[Federal Register Volume 63, Number 26 (Monday, February 9, 1998)]
[Rules and Regulations]
[Pages 6477-6478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3074]
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DELAWARE RIVER BASIN COMMISSION
18 CFR Part 430
Protection Area Permits for New Withdrawals; Amendments to the
Delaware River Basin Commission's Ground Water Protected Area
Regulations for Southeastern Pennsylvania
AGENCY: Delaware River Basin Commission.
ACTION: Final rule.
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SUMMARY: At its January 28, 1998 business meeting, the Delaware River
Basin Commission amended its Ground Water Protected Area Regulations
for Southeastern Pennsylvania by the establishment of numerical
withdrawal limits for subbasins in the Protected Area.
EFFECTIVE DATE: January 28, 1998.
ADDRESSES: Copies of the Commission's Ground Water Protected Area
Regulations for Southeastern Pennsylvania are available from the
Delaware River Basin Commission, P.O. Box 7360, West Trenton, New
Jersey 08628.
FOR FURTHER INFORMATION CONTACT: Susan M. Weisman, Commission
Secretary, Delaware River Basin Commission, (609) 883-9500 ext. 203.
SUPPLEMENTARY INFORMATION: On June 24, 1997 the Commission held a
public hearing on proposed amendments to its Ground Water Protected
Area Regulations for Southeastern Pennsylvania as noticed in the
Federal Register, Vol. 62, No. 90, page 25569, May 9, 1997 and Vol. 62,
No. 117, page 33058, June 18, 1997. The Commission has considered the
extensive testimony and comments from interested parties and has
revised the proposed amendments in response to those comments. A
``Response Document on Proposed Amendments to the Southeastern
Pennsylvania Ground Water Protected Area Regulations'' is available
upon request to Ms. Weisman at the number provided above.
List of Subjects in 18 CFR Part 430
Water supply.
18 CFR Part 430 is amended as follows:
PART 430--GROUND WATER PROTECTION AREA: PENNSYLVANIA
1. The authority citation for Part 430 continues to read as
follows:
Authority: Pub. L. 87-328 (75 Stat. 688).
2. Section 430.13 is amended by adding new paragraphs (h) through
(m), to read as follows:
Sec. 430.13 Protected area permits for new withdrawals.
* * * * *
(h) Dockets and protected area permits may be issued for a duration
of up to ten years and shall specify the maximum total withdrawals that
must not be exceeded during any consecutive 30-day period. Such maximum
total withdrawals shall be based on demands projected to occur during
the duration of the docket or protected area permit.
(i) Ground water withdrawal limits shall be defined for subbasins
in accordance with the provisions of (i)(1) or (2) of this section. The
limits for specific subbasins are set forth in (i)(3) of this section.
(1) Baseflow frequency analyses shall be conducted for all
subbasins in the Southeastern Pennsylvania Ground Water Protected Area.
The analyses shall determine the 1-year-in-25 average annual baseflow
rate. The 1-year-in-25 average annual baseflow rate shall serve as the
maximum withdrawal limit for net annual ground water withdrawals for
subbasins. If net annual ground water withdrawals exceed 75 percent of
this rate for a subbasin, such a subbasin shall be deemed ``potentially
stressed.'' The Commission shall maintain a current list of net annual
ground water withdrawals for all subbasins. ``Net'' annual ground water
withdrawals includes total ground water withdrawals less total water
returned to the ground water system of the same subbasin.
(2) Upon application by the appropriate governmental body or
bodies, the withdrawal limits criteria set forth in (i)(1) of this
section may be revised by the Commission to provide additional
protection for any subbasin identified in (i)(3) of this section with
streams or stream segments designated by the Commonwealth of
Pennsylvania as either ``high quality,'' or ``exceptional value,'' or
``wild,'' or ``scenic,'' or ``pastoral,'' or to correspond with more
stringent requirements in integrated resource plans adopted and
implemented by all municipalities within a subbasin identified in
(i)(3) of this section. Integrated resource plans shall be developed
according to sound principles of hydrology. Such plans shall at a
minimum assess water resources and existing uses of water; estimate
future water demands and resource requirements; evaluate supply-side
and demand-side alternatives to meet water withdrawal needs; assess
options for wastewater discharge to subsurface formations and streams;
[[Page 6478]]
consider stormwater and floodplain management; assess the capacity of
the subbasin to meet present and future demands for withdrawal and
nonwithdrawal uses such as instream flows; identify potential conflicts
and problems; incorporate public participation; and outline plans and
programs including land use ordinances to resolve conflicts and meet
needs. Integrated resource plans shall be adopted and implemented by
all municipalities within a subbasin and incorporated into each
municipality's Comprehensive Plan.
(3) Subject to public notice and hearing, this section may be
updated or revised based upon the following: the completion of baseflow
frequency analyses for the remaining subbasins with the Protected area;
new and evolving information on hydrology and streamflow and ground
water monitoring; or in accordance with (i)(2) of this section. The
potentially stressed levels and withdrawal limits for all delineated
basins and subbasins are set forth below:
Neshaminy Creek Basin
------------------------------------------------------------------------
Potentially Withdrawal
Subbasin stressed limit
(mgy) (mgy)
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West Branch Neshaminy.......................... 1054 1405
Pine Run....................................... 596 795
North Branch Neshaminy......................... 853 1131
Main Stem Doylestown........................... 710 946
Main Stem Warwick.............................. 889 1185
Little Neshaminy Warrington.................... 505 673
Park Creek..................................... 582 776
Little Neshaminy Warminster.................... 1016 1355
Mill Creek..................................... 1174 1565
Main Stem Northampton.......................... 596 794
Newtown Creek.................................. 298 397
Core Creek..................................... 494 658
Ironworks Creek................................ 326 434
Main Stem Lower Neshaminy...................... 3026 4034
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(j) Upon its determination that a subbasin is potentially stressed,
the Commission shall notify all ground water users in the subbasin
withdrawing 10,000 gallons per day or more during any 30-day period of
its determination. If any such users have not obtained a docket or
protected area permit from the Commission, they shall be required to
apply to the Commission within 60 days of notification.
(k) In potentially stressed subbasins, dockets and protected area
permit applications for new or expanded ground water withdrawals must
include one or more programs to mitigate the adverse impacts of the new
or expanded ground water withdrawal. The eligible programs are noted
below. If the remainder of the application and the program(s) submitted
are acceptable, the withdrawal may be approved by the Commission for an
initial three-year period. The applicant shall implement the program(s)
immediately upon Commission approval. If after the three-year period
the program(s) is deemed successful by the Commission, the docket or
permit duration may be extended for up to 10 years. The project sponsor
shall be required to continue the program(s) for the duration of the
docket or permit.
(1) A conjunctive use program that demonstrates the applicant's
capability to obtain at least 15 percent of its average annual system
usage from a reliable surface water supply. An acceptable program shall
include either reservoir storage or an interconnection with a surface
water supplier and an agreement or contract to purchase water from the
supplier for the duration of the docket or permit.
(2) A water conservation program that exceeds the requirements of
Sec. 430.15. For existing water utilities, the program shall reduce
average annual per capita water usage by at least five percent. All
conservation programs shall include water conservation pricing, either
inclining block rates, seasonal rates, or excess-use surcharges, and
plumbing fixture rebate or retrofit components. For self-supplied
users, the program shall include water efficient technologies such as
recycling, reuse, xeriscaping, drip or micro irrigation, or other
innovative technology approved by the Commission.
(3) A program to monitor and control ground water infiltration to
the receiving sewer system. The program must quantify ground water
infiltration to the system and document reductions in infiltration. The
program should include such measures as leakage surveys of sewer mains,
metering of sewer flows in mains and interceptors, analysis of sewer
system flows to quantify infiltration, and remedial measures such as
repair of leaks and joints, main lining, and main replacement.
(4) An artificial recharge or spray irrigation program that
demonstrates a return of at least 60 percent of the total new or
expanded annual withdrawal to the same ground water basin and aquifer
system from which it is withdrawn. The program shall not impair ground
water quality.
(5) An alternative program approved by the Commission to mitigate
the adverse impacts of the new or expanded ground water withdrawal.
(l) The durations of all existing dockets and protected area
permits may be extended by the Commission for an additional five years
if the docket or permit holder successfully implements in either (k)(1)
or (k)(2) of this section. If the docket or permit holder successfully
implements both options, the docket or permit may be extended for an
additional ten years. The Executive Director shall notify all docket
and permit holders potentially affected by this resolution of their
right to file an application to determine their eligibility for
extension.
(m) It is the policy of the Commission to prevent, to the extent
reasonably possible, net annual ground water withdrawals from exceeding
the maximum withdrawal limit. An application for a proposed new or
expanded ground water withdrawal that would result in net annual ground
water withdrawals exceeding the maximum withdrawal limit established in
paragraph (i)(3) of this section shall set forth the applicant's
proposal for complying with the Commission's policy, with such
supporting documentation as may be required by the Executive Director.
Notification of the application shall be given to all affected existing
water users who may also submit comments or recommendations for
consideration by the Commission on the pending application. In taking
action upon the application, the Commission shall give consideration to
the submissions from the applicant and affected water users. If the
Commission determines that it is in the public interest to do so, it
may reduce the total of proposed and existing ground water withdrawals
within a subbasin to a level at or below the withdrawal limit. Unless
otherwise determined by the Commission, docket and permit holders shall
share equitably in such reductions.
Dated: January 29, 1998.
Susan M. Weisman,
Secretary.
[FR Doc. 98-3074 Filed 2-6-98; 8:45 am]
BILLING CODE 6360-01-P