Section 817.28 - Baseline for determining new or increased withdrawals, consumptive uses or diversions(a) Basis for determining baseline.--The baseline amount of existing withdrawals, consumptive uses or diversions shall be the larger of either of the following: (1) the applicable withdrawal limitation specified in a permit issued under the Water Rights Law or the Safe Drinking Water Act; or(2) the physical capacity of the existing systems, considering withdrawal capacity, treatment capacity, distribution capacity or other capacity-limiting factors.(b) Process.--The department shall prepare a proposed listing of baseline amounts and provide notice of such proposed list to the public and to the owner and operator of each affected facility. The notice shall provide at least 30 days for public comment. After consideration of such comments, the department shall provide written notice of the final list to the owner and operator of each affected facility and to the public. An action of the department determining a baseline amount adversely affecting a person shall be subject to appeal to the Environmental Hearing Board in accordance with the provisions of the Environmental Hearing Board Act. Based upon the final resolution of any such appeal, the department shall submit to the regional body and council a revised list, if required, to reflect the baseline amount determined pursuant to such appeal.2008, July 4, P.L. 526, No. 43, § 8, imd. effective.