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Definitions - 27 Pa. Cons. Stat. § 3102

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     § 3102.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Basin."  The watershed of one of the following major rivers
     or hydrologic systems: the Delaware River, the Great Lakes, the
     Ohio River, the Potomac River and the Susquehanna River.
        "Clean Streams Law."  The act of June 22, 1937 (P.L.1987,
     No.394), known as The Clean Streams Law.
        "Compact Basin Commission."  An interstate commission having
     jurisdiction with respect to the planning, development or
     regulation of water resources within a basin in Pennsylvania,
     created by interstate compact or Federal-interstate compact.
        "Confidential information."
            (1)  Records, reports or information or a particular
        portion thereof that, if made public, would:
                (i)  divulge production or sales figures or methods,
            processes or production unique to a person;
                (ii)  otherwise tend to affect adversely the
            competitive position of a person by revealing trade
            secrets, including intellectual property rights; or
                (iii)  present threats to the safety and security of
            water supplies, including information concerning public
            water supply agency vulnerability assessments.
            (2)  The term does not include any of the following:
                (i)  Information identifying the general source of
            water used by a facility.
                (ii)  Information reporting the total amount of water
            withdrawn by a facility or the total amount of water used
            for consumptive uses or nonconsumptive uses by a
            facility.
        "Conservation district."  A county declared to be a
     conservation district by a resolution of its board of county
     commissioners.
        "Consumptive use."  The loss of water from a groundwater or
     surface water source through a manmade conveyance system,
     including such water that is purveyed through a public water
     supply system, due to transpiration by vegetation, incorporation
     into products during their manufacture, evaporation, diversion
     out of a basin or any other process to the extent that the water
     withdrawn is not returned to the waters of a basin. Deep well
     injection shall not be considered a return of waters to a basin.
        "Critical area resource plan."  A plan developed under
     section 3112(d) (relating to plan contents) for any watershed or
     watersheds within a critical water planning area.
        "Critical water planning area."  An area identified under
     section 3112(a)(6) or (d)(1) (relating to plan contents).
        "Deep well injection."  Injection of waste or wastewater
     substantially below aquifers containing fresh water.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Domestic use."  The use of water for personal needs and
     ordinary household purposes.
        "Environmental Hearing Board."  The board established under
     the act of July 13, 1988 (P.L.530, No.94), known as the
     Environmental Hearing Board Act.
        "Environmental Quality Board."  The board established under
     section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
     known as The Administrative Code of 1929.
        "Groundwater."  Water beneath the surface of the ground
     within a zone of saturation, whether or not flowing through
     known and definite channels or percolating through underground
     geologic formations and regardless of whether the result of
     natural or artificial recharge. The term includes water
     contained in aquifers, artesian and nonartesian basins,
     underground watercourses and other bodies of water below the
     surface of the earth.
        "Hydrologic unit."  A unit of surface water or groundwaters,
     or both, which are interconnected and hydrologically related.
     The term includes a surface watershed or basin, groundwater
     basin, aquifer or aquifer system.
        "Municipalities Planning Code."  The act of July 31, 1968
     (P.L.805, No.247), known as the Pennsylvania Municipalities
     Planning Code.
        "Municipality."  Any county, city, borough, town, township or
     home rule municipality or any agency or authority created by any
     one or more of the foregoing.
        "Nonconsumptive use."  A use of water withdrawn from water
     resources of this Commonwealth in such manner that it is
     returned to its basin of origin. Where only a portion of the
     water withdrawn is returned to the basin of origin, that portion
     which is returned is a nonconsumptive use, and the portion of
     water withdrawn which is not returned to the basin of origin is
     a consumptive use.
        "Nonwithdrawal use."  The functions of or activities in water
     that is not withdrawn from a water resource, including, but not
     limited to, navigation, in-stream hydropower production,
     recreation, fish and wildlife habitat and the aquatic
     environment.
        "Person."  An individual, partnership, association, company,
     corporation, municipality, municipal authority, Federal or
     Commonwealth administrative agency or an entity which is
     recognized by law as the subject of rights and obligations. The
     term shall include the officers, employees and agents of any
     legal entity.
        "Public water supply agency."  A community water system as
     defined by the act of May 1, 1984 (P.L.206, No.43), known as the
     Pennsylvania Safe Drinking Water Act, or any person subject to
     the act of June 24, 1939 (P.L.842, No.365), referred to as the
     Water Rights Law.
        "Reasonable and beneficial use."  The use of water for a
     useful and productive purpose, which is reasonable considering
     the rights of other users and consistent with the public
     interest, in a quantity and manner as is necessary for efficient
     utilization. The term includes withdrawal and nonwithdrawal
     uses.
        "Region."  One of the six regions established in section 3113
     (relating to regional committees).
        "Regional committee."  A regional water resources committee.
        "Safe Drinking Water Act."  The act of May 1, 1984 (P.L.206,
     No.43), known as the Pennsylvania Safe Drinking Water Act.
        "Safe yield."  For purposes of the State water plan, the
     amount of water that can be withdrawn from a water resource over
     a period of time without impairing the long-term utility of a
     water resource such as dewatering of an aquifer, impairing the
     long-term water quality of a water resource, inducing a health
     threat or causing irreparable or unmitigated impact upon
     reasonable and beneficial uses of the water resource. Safe yield
     of a particular water source is primarily to be determined based
     upon the predictable rate of natural and artificial
     replenishment of the water source over a reasonable period of
     time.
        "Secretary."  The Secretary of Environmental Protection of
     the Commonwealth.
        "State water plan."  The plan adopted under section 3115
     (relating to development, adoption, amendment and periodic
     review of State water plan). Prior to adoption of the State
     water plan in accordance with section 3115, the term shall mean
     the State water plan previously adopted and published in
     accordance with section 1904-A of the act of April 9, 1929
     (P.L.177, No.175), known as The Administrative Code of 1929.
        "Statewide committee."  The Statewide Water Resources
     Committee.
        "Surface water."  Water on the surface of the earth,
     including water in a perennial or intermittent watercourse,
     lake, reservoir, pond, spring, wetland, estuary, swamp or marsh,
     or diffused surface water, whether such body of water is natural
     or artificial. The term does not include recirculated process
     water or wastewater stored in an off-stream impoundment, pond,
     tank or other device unless such water or wastewater is
     withdrawn and used by a person other than the person who
     initially withdrew the water from a water resource or obtained
     such water from a public water supply agency.
        "Water availability evaluation."  An assessment of available
     safe yield of water in an area, both groundwater and surface
     water, including natural recharge capability, and an estimate of
     the present reasonable and beneficial uses and of the reasonable
     and beneficial uses for 20 years ahead by various categories
     such as in-stream, agricultural, domestic, energy development
     and production, industrial and recreational uses.
        "Water conservation practices and measures."  Those practices
     and measures which are technically feasible and economically
     practicable and which are designed to accomplish any of the
     following:
            (1)  Reduce the demand for water.
            (2)  Improve efficiency in water use and reduce leakage,
        losses and waste of water.
            (3)  Improve reuse and recycling of water.
            (4)  Improve land management practices to conserve water
        or to preserve or increase groundwater recharge.
        "Watercourse."  A distinct natural or artificial body of
     water flowing perennially or intermittently in a defined channel
     with bed and banks. The term includes a river, creek, stream,
     slough or canal.
        "Water resource."  Surface water or groundwater, within or on
     the boundaries of this Commonwealth.
        "Water resources emergency."  A drought or other water
     resource shortage declared by proclamation of the Governor that
     would result in a substantial and immediate shortage of
     available water supply in a region and that would be of
     sufficient severity and magnitude to warrant coordinated action
     to prevent or alleviate damage to property, human suffering,
     hardship or threats to health, safety, welfare and fish and
     wildlife habitat.
        "Water Rights Law."  The act of June 24, 1939 (P.L.842,
     No.365), referred to as the Water Rights Law.
        "Watershed."  The drainage area of a watercourse of a minimum
     drainage area determined in accordance with guidelines developed
     pursuant to section 3115(a)(2) (relating to development,
     adoption, amendment and periodic review of State water plan).
        "Withdrawal."  The removal or taking of water from any water
     resource, whether or not returned to the water resource.
        "Withdrawal use."  Any use of water which is withdrawn,
     including, but not limited to, domestic, municipal, public,
     commercial, industrial, energy development and production and
     agricultural water supply. The term includes the use of water
     transferred through interconnections but shall not include
     transfer of water within a system operated by the same public
     water supply agency.

Last modified: November 27, 2007