3102 - Definitions.
§ 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 (ii) Information reporting the total amount of water withdrawn by a facility or the total amount of water used for consumptive uses or nonconsumptive uses by a facility.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during their manufacture, evaporation, diversion out of a basin or any other process to the extent that the water withdrawn is not returned to the waters of a basin.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.