Delaware River Basin Commission § 430.13 drilling. Such notice shall be in writing (2) A written report prepared by a and shall specify the location of pro- hydrogeologist describing the expected posed new facility, the anticipated rate effects of the proposed withdrawal on of withdrawal, and the general purpose existing wells, flows of perennial of the proposed water use. The notice streams and the long-term lowering of shall also state the location of existing ground water levels. wells within the radius set forth in (3) A log showing the nature of sub- § 430.21(a). surface material encountered during (b) Whenever the Executive Director the construction and installation of shall deem necessary, or upon request the exploratory or production well(s). of a party proposing a new or expanded (4) The detailed results of extended withdrawal of ground water, an infor- pump tests, of not less than 48 hours mal conference may be scheduled to re- duration, and records of observations view the nature of the proposed with- during such pump tests from represent- drawal, the applicability of the Com- ative monitoring wells. mission’s standards relating to ground (b) Applications for a protected area water, and the requirements of a pro- permits whose daily average with- tected area permit under this regula- drawal during any calendar month is in tion. excess of 10,000 gallons shall be accom- panied by an application fee of $100. § 430.13 Protected area permits for new withdrawals. Government agencies shall be exempt from such application fee. Any person, firm, corporation or (c) If the application for a protected other entity who proposes to develop a area permit is for a daily average with- new ground water withdrawal or ex- drawal during any calendar month in pand an existing ground water with- excess of 100,000 gallons, it shall be ac- drawal for any purpose within the companied by such other information Southeastern Pennsylvania Ground or exhibits required by Article 3 of the Water Protected Area shall be required Commission’s Rules of Practice and to obtain a protected area permit Procedure. In such cases, only the ap- under this regulation if the proposed plication fee required by the Rules will new or increased rate of withdrawal be assessed. from a well or group of wells operated as a system average more than 10,000 (d) To qualify for approval of a pro- gallons per day over a 30-day period. tected area permit, the owner or spon- Whenever the Executive Director, upon sor of the proposed withdrawal shall investigation or upon a reference from demonstrate that: a state or federal agency, determines (1) The proposed withdrawal is con- that a new or increased withdrawal sistent with the Commission’s Com- from a group of wells within the pro- prehensive Plan and the policies and tected area, whether or not such wells purposes of these regulations. are operated as a system, may have a (2) Opportunities to satisy water re- substantial effect on the water re- quirements on a timely basis from ex- sources of the basin or is likely to have isting available supplies and facilities a significant adverse effect on other have been explored and found infeasi- water uses within the protected area, ble. the Commission may direct a notice to (3) The proposed withdrawal, in con- the owners or sponsors of such wells, junction with other withdrawals in the and require such owners or sponsors to applicable ground water basin, will not apply for and obtain a protected area exceed withdrawal limits of a ground permit under this regulation. water basin, aquifer or aquifer system. (a) Applications for a protected area (4) The proposed withdrawal will not permit shall be submitted to the Com- significantly impair or reduce the flow mission on forms approved by the Ex- of perennial streams in the area. ecutive Director. Each application (5) Existing ground and surface water shall be accompanied by the following withdrawals will not be adversely im- information: pacted, or will be otherwise assured of (1) A map indicating the location of adequate supplies in accordance with existing wells and perennial streams. the requirements of § 430.19 of this part. 41 VerDate Nov<24>2008 08:18 Apr 28, 2010 Jkt 220058 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 C:\220058.XXX ofr150 PsN: PC150 § 430.13 18 CFR Ch. III (4–1–10 Edition) (6) The proposed withdrawal will not device that senses abnormally low or cause substantial, permanent adverse abnormally high refrigerant pressures; impact to the overlying environment. (8) Any drilled well holes that are (7) The owner or sponsor has adopted abandoned shall be sealed with a min- and will implement conservation and imum of ten feet of cement grout. Ad- management programs as required by ditional seals may be required to sepa- § 430.15 of this part. rate different water-bearing zones. (e) Ground water withdrawals for (g) Protected area permits shall be space heating or cooling purposes that approved or disapproved by the Execu- are less than 100,000 gallons per day tive Director with the concurrence of shall be exempt from obtaining a pro- the Pennsylvania member of the Com- tected area permit provided that the mission or his alternate. water withdrawn is returned locally, (h) Dockets and protected area per- and to the same ground water basin mits may be issued for a duration of up and aquifer system from which it is to ten years and shall specify the max- withdrawn, undiminished in quantity imum total withdrawals that must not and quality (except temperature). be exceeded during any consecutive 30- Ground water withdrawals for space day period. Such maximum total with- heating or cooling that are subse- drawals shall be based on demands pro- quently used for commercial or indus- jected to occur during the duration of trial water supply purposes are subject the docket or protected area permit. to Commission withdrawal and waste- (i) Ground water withdrawal limits water discharge regulations. Ground shall be defined for subbasins in ac- water withdrawals exempted pursuant cordance with the provisions of (i)(1) or to this subsection shall be subject to (2) of this section. The limits for spe- the registration requirements of cific subbasins are set forth in (i)(3) of § 430.17. this section. (f) All ground water withdrawal (1) Baseflow frequency analyses shall projects exempted by subsection ‘‘e’’ be conducted for all subbasins in the above shall be constructed in conform- Southeastern Pennsylvania Ground ance with accepted industry practice Water Protected Area. The analyses and as a minimum shall comply with shall determine the 1-year-in-25 aver- the following standards: age annual baseflow rate. The 1-year- (1) All wells shall be drilled by a in-25 average annual baseflow rate Pennsylvania licensed well driller and shall serve as the maximum with- a Water Well Inventory Report shall be drawal limit for net annual ground completed and filed with the Pennsyl- water withdrawals for subbasins. If net vania Department of Environmental annual ground water withdrawals ex- Resources (PADER); ceed 75 percent of this rate for a (2) No wells shall be located within a subbasin, such a subbasin shall be 100-year floodway; deemed ‘‘potentially stressed.’’ The (3) All wells shall have top of casing Commission shall maintain a current extended a minimum of one foot above list of net annual ground water with- the 100-year flood elevation; drawals for all subbasins. ‘‘Net’’ annual (4) All wells shall have the casing ground water withdrawals includes protruding a minimum of six inches total ground water withdrawals less above the immediate surrounding total water returned to the ground grade; water system of the same subbasin. (5) The area around all wells or well (2) Upon application by the appro- pits shall be constructed and/or graded priate governmental body or bodies, to prevent the entrance of surface the withdrawal limits criteria set forth waters; in (i)(1) of this section may be revised (6) All wells shall be accessible for in- by the Commission to provide addi- spection and shall have an access hole tional protection for any subbasin for water level measurements; identified in (i)(3) of this section with (7) In order to protect against signifi- streams or stream segments designated cant leaks of refrigerant, all ground by the Commonwealth of Pennsylvania water heat pump systems shall be as either ‘‘high quality,’’ or ‘‘excep- equipped with an automatic shutdown tional value,’’ or ‘‘wild,’’ or ‘‘scenic,’’ 42 VerDate Nov<24>2008 08:18 Apr 28, 2010 Jkt 220058 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 C:\220058.XXX ofr150 PsN: PC150 Delaware River Basin Commission § 430.13 or ‘‘pastoral,’’ or to correspond with ment; assess the capacity of the more stringent requirements in inte- subbasin to meet present and future de- grated resource plans adopted and im- mands for withdrawal and nonwith- plemented by all municipalities within drawal uses such as instream flows; a subbasin identified in (i)(3) of this identify potential conflicts and prob- section. Integrated resource plans shall lems; incorporate public participation; be developed according to sound prin- and outline plans and programs includ- ciples of hydrology. Such plans shall at ing land use ordinances to resolve con- a minimum assess water resources and flicts and meet needs. Integrated re- existing uses of water; estimate future source plans shall be adopted and im- water demands and resource require- plemented by all municipalities within ments; evaluate supply-side and de- a subbasin and incorporated into each mand-side alternatives to meet water municipality’s Comprehensive Plan. withdrawal needs; assess options for (3)(i) The potentially stressed levels wastewater discharge to subsurface for- and withdrawal limits for all delin- mations and streams; consider eated basins and subbasins are set stormwater and floodplain manage- forth below: Potentially Withdrawal Subbasin Stressed Limit (mgy) (mgy) 1 Neshaminy Creek Basin West Branch Neshaminy Creek Basin .........................................................................................