THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CAUSER, HUTCHINSON, EVERETT, GABLER, BAKER, CALTAGIRONE, FLECK, GEIST, GILLESPIE, GINGRICH, GOODMAN, HALUSKA, HARPER, HESS, M. K. KELLER, KILLION, MAJOR, METCALFE, MILLARD, MURT, PICKETT, PYLE, RAPP, READSHAW, SONNEY, STERN AND VULAKOVICH, MAY 9, 2012
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 9, 2012
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 regulations and standards.
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
risk to life or property or may create additional problems in
the event of flooding.
* * *
Section 2. Section 5 heading of the act, amended October 23,
1979 (P.L.204, No.70), is amended and the section is amended by
adding a subsection to read:
Section 5. Regulations [and], standards and guidelines.
* * *
(d) The Environmental Quality Board shall establish
guidelines for the removal of flood-related hazards or related
stream clearing activities by persons owning adjacent property,
or municipalities where the flood-related hazards are located or
related stream clearing activities are to be completed. The
(1) Require that, except as otherwise provided in
paragraph (4), the department be notified prior to the
removal of flood-related hazards or related stream clearing
(2) Not require permits under section 6 for the removal
of flood-related hazards or related stream clearing
activities under this subsection.
(3) Not require professional engineering services or
similar professional qualifications as provided under section
10 for the removal of flood-related hazards or stream
clearing activities under this subsection.
(4) Require that, where the removal of flood-related
hazards or related stream clearing activities are deemed to
be an emergency by local, county or State authorities, the
department be notified after the removal of the flood-related
hazards or related stream clearing activities.
Section 3. This act shall take effect in 60 days.