Rep. Dan Moul (R-Adams) Thursday reserved House Bill 2222 for the purpose of introducing legislation to have the Department of Environmental Protection replace the interstate Delaware and Susquehanna River Basin Commissions in the regulation of groundwater and extend that authority statewide.

The bill would also require DEP to submit any new or amended regulations to regulate groundwater to the House and Senate Environmental Resources and Energy Committees for their approval before the regulations could be promulgated.

This procedure is substantially different from the detailed review procedures established under the Regulatory Review Act which requires no legislative approval before regulations are allowed to proceed.

In a co-sponsor memo circulated to House colleagues in February, Rep. Moul said, “Currently, there are several entities that issue this type of [groundwater] regulation including the DEP and the Susquehanna and Delaware River Basin Commissions.

“This joint authority often requires water users to engage in duplicative efforts in attempting to comply with overlapping regulations, leading to great expense to the water users in our communities.”

[Note: DEP has no statutory authority to regulate the withdrawal of groundwater.  It only has authority to regulate the withdrawal of water by supply water companies from surface water sources. 

[DEP can only collect information on how much water is being withdrawn from surface and ground water sources under the Water Resources Planning Act of 2002.

[In fact, the 2002 Act specifically says, “Nothing in this paragraph shall be construed to authorize a delegation to the Statewide committee or the department of any power to regulate, control or require permits for the withdrawal or use of water.”

[In addition, no state or federal statutory authority exists to regulate the withdrawal of ground or surface water from sources in the Ohio River Watershed in the entire Western part of the state.

[Both the Susquehanna and Delaware River Compacts has explicit authority to regulate ground and surface water withdrawals in their respective areas.]

Rep. Moul’s memo went on to say, “My legislation would make DEP the exclusive authority to regulate groundwater within the Commonwealth and to impose fees, fines or penalties on the use, withdrawal, or retention of groundwater.”

The idea for this legislation came from a series of hearings by the House State Government Committee last year prompted by Rep. Moul who alleged the Susquehanna River Basin Commission fees and other requirements went beyond its authority.

Rep. Daryl Metcalfe (R-Butler), Majority Chair of the Committee, went so far as to say the members of the General Assembly who originally adopted the Susquehanna River Basin Compact were either incompetent, negligent or corrupt.

Click Here for a sponsor summary.  No bill text is yet available online.

Related Story:

Rep. Metcalfe: PA Leaders That Adopted Susquehanna River Basin Compact Were Incompetent, Negligent Or Corrupt

[Posted: April 5, 2018]

4/9/2018