H2404B2958A04277 AJB:JMT 05/23/22 #90 A04277
AMENDMENTS TO HOUSE BILL NO. 2404
Sponsor: REPRESENTATIVE METCALFE
Printer's No. 2958
Amend Bill, page 1, line 17, by inserting after "which"
the Department of Transportation or
Amend Bill, page 2, by inserting between lines 1 and 2
(b) The department shall approve an application for a permit
to a municipality under this section if the applicant meets all
of the following criteria:
(1) The municipality is without a sustained history of
significant permit violations under this act.
(2) The municipality takes an affirmative duty over the
watercourses, water obstructions, appurtenant works and
encroachments delineated in the permit application.
Amend Bill, page 2, line 2, by striking out "(b)" and
inserting
(c)
Amend Bill, page 2, line 7, by striking out "(c)" and
inserting
(d)
Amend Bill, page 2, line 7, by striking out "municipality
granted the permit" and inserting
permittee
Amend Bill, page 2, line 14, by striking out " municipality
granted the permit" and inserting
permittee
Amend Bill, page 2, line 15, by striking out "(d)" and
inserting
(e)
Amend Bill, page 2, line 15, by striking out "municipality
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granted a permit under this section" and inserting
permittee
Amend Bill, page 2, line 18, by striking out "(e)" and
inserting
(f)
Amend Bill, page 2, line 26, by striking out "(f)" and
inserting
(g)
Amend Bill, page 2, line 26, by striking out "municipality"
and inserting
permittee
Amend Bill, page 2, line 30, by striking out "municipal"
Amend Bill, page 3, line 2, by striking out "municipality"
and inserting
permittee
Amend Bill, page 3, line 5, by striking out "(g)" and
inserting
(h)
Amend Bill, page 3, line 6, by striking out "municipality"
and inserting
permittee
Amend Bill, page 3, line 7, by striking out "(h)" and
inserting
(i)
Amend Bill, page 3, line 8, by striking out "municipality"
and inserting
permittee
Amend Bill, page 3, lines 14 through 17, by striking out all
of said lines and inserting
(j) A permit violation shall not be found to have occurred
when a permittee removes or manipulates obstructions or debris
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within or along a watercourse in a manner that enables water
obstructions, appurtenant works or encroachments specified
within the permit to operate consistent with applicable plans,
specifications, reports and designs previously prepared by a
registered professional engineer.
Amend Bill, page 3, line 18, by striking out "(j)" and
inserting
(k)
Amend Bill, page 3, line 18, by striking out "municipality
granted the permit" and inserting
permittee
Amend Bill, page 3, by inserting between lines 21 and 22
(l) As used in this section, the term "municipality" means a
county, city, town, borough, township or school district in this
Commonwealth.
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