Pennsylvania Statewide Rule
Pennsylvania Drought Emergency Water Restrictions Statewide
Key Facts
- Authority
- 35 Pa.C.S. Ch. 73
- Trigger
- Gubernatorial drought declaration
- Lead Agency
- PADEP / PEMA
- Penalty
- Up to $300 per violation
Summary
Pennsylvania Emergency Management Services Code authorizes the Governor to impose mandatory statewide drought water-use restrictions that override local rules during declared emergencies.
§ 119.4. Prohibition of nonessential water uses. Whenever the Governor declares by proclamation or executive order a state of drought or water shortage emergency in an area of this Commonwealth, the following water uses shall be deemed nonessential and are prohibited within areas that have been declared to be in a state of drought or water shortage emergency, including within any public water supply agencys service area for which a source of water is located within the designated drought emergency area. Nothing in paragraphs (1)(4) allows a prohibited use of water as either a direct or indirect effect of the exceptions contained therein.
Full Breakdown
Under 35 Pa.C.S. Ch. 73 (Emergency Management Services Code) and Act 9 of 2002, the Governor may declare drought emergencies and impose mandatory non-essential water-use restrictions, including bans on lawn watering, car washing, and ornamental fountain use. PADEP coordinates with the Drought Task Force. State emergency restrictions preempt local ordinances during declared emergencies.
Violations & Penalties
Violations during declared drought emergencies are summary offenses; fines up to $300 per violation, with utility-imposed surcharges and possible service suspension for repeat offenders.
Frequently Asked Questions
Who declares a drought emergency in Pennsylvania?
Do drought rules apply to private wells?
Sources
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