Relation to other laws - 27 Pa. Cons. Stat. § 3136

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     § 3136.  Relation to other laws.
        (a)  Limitations upon department.--Nothing contained in this
     chapter shall be construed to authorize, diminish or expand the
     existing authority of the department, including the
     Environmental Quality Board, to regulate, control or require
     permits for the withdrawal or use of water. Nothing contained in
     this chapter shall be construed to authorize, diminish or expand
     the existing authority of the department under the act of June
     22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.
     Further, nothing set forth in this chapter, any regulations
     adopted under this chapter or in the State water plan shall
     authorize the department to take any action to:
            (1)  Modify or impair any permits, agreements or other
        approvals issued under other State statutes or vested rights
        related to water withdrawals or uses.
            (2)  Interfere with or impose additional conditions upon
        the use or operation of any existing reservoir or water
        storage facility.
            (3)  Regulate or impose any conditions upon any activity
        or use not currently authorized under applicable State
        statutes and regulations.
        (b)  Limitations on water allocation authority.--The General
     Assembly reiterates the declarations of other statutes
     reflecting the need to manage water resources on a watershed
     basis without respect to political boundaries and the
     understanding that water management programs should be based
     upon an accurate and current State water plan. Accordingly, no
     political subdivision shall have any power to allocate water
     resources or to regulate the location, amount, timing, terms or
     conditions of any water withdrawal by any person.
        (c)  Limitations on municipalities.--Nothing in subsection
     (b) shall affect the power of any municipality to adopt and
     enforce ordinances pursuant to 35 Pa.C.S. Pt. V (relating to
     emergency management services) or regulate the use of land
     pursuant to the Pennsylvania Municipalities Planning Code or
     other laws. Further, each municipality shall retain and may
     exercise such authority as conferred by other statutes to adopt
     ordinances and regulations concerning:
            (1)  mandatory connection to and use of available public
        water supplies; and
            (2)  the prohibition or regulation of withdrawals from
        particular sources of water that may be contaminated in order
        to protect public health and safety from exposure to the
        contamination or avoid the induced migration of the
        contamination.
        (d)  Limitations relating to compacts.--Nothing in this
     chapter shall be construed to supersede or abrogate any
     provisions of the act of July 7, 1961 (P.L.518, No.268), known
     as the Delaware River Basin Compact, or the act of July 17, 1968
     (P.L.368, No.181), referred to as the Susquehanna River Basin
     Compact Law, and this chapter shall be construed in pari materia
     with such compacts.

Last modified: November 27, 2007