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| Charges; Exemptions | 420.41 – 420.45 | ||||||||||||||||
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Delaware River Basin Compact, 75 Stat. 688.
42 FR 13544, Mar. 11, 1977, unless otherwise noted.
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Subscribe to: 18 CFR Part 420 - Charges; Exemptions
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The schedule of water charges established in accordance with § 420.22 shall be as follows:
(a) $110 per million gallons for consumptive use, subject to paragraph (c) of this section; and
(b) $1.10 per million gallons for non-consumptive use, subject to paragraph (c) of this section.
(c) On July 1 of every year, beginning July 1, 2017, the rates established by this section will increase commensurate with any increase in the annual April 12-month Consumer Price Index (CPI) for Philadelphia, published by the U.S. Bureau of Labor Statistics during that year.[1] In any year in which the April 12-month CPI for Philadelphia declines or shows no change, the water charges rates will remain unchanged. Following any indexed adjustment made under this paragraph (c), revised consumptive and non-consumptive use rates will be published in the Federal Register by July 1 and posted on the Commission's Web site. Interested parties may also obtain the rates by contacting the Commission directly during business hours.
[81 FR 95863, Dec. 29, 2016, as amended at 82 FR 26990, June 13, 2017; 88 FR 34748, May 31, 2023; 89 FR 46323, May 29, 2024; 90 FR 21219, May 19, 2025; 91 FR 31357, May 27, 2026]
Subject to the exclusions for certificates of entitlement and exempt uses, the Executive Director may require contracts for any taking, use, withdrawal or diversion of waters of the basin. Each contract shall provide for a minimum annual payment in accordance with an estimated annual demand schedule, regardless of use, withdrawal or diversion. The failure of any person to execute a contract under this section shall not affect the application of other requirements of this resolution.
The following uses shall be exempt from charge:
(a) Non-consumptive uses of less than 1,000 gallons during any day, and less than 100,000 gallons during any quarter.
(b) Ballast water used for shipping purposes.
(c) Water taken, withdrawn or diverted from streams tributary to the river master's gauging station at Montague.
(d) Water taken, withdrawn or diverted below R.M. 38 (the mouth of the Cohansey River) and such proportion of waters taken, diverted or withdrawn above R.M. 38 and below R.M. 92.4 (the mouth of the Schuylkill River) as the Executive Director may determine, on the basis of hydrologic studies, would have no discernible effect upon the maintenance of the salt front below the mouth of the Schuylkill River.
Water used exclusively for cooling purposes which is returned to the stream in compliance with the effluent requirements of applicable water quality standards, shall be charged at the non-consumptive use rate except that losses due to in-stream evaporation caused by cooling uses will be charged as consumptive use.
A person who or which could not for any reason use, take, withdraw or divert waters of the basin from the place in question on March 31, 1971, shall not be entitled to a certificate of entitlement.