PRINTER'S NO. 2872
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2004
Session of
2018
INTRODUCED BY BOBACK, MILLARD, MURT AND HELM, JANUARY 9, 2018
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 9, 2018
AN ACT
Providing for the erosion and sedimentation program to be
administered by delegation agreements between the Department
of Environmental Protection and conservation districts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pennsylvania
Conservation District Delegated Oversight Act.
Section 2. Legislative findings.
The General Assembly of the Commonwealth of Pennsylvania
finds and declares as follows:
(1) The act of May 15, 1945 (P.L.547, No.217), known as
the Conservation District Law, designates conservation
districts as a primary local government unit responsible for
the conservation of natural resources in this Commonwealth
and for implementing programs, projects and activities to
quantify, prevent and control nonpoint sources of pollution.
(2) Since 1945, the conservation districts have worked
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in conjunction with landowners, Federal and State government
agencies, counties and local government units to provide for
the conservation of soil, water and related resources of this
Commonwealth, to control and prevent soil erosion, to assist
in flood control, storm water management, air and water
quality, preservation of wildlife and protection and
promotion of the health, safety and general welfare of the
people of this Commonwealth.
(3) Recent growth in the development of the Marcellus
Shale natural gas resources has introduced new challenges for
soil and water quality in this Commonwealth.
(4) Although the conservation districts have
traditionally provided delegated oversight to matters of
erosion and sedimentation, the Department of Environmental
Protection assumed these responsibilities through internal
department policy in 2009.
(5) The assumption of duties by the Department of
Environmental Protection effectively eliminated the role of
conservation districts to protect the Commonwealth's
resources by supervising earthmoving or soil disturbing
activities, including the activities related to siting,
drilling and servicing natural gas wells, constructing access
roads and assisting in the design, implementation and
maintenance of best management practices related to erosion
and sedimentation.
Section 3. Cooperative process to be developed.
The Department of Environmental Protection shall develop a
cooperative process for the review of erosion and sedimentation
permit applications. The process shall include the involvement
of personnel from conservation districts in the oversight of any
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erosion and sedimentation activity related to 25 Pa. Code Ch.
102 (relating to erosion and sediment control) in accordance
with a delegation agreement as described in section 4.
Section 4. Delegation agreements.
(a) General rule.--The duties, responsibilities and
activities of a conservation district for the erosion and
sedimentation program shall include only those agreed on by the
conservation district through the terms and conditions of a
delegation agreement entered into between the Department of
Environmental Protection and the conservation district.
(b) Power of conservation district.--No conservation
district may be required to enter into a delegation agreement
with the Department of Environmental Protection to administer
the erosion and sedimentation program.
Section 5. Effective date.
This act shall take effect in 60 days.
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