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Resolution No. 2001-8: Amendment to the Delaware River Basin Commission's Water Code and Comprehensive Plan to Establish Water Usage Reporting Requirements

Please note: Resolution 2001-8 superceded by Resolution 2009-1 effective January 1, 2012.

A RESOLUTION to amend the Comprehensive Plan and Water Code of the Delaware River Basin Commission in relation to information requirements for water usage.

WHEREAS, the Delaware River Basin Commission manages the Basin's water resources; and

WHEREAS, water use data are critical for the effective management of the Basin's water resources and are needed to develop consumptive use estimates, project water use trends, establish water budgets, assess water resource needs and evaluate the effectiveness of water conservation programs; and

WHEREAS, on June 25, 1986 the Delaware River Basin Commission adopted Resolution No. 86-12, which requires source metering and recording of surface and ground water withdrawals that exceed an average of 100,000 gallons per day during any 30 day period; and

WHEREAS, Resolution No. 86-12 requires that water suppliers report monthly water withdrawals to designated state agencies; however, the data are inconsistent or incomplete because the resolution does not specify the types of information to be reported; and

WHEREAS, on April 22, 1987 the Delaware River Basin Commission adopted Resolution No. 87-7, amended on September 28, 1988, which requires service metering and recording for water supply systems serving the public that distribute water supplies in excess of an average of 100,000 gallons per day during any 30 day period; and

WHEREAS, Resolution No. 87-7 (Revised) does not require water suppliers to report service metering information such as water use by usage category and this information is critical for evaluating how and where water is being utilized in the Basin; and

WHEREAS, the Water Management Advisory Committee recommends that the Commission expand its policy on source and service metering to require reporting of specific water use information; and

WHEREAS, this proposed resolution provides that in the absence of an administrative agreement between the Commission and the state agency serving as the designated agency, the Commission shall administer and enforce the regulations; and

WHEREAS, to ensure consistency, a similar revision as to administration and enforcement is proposed in Sections 2.50.1 and 2.50.2; and

WHEREAS, the Commission held public hearings on January 9, 2001 and April 19, 2001 regarding this proposed resolution and has received and considered testimony from water users and other interested parties; and

WHEREAS, the Water Management Advisory Committee revised the proposed amendment in response to the comments and testimony received and the committee recommends that the revised proposal be adopted by the Commission; now therefore

BE IT RESOLVED by the Delaware River Basin Commission:

The Comprehensive Plan and Article 2 of the Delaware River Basin Water Code are hereby amended by the revision of Section 2.50.1, Subsection G, and Section 2.50.2, Subsections A, C, and D, and by the addition of a new subsection 2.50.3 to read as follows:

2.50.1 Service Metering

G. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director is hereby authorized to enter into administrative agreements with the Delaware Department of Natural Resources and Environmental Control, New Jersey Department of Environmental Protection, New York Department of Health, Pennsylvania Department of Environmental Protection, and other state agencies where appropriate, authorizing such agencies to administer and enforce the provisions of this regulation to the extent practicable and to adopt such rules and regulations of procedure as may be necessary to insure the proper administration and enforcement of this regulation. In the absence of an administrative agreement, the Commission shall serve as the administration and enforcement agency for this regulation.

2.50.2 Source metering, recording and reporting

A. Each person, firm, corporation, or other entity whose cumulative daily average withdrawal(s) from the surface and/or ground waters of the Basin from any surface water intake, spring, or well, or any combination of surface water intakes, springs, or wells operated as a system, exceeds 100,000 gallons per day during any 30-day period shall meter or measure and record their withdrawals and report such withdrawals to the designated agency. Withdrawals shall be measured by means of an automatic continuous recording device, flow meter, or other method, and shall be measured to within five percent of actual flow. Exception to the five percent performance standard, but no greater than ten percent, may be granted for surface water withdrawals by the designated agency if maintenance of the five percent performance standard is not technically feasible or economically practicable. Meters or other methods of measurement shall be subject to approval and inspection by the designated agency as to type, method, installation, maintenance, calibration, reading, and accuracy. Withdrawals shall at a minimum be recorded on a daily basis for public water supply use and on a biweekly basis for all other water uses, and reported as monthly totals annually. More frequent recording or reporting may be required by the designated agency or the Commission.

C. The following are the designated agencies for the purposes of this regulation: Delaware Department of Natural Resources and Environmental Control; New Jersey Department of Environmental Protection; and Pennsylvania Department of Environmental Protection. The Delaware River Basin Commission shall serve as the designated agency for administering and enforcing this regulation in the New York portion of the basin.

D. Pursuant to Section 11.5 of the Compact, the designated agencies shall administer and enforce programs for metering, recording and reporting of water withdrawals, in accordance with this regulation and any applicable state regulations.

2.50.3 Reporting Requirements

A. Year 2000 Reporting Requirements

1. Water Supply Systems Serving the Public. The owner(s) of each water supply system serving the public and subject to requirements under subsection 2.50.1, subsection 2.50.2, and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data for the year 2000 to the designated agency.

a. Source Data

i. Withdrawals. The following data shall be reported for each withdrawal source separately (i.e. each well or surface water intake).

- Year - 2000
- Facility Identification Code (State Code)
- State Permit Number
- DRBC Docket Number(s)
- Facility Name
- Source Type: Surface Water/Ground Water
- Source Name and/or Source ID Number
- Withdrawal Location

  • Municipality
  • County
  • Latitude and Longitude (method used)

- Monthly Withdrawal Amount (million gallons (MG))

ii. Bulk Purchases from Other Suppliers. The following data shall be reported for each bulk purchase separately.

- Bulk Supplier Name
- Bulk Supplier's Source Name(s)
- Monthly Bulk Purchase Amount (MG)

b. Service Area Data. The following data shall be reported separately for each county served.

i. Service Area Name(s)

ii. Service Area Location(s)

- Municipalities
- Counties

iii. Population Served

iv. Total Annual Water Use by Category (MG) (To the extent available, provide a breakdown of water use by the following categories.)

- Residential metered (including apartment complexes)
- Commercial metered
- Institutional metered
- Industrial metered
- Bulk Sales
- Other metered (Specify)
- Unaccounted for (defined as the amount of water entering the distribution system minus the amount of water delivered through service meters) (see note*)
- Total

v. Wastewater Disposal (if known)

- Facility Identification Code (State Code)
- State Permit Number
- Facility Name

vi. United States Geological Survey (USGS) quadrangle map (1:24K) or other equivalent or higher resolution map identifying withdrawal, service area and discharge locations.

2. Other Withdrawals. Each person, firm, corporation, or other entity, except water supply systems serving the public, subject to requirements under subsection 2.50.2 and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data for the year 2000 to the designated agency. The data shall be reported for each withdrawal source separately (i.e. each well or surface water intake).

a. Year - 2000

b. Facility Identification Code (State Code)

c. State Permit Number

d. DRBC Docket Number(s)

e. Facility Name

f. Source Type: Surface Water/Ground Water

g. Source Name and/or Source ID Number

h. Use Category

i. Self-supplied commercial

ii. Self-supplied industrial

iii. Self-supplied institutional

iv. Self-supplied agriculture (including crop irrigation, nurseries, aquaculture & livestock)

v. Self-supplied non-agricultural irrigation (i.e. golf course, country club, athletic field)

vi. Self-supplied mining

vii. Self-supplied thermoelectric power

viii. Self-supplied hydroelectric power

ix. Self-supplied other (specify)____________________

i. Withdrawal Location

i. Municipality

ii. County

iii. Latitude and Longitude (method used)

j. Use Location

i. Municipalities

ii. County

iii. Latitude and Longitude (method used)(if known)

k. Acres Irrigated (for irrigated uses only)

l. Monthly Withdrawal Amount (MG)

m. Evaporative Loss Amount (MG) (if known)

n. Product Use Amount (MG) (if known)

o. Is water recycled (Y/N)? If yes, what percent is recycled? (if known)

p. Are withdrawals metered (Y/N)?

q. Wastewater Disposal (To the extent available, provide the following information on wastewater disposal.)

i. Type (municipal wastewater treatment plant, package wastewater treatment plant, subsurface discharge system, other)

ii. Facility Identification Code (State Code)

iii. State Permit Number

iv. Facility Name

v. Discharge Location

- Surface Water Body (wastewater treatment plants only)
- Municipality
- County
- Latitude and Longitude (method used)(if known)

vi. Estimated Monthly Discharge Amount (MG)

vii. Is wastewater reclaimed (Y/N)? If yes, what percent is reclaimed? (if known)

r. USGS quadrangle map (1:24K) or other equivalent or higher resolution map identifying withdrawal, use, and discharge locations.

B. Annual Reporting Requirements for Subsequent Years

1. Water Supply Systems Serving the Public. Commencing with reporting year 2001, the owner(s) of each water supply system serving the public and subject to requirements under subsection 2.50.1, subsection 2.50.2, and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data on an annual basis to the designated agency. Changes to any other information required under Section A above, shall also be reported. All information required under Section A above shall be completed for new withdrawals for the first year of operation.

a. Source Data

i. Withdrawal Data. The following data shall be reported for each withdrawal source separately (i.e. each well or surface water intake).

- Year
- Facility Identification Code (State Code)
- State Permit Number
- Facility Name
- Monthly Withdrawal Amount (MG)

ii. Bulk Purchases from Other Suppliers. The following data shall be reported for each bulk purchase separately.

- Bulk Supplier Name
- Bulk Supplier's Source Name(s)
- Monthly Bulk Purchase Amount (MG)

b. Service Area Data.The following data shall be reported separately for each county served.

i. Service Area Name(s)

ii. Total Annual Water Use by Category (MG) (All usage shall be reported according to the following categories.)

- Residential metered (including apartment complexes)
- Commercial metered
- Institutional metered
- Industrial metered
- Public metered
- Bulk Sales
- Other metered (Specify)
- Unaccounted for (defined as the amount of water entering the distribution system minus the amount of water delivered through service meters) (see note*)
- Total

2. Other Withdrawals. Commencing with reporting year 2001, each person, firm, corporation, or other entity, except water supply systems serving the public, subject to requirements under subsection 2.50.2 and the Ground Water Protected Area Regulations for Southeastern Pennsylvania, shall report the following data on an annual basis to the designated agency. The data shall be reported for each withdrawal source separately (i.e. each well or surface water intake). Changes to any other information required under Section A above, shall also be reported. All information required under Section A above shall be completed for new withdrawals for the first year of operation.

  1. Year
  2. Facility Identification Code (State Code)
  3. State Permit Number
  4. Facility Name
  5. Monthly Withdrawal Amount (MG)
  6. Evaporative Loss Amount (MG) (if known)
  7. Product Use Amount (MG) (if known)
  8. Estimated Monthly Wastewater Discharge Amount (MG)

C. To avoid duplication of effort and to insure proper enforcement of this regulation, the Executive Director is hereby authorized to enter into administrative agreements with the following designated agencies: Delaware Department of Natural Resources and Environmental Control, New Jersey Department of Environmental Protection, New York Department of Health, Pennsylvania Department of Environmental Protection, and other state agencies where appropriate, authorizing such agencies to administer and enforce the provisions of this regulation and to adopt such rules and regulations of procedure as may be necessary to insure proper administration and enforcement of this regulation. In the absence of an administrative agreement, the Commission shall serve as the designated agency. Designated agencies are encouraged to implement and maintain automated data collection and reporting systems to facilitate the efficient transfer of data to the Delaware River Basin Commission. The administrative agreements shall specify the format for data submission.

This resolution shall be effective immediately.

 

/s/ Kevin C. Donnelly
Kevin C. Donnelly, Chairman pro tem

 

  /s/ Pamela M. Bush
Pamela M. Bush, Commission Secretary and
Assistant General Counsel

ADOPTED: April 19, 2001


* Further breakdown of unaccounted for water can be provided. For example, estimated fire hydrant use, other unmetered public uses, and leakage losses.