| PRINTER'S NO. 276 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 354 | Session of 2013 |
INTRODUCED BY HUTCHINSON, ARGALL, VULAKOVICH, VOGEL, KASUNIC, MENSCH, RAFFERTY, WHITE, YAW, FERLO, GORDNER, PILEGGI, ALLOWAY, SCARNATI, BAKER AND WAUGH, JANUARY 30, 2013
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 30, 2013
AN ACT
1Amending the act of November 26, 1978 (P.L.1375, No.325),
2entitled, as amended, "An act providing for the regulation
3and safety of dams and reservoirs, water obstructions and
4encroachments; consolidating and clarifying the programs of
5the Department of Environmental Resources and Navigation
6Commission for the Delaware River; establishing penalties and
7repealing certain acts," further providing for definitions
8and for regulations and standards.
9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:
11Section 1. Section 3 of the act of November 26, 1978
12(P.L.1375, No.325), known as the Dam Safety and Encroachments
13Act, is amended by adding a definition to read:
14Section 3. Definitions.
15The following words and phrases when used in this act shall
16have, unless the context clearly indicates otherwise, the
17meanings given to them in this section:
18* * *
19"Flood-related hazard." Any gravel bar, flood debris or
20similar obstruction which may present a substantial potential
1risk to life or property or may create additional problems in
2the event of flooding.
3* * *
4Section 2. Section 5 heading of the act, amended October 23,
51979 (P.L.204, No.70), is amended and the section is amended by
6adding a subsection to read:
7Section 5. Regulations [and], standards and guidelines.
8* * *
9(d) The Environmental Quality Board shall establish
10guidelines for the removal of flood-related hazards or related
11stream clearing activities by persons owning adjacent property,
12or municipalities where the flood-related hazards are located or
13related stream clearing activities are to be completed. The
14guidelines shall:
15(1) Require that, except as otherwise provided in
16paragraph (4), the department be notified prior to the
17removal of flood-related hazards or related stream clearing
18activities.
19(2) Not require permits under section 6 for the removal
20of flood-related hazards or related stream clearing
21activities under this subsection.
22(3) Not require professional engineering services or
23similar professional qualifications as provided under section
2410 for the removal of flood-related hazards or stream
25clearing activities under this subsection.
26(4) Require that, where the removal of flood-related
27hazards or related stream clearing activities are deemed to
28be an emergency by local, county or State authorities, the
29department be notified after the removal of the flood-related
30hazards or related stream clearing activities.
1Section 3. This act shall take effect in 60 days.