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.