PRINTER'S NO. 2134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1882
Session of
2021
INTRODUCED BY WARNER, BOBACK, BROOKS, R. BROWN, HAMM, JAMES,
JOZWIAK, KEEFER, MILLARD AND ZIMMERMAN, SEPTEMBER 20, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 20, 2021
AN ACT
Amending the act of November 26, 1978 (P.L.1375, No.325),
entitled "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," providing for abandonment of dams.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 26, 1978 (P.L.1375, No.325),
known as the Dam Safety and Encroachments Act, is amended by
adding a section to read:
Section 13.1. Abandonment of dams.
The department shall declare a dam abandoned if all of the
following apply:
(1) The dam no longer has the ability to impound or
store water or any other fluid or semifluid.
(2) The owner of the dam provides proof to the
department, in a manner determined by the department, that
the dam has been incapable of impounding or storing water or
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any other fluid or semifluid for a duration of five years
immediately prior to the owner seeking a permit from the
department to abandon the dam.
Section 2. This act shall take effect in 60 days.
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