” A system for the provision to the public of water
    for human consumption which has at least 15 service connections or regu-
    larly serves an average of at least 25 individuals daily at least 60 days out of
    the year. The term includes:
    (1) Any collection, treatment, storage and distribution facilities under
    control of the operator of such system and used in connection with such
    system.
    (2) Any collection or pretreatment storage facilities not under such
    control which are used in connection with such a system.
    (3) A system which provides water for bottling or bulk hauling for
    human consumption.
    “Secretary.” The Secretary of the Department of Environmental
    Resources.
    “State agency.” Any State department, board, commission or agency
    other than the Department of Environmental Resources.
    “Supplier of water.” Any person who owns or operates a public water
    system.
    “Treatment technique.” A requirement which specifies for a contami-
    nant a specific treatment method which is known to cause a reduction in the
    level of the contaminant. A treatment technique may be required for con-
    taminants which cannot practically be regulated by establishing a maximum
    contaminant level.
    “Water Facilities Loan Board.” The board established pursuant to 32
    Pa.C.S.
    §
    7504 (relating to water facilities loan board) for the purpose set
    forth in that chapter.
    Section 4. Powers and duties of Environmental Quality Board.
    (a) Board to establish standards, rules and regulations.—The Environ-
    mental Quality Boardshall have the power and its duty shall be to adopt such
    rules and regulations of the department, governing the provision of drinking
    water to the public, as it deems necessary for the implementation of the pro-
    visions of this act. The board shall adopt maximum contaminant levels and
    treatment technique requirements no less stringent than those promulgated
    under the Federal act for all contaminants regulated under the national
    primary and secondary drinking water regulations. The board may adopt
    maximum contaminant levels or treatment technique requirements for any
    contaminant that a maximum contaminant level or treatment technique
    requirement has not been promulgated under the national primary and sec-
    ondary drinking water regulations.
    (b) Applicability of rules and regulations.—Rules and regulations shall
    apply to each public water system in the Commonwealth except that such
    rules and regulations shall not apply to a public water system whieh~
    (1) consists only of distribution and storage facilities and which does
    not have any collection andtreatment facilities;
    (2) obtains all of its water from, but is not owned or operated by, a
    public water system to which such standards, rules and regulationsapply;
    (3) does not sell water to any person; and

    SESSION OF 1984
    Act 1984-43
    209
    (4) does not provide water for potable purposes to any carrier which
    conveys passengers in interstate commerce.
    (c) Fees to be established.—The Environmental Quality Board shall
    establish fees for permit applications, laboratory certification and other ser-
    vices. Such fees shall bear a reasonable relationship to the actual cost of pro-
    viding a service.
    Section
    5.
    Powers and duties of department.
    (a) State to assume primary enforcement.—The department shall adopt
    and implement a public water supply program which includes, but is not
    limited to, those program elements necessary to assume State primary
    enforcement responsibility under the Federal act. The public water supply
    program shall include, but not be limited to, maximum contaminant levelsor
    treatment technique requirements establishing drinking water quality stan-
    dards, monitoring, reporting, recordkeeping and analytical requirements,
    requirements for public notification, standards for construction, operation
    and modifications to public water systems, emergency procedures, standards
    forlaboratory certification, andcompliance and enforcement procedures.
    (b) Department to establish compliance procedures.—The department
    shall develop and implement procedures as may be necessary and appropri-
    ate in order to obtain compliance with this act or the rules and regulations
    promulgated, or permits issued hereunder. Such procedures shall include,
    but not be limited to:
    (1) Monitoring and inspection.
    (2) Maintaining an inventory of public water systems in the Common-
    wealth.
    (3) A systematic program for conducting sanitary surveys of public
    water systems throughout the Commonwealth.
    (4) The establishment and maintenance of a program for the certifica-
    tion of laboratories conducting analytical measurements of drinking water
    contaminants specified in the drinking water standards; and the assurance
    of the availability to the department of laboratory facilities certified by the
    administrator and capable of performing analytical measurements of all
    contaminants specified in the drinking water standards.
    (5) The establishment and maintenance of a permit program concern-
    ing plans and specifications for the design and construction Gfnew--or sub-
    stantially modified public water systems, which program:
    (i) Requires all such plans and specifications, or either, to be first
    approved by the department before any work thereunder shall be com-
    menced.
    (ii) Requires that all such projects are designed to comply with any
    rules and regulations of the department concerning their construction
    and operation; and once completed will be capable of compliance with
    the drinking water standards; and will deliver water with sufficient
    volume andpressure to the users of such systems.
    (c) Department to enforce drinking water standards.—The department
    shall have the power and its duties shall be to issue such orders and initiate
    such proceedings as may be necessary and appropriate for the enforcement

    210
    Act 1984-43
    LAWS OF PENNSYLVANIA
    of drinking water standards, any other provision of law notwithstanding.
    These actions shall include, but are not limited to, the following~
    (1) To institute in a court of competent jurisdiction, proceedings
    against any person to compel compliance with the provisions of this act, or
    the drinking water standards or conditions of permits issued hereunder.
    (2) To initiate criminal prosecutions, including issuance of summary
    citations by agents of the department.
    (3) To do any and all things and actions not inconsistent with any pro-
    vision of this act forthe effective enforcement of this act, rules and regula-
    tions or permits issued hereunder.
    (d) Department to keep records.—The department shall keep such
    records and make such reports as may be required by regulations established
    by the administrator pursuant to the Federalact.
    (e) Department may require information from public water systems.—
    The department may require any public water system to install, use and
    maintain such monitoring equipment and methods to perform such
    sampling, to maintain and retain such records of information from moni-
    toring and sampling activities, to submit such reports of monitoring and
    sampling results and to provide such other information as may be required to
    determine compliance or noncompliance with this act or with regulations
    promulgatedpursuant to this act.
    (f) Department has right to enter premises.—The department and its
    agents shall have the right to enter any premise under the control of the
    public water system upon presentation of appropriate credentials at any rea-
    sonable time in order to determine compliance with this act, and to that end
    may test, inspect or sample any feature of a public water
    system
    and
    inspect,
    copy or photograph any monitoring equipment or other feature of a public
    water system, or records required to be keptunder provisions of this act.
    (g) Search warrants.—An agent or employee of the department may
    apply for a search warrant to any Commonwealth officialauthorized to issue
    a search warrant for the purposes of inspecting or examining any property,
    building, premise, place, book, record or other physical evidence, of con-
    ducting tests or taking samples. Such warrant shall be issued upon probable
    cause. It shall be sufficient probable cause to show any of the following:
    (1) the inspection, examination, test or sampling is pursuant to a
    general administrativeplan to determinecompliance with this act;
    (2) the agent or employee has reason to believe that a violation of this
    act has occurred or may occur; or
    (3) the agent or employee has been refused access to the property,
    building, premise, place, book, record or physical evidence, or has been
    prevented from conducting tests or taking samples.
    (h) Delegation of functions and fiscal matters.—The department is
    authorized to:
    (1) Enter into agreements, contracts or cooperative arrangements
    under such terms and conditions as may be deemed appropriate with other
    State agencies, Federal agencies, interstate compact agencies, political sub-
    divisions or other persons, including agreements with local health depart-

    SESSION OF 1984
    Act 1984-43
    211
    ments to delegate one or more of its regulatory functions to inspect,
    monitor and enforce the act and drinking water standards. The depart-
    ment shall monitor and supervise activities of each local health department
    conducted pursuant to such an agreement, for consistency with the depart-
    ment’s rules, regulations and policies. A local health department, where it
    exists in each of the counties of the Commonwealth, may elect to adminis-
    ter and enforce any of the provisions of this act together with the depart-
    ment in accordance with the established policies, procedures, guidelines,
    standards and rules and regulations of the department. Local health
    departments electing to administer and enforce the provisions of this act
    shall be funded through contractual agreements within the department
    whenever program activity exceeds the minimum program requirements
    established under the former act of April22, 1905 (P.L.260, No.182), enti-
    tled “An act to preserve the purity of the waters of the State, for the pro-
    tection of the public health,” adopted by the Advisory Health Board
    under the provisions of the act of August 24, 1951 (P.L.1304, No.315),
    known as the Local Health Administration Law. The department is autho-
    rized to provide funds to local health departments entering into an agree-
    ment to contract pursuant to this paragraph which shall be considered to
    be agents of the department for the purpose of enforcement of thisacL
    (2) Notwithstanding the grant of powers in paragraph (1), in any case
    where administration and enforcement of this act by a local health depart-
    ment shall conflict with administration and enforcement by the depart-
    ment, the department shall so notify the local health department of the
    conflict and administration and enforcement by the department shall take
    precedence over administration and enforcement by a local health depart-
    ment.
    (3) Receive financial and technical assistance from the Federal Gov-
    ernment and other public or private agencies where appropriate.
    (4) Establish fiscal controls and accounting procedures.
    (5)
    Establish and collect fees for conducting inspections, laboratory
    analyses andcertifications as may be necessary.
    Section 6. Variances and exemptions.
    (a) Department may authorize variances from a maximum contaminant
    level.—The department may authorize variances from a maximum contami-
    nant level under conditions and in such manner as are deemed-necessary-and
    desirable; provided, however, that such variances shall be granted only upon
    finding that:
    (1) Because of characteristics of the raw water sources which are rea-
    sonably available, the public water system is unable to comply with such
    regulations despite application of the best technology, treatment tech-
    niques or other means which the department finds are generally available.
    (2) The granting of the variance will not result in an unreasonable risk
    to health.
    Notwithstanding the foregoing, variances may be granted for no longer than
    two years, subject to one or more renewals of no longer than two y~ar&-each.

    212
    Act 1984-43
    LAWS OF PENNSYLVANIA
    (b) Variances from treatment technique requirements.—The department
    may authorize variances from a treatment technique required under the
    drinking water standards if the public water system applying for the variance
    demonstrates to the satisfaction of the department that the treatment tech-
    nique is not necessary to protect the health of persons because of the nature
    of the raw water sources of the system.
    (c) Department may authorize exemptions.—The department may
    exempt any public water system from any requirement of an applicable
    drinking water standard upon finding that:
    (1) due to compelling factors, the public water system is unable to
    comply with such requirements;
    (2) the public water system was in operation on the effective date of
    such requirement or, for a system that was not in operation by that date,
    only if no reasonable alternative source of drinking water is available to
    such a new system; and
    (3) the granting of the exemption will not result in an unreasonable
    risk to health.
    All exemptions grantedwith respect to acontaminant level or treatment tech-
    nique prescribed by the Federalregulation shall expire no later than the dates
    prescribed in the Federal act.
    (d) Public notice.—The department shall provide public notice of a
    request for a variance or exemption provided for in subsections (a), (b) and
    (c). This notice shall provide for at least a 30-day public comment period and
    a public hearing before a variance or exemption is granted.
    (e) Board to adopt regulations governing variances and exemptions.—
    Before the department shall grant any variance or exemption, the board shall
    first adopt regulations governing the procedures and conditions under which
    variances or exemptions may be granted.
    Section 7. Permits.
    (a) Community water systems permits required.—It shall be unlawful for
    any person to construct, operate or substantially modify a community water
    system without first havingreceived a written permit from the department. A
    substantial modification is one which may affect quality or quantity of water
    served to the public or maybe prejudicial to the public healthor safety.
    (b) Noncommunity water systems permits required.—It shall be unlaw-
    ful for any person to construct, operate or substantially modify a noncom-
    munity water system without first having received a written permit from the
    department, unless:
    (1) the noncommunity water system is operated under a valid permit
    issued under other law, such as the act of May 23, 1945 (P.L.926, No.369),
    referred to as the Public Eating and Drinking Place Law, or the act of
    June 23, 1978
    (P.L.537,
    No.93), known as the Seasonal Farm Labor Act,
    or the noncommunity water system is a type which the department deter-
    mines can be adequately regulatedthrough standardized specifications-and
    conditions; and
    (2) the noncommunity water system complies with all other require-
    ments of this actand the regulations adopted under it.

    SESSION OF 1984
    Act 1984-43
    213
    (c) No permit required forwaterline extensions.—Nothing in this section
    shall be construed to mean that a permit shall be required by the department
    forwaterlineextensions to apublic water system.
    (d) System distribution map.—The public water supplier shall supply the
    department with a copy of its system distribution map. The public water sup-
    plier shall supply updates of its distribution mapto the department ~annually.
    (e) Applications.—Applications for permits shall be submitted in writing
    to the department in such form and with such accompanying data as shall be
    prescribed by the department, and shall include maps, drawing specifications
    and designers’ reports prepared by a professional engineer, registered to
    practice in Pennsylvania. At the request of the department or any person
    intending to submit an application for a permit, a preapplication conference
    can be conducted between the department and the applicant, the purpose of
    which is to facilitate the filing of the proposed permit application in compli-
    ance with this act. A conference shall be conducted between the department
    and the applicant at the time the application for a permit is submitted to the
    department. If the department determines the permit application is incom-
    plete, it shall request such additional information in writing from the appli-
    cant within 90 calendar days of its receipt of a permit application. The
    department shall grant or deny a permit within 120 calendar days from its
    receipt of an application or within 120 days from its receipt of the written
    response foradditional information.
    (1) Permit fee.—Each application shall be accompanied by a permit fee
    established by regulations under this act.
    (g) Permits issued under prior law.—Any permits issued prior to the
    effective date of this act, under the act of April 22, 1905 (P.L.260, No.182),
    entitled “An act to preserve the purity of the waters of the State, for the pro-
    tection of the public health,” and the act of April 9, 1929 (P.L. 177, No.175),
    known as The Administrative Code of 1929, shall be deemed a permit issued
    pursuant to this act.
    (h) Conditions maybe includedin permit.—The department may include
    in each permit general and specific conditions to insure the proper operation
    of the public water system and the furnishing of an adequate, safe and
    potable supply of water.
    (i) Permit not transferable.—No permit may be transferred without
    written approval by the department.
    (j) Permit issuance and conditions.—The department shall have the
    power to grant a permit if it determines that the proposed water system is not
    prejudicial to the public health and complies with the provisions of this act,
    the regulations adopted hereunder, and all other applicable laws adminis-
    tered by the department. The department may impose such permit terms and
    conditions regarding construction, operation, maintenance, inspection and
    monitoring of the project as are necessary to assure compliance with this act
    andother laws administered by the department.
    (k) Permit suspension, revocation and modification.—The department
    may issue such orders suspending, revoking or modifying permits that are
    necessary to correct any violation of this act or regulations adopted under

    214
    Act 1984-43
    LAWS OF PENNSYLVANIA
    this act, or for noncompliance with a condition of the permit, or upon a
    finding of a condition prejudicial to the public health.
    Section 8. Inspections and recordkeeping requirements.
    (a) Department authorized to inspect, test, etc.—The department is
    authorized 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 in order to determine compliance with this act
    and for this purpose, the duly authorized agents and employees of the
    department are authorized at all reasonable times to enter and examine any
    property, facility, operation or activity.
    (b) Department authorized to establish recordkeeping requirements.—
    The department andits agents are authorized to require any supplier of-water
    to establish and maintain such records and make such reports and furnish
    such information as the department mayprescribe as being necessary to dem-
    onstrate that the supplier is complying with the requirements of this act and
    with the terms and conditions of its water supply permit.
    Section 9. Laboratories.
    (a) Department to establish standards of performance.—The department
    shall establish standards of performance, by rule or regulation, for
    laboratories and laboratory officers which conduct analytical measurements
    for the purpose of ascertaining compliance by public water systems, includ-
    ing bottled and bulk water operations, with the requirements of this act.
    (b) Items to be included in standards.—Such standards may include, but
    are not limited to, equipment, laboratory procedures, standards for ana-
    lytical methods, quality control, staffing, records, reports and any other
    matters that may affect the quality and reliability of laboratory perform-
    ance.
    (c) Laboratories to be inspected.—The department shall periodically
    inspect and certify laboratories and laboratory offices that meet the stan-
    dards established under subsection (a).
    Section 10. Emergencies and imminent hazards.
    (a) Plan to be promulgated for emergencies.—The department, in con-
    junction with the Pennsylvania Emergency Management Agency, shall pro-
    mulgate with the approval of the board, an adequate plan for the provision
    of safe drinking water under emergency circumstances. When in the
    judgment of the department an emergency exists which poses a danger to the
    public health, the department shall notify the Pennsylvania Emergency Man-
    agement Agency. The Pennsylvania Emergency Management Agency and
    the department maytake such actions and issue such orders as may be neces-
    sary to implement the plan and to assure that safe drinking water is available.
    (b) Department may order temporary emergency actions.—The depart-
    ment, upon receipt of information that a contaminant which is present in or
    is likely to entera public water system may present an imminent and substan-
    tial risk to the health of persons, may take or order a public water system to
    take such temporary emergency actions as it deems necessary in order to
    protect the health of such persons. The department may assess the responsi-
    ble water supplier with costs of temporary actions taken by the department,
    except where such action is in the normal course of its duties.

    SESSION OF 1984
    Act 1984-43
    215
    (c) Department may implement emergency measures.—The department
    shall be authorized to implement whatever measures may be necessary and
    appropriate to notify the public of an emergency or imminent hazard and to
    assess costs of notification on the responsible water supplier.
    (d) Priority status foremergency water facilities loans.—When the Penn-
    sylvania Emergency Management Agency determines an emergency exists in
    a public water system which desires a loan from the Water Facilities Loan
    Board, the Pennsylvania Emergency Management Agency shall advise the
    Water Facilities Loan Board of the emergency. The Water Facilities Loan
    Board shall accord loan applications from public water systems with emer-
    gencies designated by the Pennsylvania Emergency Management Agency
    with priority above all nonemergency applications. The emergency priority
    status affects only the order in which loan applications will be considered by
    the Water Facilities Loan Board and does not modify the application
    requirements or standards by which the board determines whether -a loan will
    be offered.
    Section 11. Public notification.
    (a) General rule.—The permittee of a public water supply system shall,
    as soon as practicable, give public notification whenever the public water
    supply system:
    (1) is not in compliance with the regulations adopted to comply with
    national primary drinking water regulations;
    (2) fails to perform monitoring as required by the drinking water stan-
    dards;
    (3) is subject to a variance granted foran inability to meet a maximum
    contaminant level requirement;
    (4) is subject to an exemption; or
    (5)
    fails to comply with the requirements prescribed by a variance or
    exemption.
    (b) Newspaper notice.—Such notice shall be given by the permittee by
    publication in a newspaper of general circulation within the area served by
    such water system at least once every three months so long as the violation,
    variance or exemption continues.
    (c) Direct notice.—Such notice shall also be given with the water bills or
    in writing to the customer at least once every three months so long as the vio-
    lation, variance or exemption continues.
    (d) Noncommunity water systems.—If the public water system is a non-
    community water system, the notice shall be given by conspicuous posting, in
    a location where it can be seen by consumers, rather than in the manner spec-
    ified in subsections (b) and (c).
    (e) Alternate notice.—The department may prescribe alternative notice
    requirements forviolations of other regulations adopted pursuant to this act.
    Section 12. Public nuisances.
    (a) Violation constitutes a public nuisance.—Any violation of any provi-
    sion of this act, any rule or regulation of the department, any order of the
    department, or any term or condition of any permit, shall constitute a public
    nuisance. Any person or municipality committing such a violation shall be

    216
    Act 1984-43
    LAWS OF PENNSYLVANIA
    liable for the costs of abatement of any pollution and any public nuisance
    caused by such violation. The Environmental Hearing Board and any court
    of competent jurisdiction is hereby given jurisdiction over actions to recover
    the costs of such abatement.
    (b) Abatement of violation.—Any activity or condition declared by this
    act to be a nuisance or which is otherwise in violation of this act, shall be
    abatable in the manner provided by law or equity for the abatement of public
    nuisances. In addition, the department may proceed in equity to abate such
    nuisances or to restrain or prevent any violation of this act.
    Section 13. Penalties and remedies.
    (a) Duty to comply with orders of the department.—It shall be the duty
    of any person to proceed diligently to comply with any order issued pursuant
    to section
    5.
    If such person fails to proceed diligently or fails to comply with
    the order within such time, if any, as may be specified, the person shall be
    guilty of contempt and shall be punished by the court in an appropriate
    manner and for this purpose, application may be madeby the department to
    the Commonwealth Court, which court is herebygranted jurisdiction.
    (b) Civil action to compel compliance.—Any person having an interest
    which is or may be adversely affected may commence a civil action on his
    own behalf to compel compliance with this act or any rule, regulation, order
    or permit issued pursuant to this act:
    (1) against the department where there is alleged a failure of the
    department to perform any act which is not discretionary with the depart-
    ment. Jurisdiction for such actions is in Commonwealth Court; or
    (2) against any other person alleged to be in violation of any provision
    of this act or any rule, regulation, order or permit issued pursuant to this
    act. Any other provision of law to the contrary notwithstanding, the
    courts of common pleas shall have jurisdiction of such actions and venue
    in such actions shall be as set forth in the Rules of Civil Procedure con-
    cerningactions in assumpsit.
    (c) Summary offense.—Any person who violates any provision of this
    act, or any rule or regulation of the department, any order of the depart-
    ment, or any condition of any permit of the department issued pursuant to
    this act, is guilty of asummary offense and, upon conviction, shall be subject
    to a fine of not less than $50 nor more than
    $5,000,
    and costs, for each sepa-
    rate offense and, in default of the payment of such fine or costs, a person
    shall be subject to imprisonment for not less than 30 days nor more than 90
    days.
    (d) Misdemeanor of the third degree. —Any person who willfully or neg-
    ligently violates any provision of this act, any rule or regulation of the
    department, any order of the department, or any condition of any permit
    issued pursuant to the act is guilty of a misdemeanor of the third degree and,
    upon conviction, shall be subject to a fine of not less than $1,250 nor more
    than $12,500 for each separate offense or to imprisonment for a period of
    not more than one year, or both.
    (e) Misdemeanor of the second degree.—Any person who, after a con-
    viction of a misdemeanor for any violation within two years as above pro-

    SESSION OF 1984
    Act 1984-43
    217
    vided, willfully or negligently violates any provision of this act, any rule or
    regulation of the department, any order of the department, or any condition
    of any permit issued pursuant to this act is guilty of a misdemeanor of the
    second degree and, upon conviction, shall be subject to a fine of not less than
    $1,250 nor more than $25,000 for each offense or to imprisonment for a
    period of not more than two years, or both.
    (1) Preenforcement conference.—Notwithstanding any other provision
    of this act, before the department shall institute any criminal proceedings
    against any person pursuant to subsections (c), (d) and (e) it shall, in writing,
    provide such person with an opportunity fora preenforcement conference.
    (g) Civil penalties.—In addition to proceeding under any other remedy
    available at law or in equity for a violation of any provision of this act, any
    rule or regulation of the department or order of the department or any term
    or condition of any permit issued by the department, the department may
    assess a civil penalty upon a person for such violation. Such a penalty maybe
    assessed whether or not the violation was willful or negligent. When the
    department assesses a civil penalty, it shall inform the person of the~amount
    of the penalty. The person charged with the penalty shall then have 30 days
    to pay the 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 30 days shall result in a waiver of all legal rights to
    contest the violation or the amount of the penalty. The maximum civil
    penalty which may be assessed pursuant to this section is $5,000 per day for
    each violation. Each violation for each separate day and each violation of
    any provision of this act, any rule or regulation under this act, any order to
    the department or any term or condition of the permit shall constitute asepa-
    rate and distinct offense under this section.
    (h) Penalties to be concurrent.—The penalties and remedies prescribed
    by this act shall be deemed concurrent and the existence of or exercise of any
    remedy shall not prevent the department from exercising any other remedy
    hereunder, at law or in equity.
    (i) Separate offenses.—Violations on separate days shall constitute sepa-
    rate offenses forpurposes of this act.
    (j) Tampering with public water systems.—
    (1) Any person who endangers the health of persons by knowingly
    introducing any contaminant into a public water system or tampering with
    apublic water system shall be fined not more than $50,000 or imprisoned
    fornot more than five years, or both.
    (2) Any person who attempts to endanger or makes a threat to endan-
    ger the health of persons by knowingly introducing any contaminant-into a
    public water system or tampering with a public water system shall be fined
    not more than $20,000 or imprisoned for not more than three years, or
    both.
    (3) The department may bring acivil action in the appropriate court of
    common pleas against any person who endangers, attempts to endanger or
    makes a threat to endanger the health of persons or otherwise renders the

    218
    Act 1984-43
    LAWS OF PENNSYLVANIA
    water unfit for human consumption by the introduction of any contami-
    nant into a public water system or tampering with a public water system.
    The court may impose on such person a civil penalty of not more than
    $50,000 for each day that such endangerment or inability to consume the
    water exists.
    Section 14. Safe Drinking Water Account.
    All fines and penalties collected under the penalty provisions of this act
    and all fees shall be paid into the State Treasury into a special restricted
    receipt account in the General Fund known as the Safe Drinking Water
    Account administered by the department for use in protecting the public
    from the hazards of unsafe drinking water and which funds are hereby
    appropriated to the department for such purposes as are authorized in this
    act.
    Section 15. Continuation of existing rules and regulations.
    All rules and regulations promulgated pursuant to any statutes repealed by
    this act are continued in full force and effect until superseded and repealed
    by rules and regulations promulgated pursuant to this act.
    Section 16. Appropriations of Federal money.
    The following Federal augmentation amounts, or as much thereof as may
    be necessary, are hereby specifically appropriated to supplement the sum
    appropriated from Commonwealth revenues for general government opera-
    tions of the Departmentof Environmental Resources:
    (1) The sum of $1,100,000 for the Safe Drinking Water Act for imple-
    mentation of the Safe Drinking Water Program.
    (2) The sum of $100,000 for the Safe Drinking Water Act for adminis-
    tration in support of the Safe Drinking Water Program.
    Section 17. Administration of grants.
    For purposes of the administration of grants to local health departments
    forenvironmental services pursuant to the act of August 24, 1951 (P.L. 1304,
    No.315), known as the Local Health Administration Law, this act shall be
    deemed to be the successor to the act of April 22, 1905 (P.L.260, No.182),
    entitled “An act to preserve the purity of the waters of the State, forthe pro-
    tection of the public health.” A local health department shall be deemed to
    have satisfied the minimum program activities for water supply programs if
    it undertakes those activities with reference to this act and any regulations
    adopted hereunder. The Department of Health shall amend the regulations
    relating to standards for environmental health services to reflect the provi-
    sions of this act, including the repeals made hereunder. Where the Depart-
    ment of Health amends the standards for environmental health services by
    local health departments to exceed existing activity by local health depart-
    ments in accordance with this act, the additional activity shalLbe funded by
    the department from funds appropriated to the department to carry out the
    purpose of this act.
    Section 18. Repeals.
    The following acts are repealed:
    Act of April 22, 1905 (P.L.260, No.182), entitled “An act to preserve the
    purity of the waters of the State, forthe protection of the public health.”

    SESSION OF 1984
    Act 1984-43
    219
    Act of April 30, 1929 (P.L.897, No.396), entitled “An act regulating the
    manufacturing, bottling, and selling of certain waters, and requiring permits
    therefor; prescribing the authority of the Department of Health and of local
    boards of health and health officers with respect thereto; and providing pen-
    alties.”
    Section 19. Effective date.
    (a) The provisions in section 3, section 4, section
    5(a)
    and (b), section 15
    andsection 16 shall take effect immediately.
    (b) The remaining provisions of this act, including the repealer provi-
    sions of section 18, shall be effective upon publication in the Pennsylvania
    Bulletin of the notice of the pertinent adopted regulations.
    APPROVED—The 1st day of May, A. D. 1984.
    DICK THORNBURGH

    Back to top