Senate Bill No. 305

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PRINTER'S NO. 282
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 302011-02-02
INTRODUCED BY M. WHITE, ORIE, FOLMER, ERICKSON, VOGEL, D. WHITE,
MENSCH, EARLL, PICCOLA AND BAKER, JANUARY 27, 2011
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 27, 2011
AN ACT
1 Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
2 as amended, "An act to preserve and improve the purity of the
3 waters of the Commonwealth for the protection of public
4 health, animal and aquatic life, and for industrial
5 consumption, and recreation; empowering and directing the
6 creation of indebtedness or the issuing of non-debt revenue
7 bonds by political subdivisions to provide works to abate
8 pollution; providing protection of water supply and water
9 quality; providing for the jurisdiction of courts in the
10 enforcement thereof; providing additional remedies for
11 abating pollution of waters; imposing certain penalties;
12 repealing certain acts; regulating discharges of sewage and
13 industrial wastes; regulating the operation of mines and
14 regulating the impact of mining upon water quality, supply
15 and quantity; placing responsibilities upon landowners and
16 land occupiers and to maintain primary jurisdiction over
17 surface coal mining in Pennsylvania," in domestic water
18 supplies, providing for permits relating to National
19 Pollutant Discharge Elimination System.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The act of June 22, 1937 (P.L.1987, No.394),
23 known as The Clean Streams Law, is amended by adding a section
24 to read:
25 Section 504. Permits relating to National Pollutant
26 Discharge Elimination System.--Except as otherwise provided
1 under the Federal Water Pollution Control Act (62 Stat. 1155, 33
2 U.S.C. § 1251 et seq.) or Federal regulation, the department
3 shall not require, consistent with section 402(l)(2) of the
4 Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. §
5 1342(l)(2)), a National Pollutant Discharge Elimination System
6 permit for a storm water discharge associated with construction
7 activity for oil and gas construction activity, unless the oil
8 and gas construction activity contributes to a violation of
9 water quality standards.
10 Section 2. This act shall take effect in 60 days.
20110SB0305PN0282 - 2 -
2011-02-02