THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOBACK, SWANGER, SCHRODER, CALTAGIRONE, CAUSER, CLYMER, COHEN, DENLINGER, FABRIZIO, GABLER, GEORGE, GIBBONS, GILLESPIE, GINGRICH, GOODMAN, GRELL, GROVE, HENNESSEY, KULA, MAHONEY, MILLARD, MUNDY, MURPHY, MURT, MYERS AND QUINN, APRIL 1, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 1, 2011  

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

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 county 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)  This assumption of duties effectively eliminated the

role of the county 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. This process shall include the involvement

of County Conservation District personnel in the oversight of

any 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 upon 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.--A conservation district

shall not 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.