Section 817.26 - Powers and duties of Environmental Quality Board The Environmental Quality Board shall have the power and duty to adopt regulations as reasonably necessary to implement and enforce the compact and the management programs required by the compact and this act. Such regulations may include rules establishing:
(1) Criteria and procedures for review and approval of proposals for water withdrawals, consumptive uses or diversions consistent with the standard of review and decision set forth in the compact. For purposes of section 4.10 of the compact, the threshold for management and regulation shall be as follows:(i) any new or increased withdrawal from the basin in an amount that equals or exceeds 100,000 gallons per day averaged over any 90-day period;(ii) any new or increased consumptive use of water withdrawn from the basin in an amount which equals or exceeds 5,000,000 gallons per day averaged over any 90-day period; or(iii) any new or increased diversion of water from the basin.(2) Criteria and procedures for establishing the baseline amount of existing withdrawals, consumptive uses and diversions, consistent with section 8 of this act.(3) Reasonable fees for processing of applications for proposals subject to review and approval by the department. Such fees shall bear a reasonable relationship to the actual cost of administering the program. The Environmental Quality Board shall not adopt rules to implement any mandatory program governing water conservation and efficiency pursuant to section 4.2 of the compact, unless the General Assembly enacts legislation specifically authorizing the adoption of such regulations or implementation of a mandatory program.2008, July 4, P.L. 526, No. 43, § 6, imd. effective.