25 Pa. Code § 78a.69 - Water management plans
(a)
General.
(1) Except as
provided in paragraph (2), a person may not withdraw or use water from water
sources within this Commonwealth for drilling or hydraulic fracture stimulation
of any natural gas well governed by this chapter except in accordance with a
WMP approved by the Department. The WMP must demonstrate that the withdrawal
and use of the water sources protects those water sources as required by law
and protects public health, safety and welfare.
(2) A water purveyor that has a water
allocation permit or order of confirmation under the act of June 24, 1939 (P.L.
842, No. 365) (32 P.S. §§
631-641), known as the Water Rights Law, or a
safe drinking water permit under the Pennsylvania Safe Drinking Water Act
(35
P.S. §§
721.1-721.17), as
applicable, is not required to apply for a WMP under this
section.
(b)
WMP
requirements. A WMP must meet the following requirements:
(1) Protect instream flow.
(2) Prevent adverse effects on quantity and
quality of water available to other users.
(3) Protect and maintain designated and
existing uses of water sources.
(4)
Prevent adverse impacts to water quality in the watershed considered as a
whole.
(5) Protect groundwater
resources including nearby water wells.
(6) Provide for water
reuse.
(c)
Application requirements. A request for approval under this
section shall be submitted on forms furnished by the Department and must
include, but not be limited to, the following:
(1) General water source information
including identification of source name, source type, average daily and
instantaneous maximum withdrawal rates.
(2) A plan for monitoring and reporting of
water sources and uses.
(3) A low
flow analysis.
(4) A withdrawal and
diversion impact analysis.
(5) A
description of how the proposed withdrawal will not adversely affect the
quantity or quality of water available to other users of the same water
sources. When obtaining water from a water purveyor, the application must
include a description of how the withdrawal will not adversely affect the water
purveyor's system.
(6) For surface
water sources:
(i) An operations plan that
includes an intake design, a flow schematic showing how water is to be
withdrawn, a site layout and a footprint for each surface water
withdrawal.
(ii) A description of
measures to be taken to prevent the rapid movement of invasive, harmful or
nuisance species by vehicles, equipment or other facilities from one site to
another.
(7) For
groundwater sources, a well report that includes information necessary to
evaluate:
(i) Proper well
construction.
(ii) The hydraulic
characteristics of the aquifer.
(iii) The suitability of the proposed
groundwater source.
(iv) Proper
well abandonment.
(v) Information
consistent with Department guidance, including the Public Water Supply
Manual, Commonwealth of Pennsylvania, Department of Environmental
Protection, No. 383-2125-108, as amended and updated, and the
Groundwater Monitoring Guidance Manual, Commonwealth of
Pennsylvania, Department of Environmental Protection, No. 383-3000-001, as
amended and updated, satisfies this requirement.
(8) A reuse plan for fluids that will be used
to hydraulically fracture wells. Proof of a wastewater source reduction
strategy in compliance with §
95.10(b)
(relating to treatment requirements for new and expanding mass loadings of
Total Dissolved Solids (TDS)) satisfies the reuse plan requirement.
(9) Proof of consultation with the
Pennsylvania Natural Heritage Program regarding the presence of a State or
Federal threatened or endangered species at the location of a
withdrawal.
(10) Proof of
notification of the proposed withdrawal to municipalities and counties where
the water source will be located.
(11) Proof of consultation with the
Pennsylvania Historic and Museum Commission regarding the presence of a
historical or archaeological site included on the Federal or State list of
historical places at the location of a withdrawal.
(d)
Approval of WMPs. The
Department will presume that the requirements in subsection (b) and section
3211(m)(2) of the act (relating to well permits) are met when an approval from
the Susquehanna River Basin Commission, the Delaware River Basin Commission or
the parties to the Great Lakes-St. Lawrence River Basin Water Resources Compact
is obtained for a water withdrawal, to the extent that the requirements in
subsection (c) are considered in granting the approval.
(e)
Operational
requirements. A person whose WMP has been approved by the Department
shall comply with the WMP, and shall meet the following:
(1) Prior to any withdrawal, post a sign at
the entrance to the water source withdrawal location displaying the name of the
person and contact telephone number, water withdrawal approval conditions
including daily withdrawal volume, maximum instantaneous withdrawal rate and
passby flow requirements, if applicable, and the WMP water source expiration
date.
(2) Measure water withdrawals
and purchases using continuous-recording devices or flow meters. Water sources
having passby flow conditions shall conduct instream flow monitoring and
measuring using methods acceptable to the Department.
(3) Submit reports to the Department by
electronic means consisting of daily withdrawal volumes, in-stream flow
measurements or water source purchases, or both, as required by the
Department.
(4) Retain withdrawal
data and daily instream flow measurements and purchases for at least 5 years.
These records shall be available for review by the Department upon
request.
(f)
Administration of WMPs.
(1)
Approvals for individual water sources within a WMP are valid for 5
years.
(2) A WMP renewal
application shall be submitted at least 6 months prior to the expiration of the
5-year term for withdrawal or use of a water source under a WMP.
(3) The Department may suspend or revoke an
approved water source within a WMP for failure to comply with the WMP or for
any reasons in section 3211(m) of the act and sections 3252 and 3259 of the act
(relating to public nuisances; and unlawful conduct).
(4) A person whose WMP has been approved by
the Department may terminate approval of any water source within an approved
WMP by submitting a letter to the Department's Oil and Gas District Office
requesting termination of the water source approval.
(g)
Denial. The Department
may deny an application for a WMP for either of the following reasons:
(1) The WMP application is administratively
incomplete.
(2) The WMP application
does not demonstrate that the requirements of this section will be
met.
Notes
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