PRINTER'S NO. 362
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
371
Session of
2017
INTRODUCED BY BROOKS, SCARNATI, VULAKOVICH, FOLMER, HUTCHINSON,
WARD, WAGNER, LANGERHOLC, DiSANTO, WHITE, MARTIN, BROWNE,
MENSCH AND STEFANO, FEBRUARY 15, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 15, 2017
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled, as amended, "An act providing for the regulation
and safety of dams and reservoirs, water obstructions and
encroachments; consolidating and clarifying the programs of
the Department of Environmental Resources and Navigation
Commission for the Delaware River; establishing penalties and
repealing certain acts," further providing for definitions
and for scope of act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of November 26, 1978
(P.L.1375, No.325), known as the Dam Safety and Encroachments
Act, is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Flood-related hazard." Any gravel bar, flood debris or
similar obstruction which may present a substantial potential
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risk to life or property or may create additional problems in
the event of flooding.
* * *
Section 2. Section 4 of the act is amended to read:
Section 4. Scope.
(a) This act shall apply to:
(1) All dams on a natural or artificial watercourse,
other than those licensed pursuant to the Federal Power Act,
where:
(i) the contributory drainage area exceeds 100
acres; or
(ii) the greatest depth of water at maximum storage
elevation exceeds 15 feet; or
(iii) the impounding capacity at maximum storage
elevation exceeds 50 acre-feet.
(2) All dams used for the storage of water not located
on a watercourse and which have no contributory drainage,
where the greatest depth of water at maximum storage
elevation exceeds 15 feet and the impounding capacity at
maximum storage elevation exceeds 50 acre-feet.
(3) All dams used for the storage of fluids or
semifluids other than water, the escape of which may result
in air, water or land pollution, or may result in danger to
persons or property.
(4) All water obstructions and encroachments other than
dams, located in, along, across or projecting into any
watercourse, floodway or body of water, whether temporary or
permanent.
(b) This act shall not apply to a person taking actions to
mitigate a flood-related hazard on a normal agricultural
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operation, as defined in section 2 of the act of June 10, 1982
(P.L.454, No.133), referred to as the Right-to-Farm Law.
Section 3. This act shall take effect immediately.
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