35 Pa. Stat. § 691.5

Current through P.A. Acts 2023-32
Section 691.5 - Powers and duties
(a) The department, in adopting rules and regulations, in establishing policy and priorities, in issuing orders or permits, and in taking any other action pursuant to this act, shall, in the exercise of sound judgment and discretion, and for the purpose of implementing the declaration of policy set forth in section 4 of this act, consider, where applicable, the following:
(1) Water quality management and pollution control in the watershed as a whole;
(2) The present and possible future uses of particular waters;
(3) The feasibility of combined or joint treatment facilities;
(4) The state of scientific and technological knowledge;
(5) The immediate and long-range economic impact upon the Commonwealth and its citizens.
(b) The department shall have the power and its duty shall be to:
(1) Formulate, adopt, promulgate and repeal such rules and regulations and issue such orders as are necessary to implement the provisions of this act.
(2) Establish policies for effective water quality control and water quality management in the Commonwealth of Pennsylvania and coordinate and be responsible for the development and implementation of comprehensive public water supply, waste management and other water quality plans.
(3) Review all Commonwealth research programs pertaining to public water supply, water quality control and water quality management: Provided, however, That this section shall not be construed to limit the authority of each department to conduct research programs and operations as authorized by law.
(4) Report from time to time to the Legislature and to the Governor on the Commonwealth's public water supply and water quality control program.
(5) Review and take appropriate action on all permit applications submitted pursuant to the provisions of this act and to issue, modify, suspend, limit, renew or revoke permits pursuant to this act and to the rules and regulations of the department. In all cases involving surface coal mining operations as they are defined in section 3 of the act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act," following the department's decision whether to approve or deny a renewal, the burden shall be on the opponent of the department's decision.
(6) Receive and act upon complaints.
(7) Issue such orders as may be necessary to implement the provisions of this act or the rules and regulations of the department.
(8) Make such inspections of public or private property as are necessary to determine compliance with the provisions of this act, and the rules, regulations, orders or permits issued hereunder.

35 P.S. § 691.5

1937, June 22, P.L. 1987, art. I, § 5, added 1970, July 31, P.L. 653, No. 222, § 4. Amended 1980, Oct. 10, P.L. 894, No. 157, § 1, imd. effective.