PRINTER'S NO. 1005
No. 882 Session of 2005
INTRODUCED BY GRUCELA, BELFANTI, CALTAGIRONE, COHEN, CREIGHTON,
DALLY, FABRIZIO, FREEMAN, GOODMAN, LEACH, PETRARCA, READSHAW,
REICHLEY, SCAVELLO, SHANER, TANGRETTI, WALKO, WOJNAROSKI,
YOUNGBLOOD AND DeLUCA, MARCH 14, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 14, 2005
AN ACT
1 Providing for carbonate/sinkhole requirements.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Sinkhole Act.
6 Section 2. Scope.
7 (a) Scope.--This act shall apply to all land development or
8 subdivisions pertaining to commercial, governmental,
9 industrial/office structures, apartment complexes and multiple
10 family home developments with three or more lots.
11 (b) Exceptions.--This act shall not apply to single family
12 homes and the alteration of single family homes, including
13 detached structures such as garages, barns and swimming pools.
14 Section 3. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Carbonate rock." Rock types that are affected by
3 dissolution weathering process caused by slightly acidic
4 groundwater. The most common types of rock that are categorized
5 as carbonate rock are limestone (calcium carbonate) and dolomite
6 (calcium magnesium carbonate).
7 "Cavern." Interconnected solution features within the
8 bedrock surface.
9 "Clay liner." Fine grained soil that is used in the
10 construction of a liner that limits the rate of surface water
11 intrusion into the subsurface.
12 "Closed depression." A bowl-shaped depression in the land
13 surface characterized by internal drainage. A ghost lake is a
14 closed depression which has visible standing water after a heavy
15 rainfall event.
16 "Department." The Department of Environmental Protection of
17 the Commonwealth.
18 "Dissolution weathering." The removal of soluble materials
19 from intact carbonate rock by slightly acidic groundwater.
20 "Fault." A fracture in bedrock along which movement has
21 taken place.
22 "Fine-grained soil." Materials that predominantly consist of
23 silt and clay-sized particles.
24 "Hazardous materials (chemical or bio-hazard)." As defined
25 and regulated by the Department of Environmental Protection or
26 the Environmental Protection Agency.
27 "Impermeable liners." A liner system that prohibits the
28 infiltration of surface water into the subsurface.
29 "Karst." The terrain that results from the dissolution of
30 carbonate rock.
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1 "Karst process." The dissolution of carbonate rock by
2 slightly acidic groundwater.
3 "Lineaments." Aligned topographic features that locate
4 faults and fractures.
5 "Residual soil." Soils derived from the in-place weathering
6 of the underlying bedrock.
7 "Sinkhole." Localized land surface subsidence or collapse
8 due to karst processes. Sinkholes are categorized as solution
9 sinkholes, collapse sinkholes and subsidence sinkholes.
10 "Spring." Where water flows naturally out of the bedrock or
11 the overlying soil mantle onto the land surface.
12 "Toxic and/or biological or chemical hazardous materials."
13 Biological species or chemical compounds which are deemed to be
14 toxic or hazardous by the Department of Environmental
15 Protection.
16 Section 4. Requirements.
17 (a) Requirements.--All of the following specific
18 requirements shall apply to land developments and/or
19 subdivisions:
20 (1) No buildings, structures or stormwater management
21 basins shall be placed in or over the following features if
22 unremediated in accordance with the terms of this act:
23 sinkholes, closed depressions, lineaments or faults.
24 (2) Building structures and stormwater management basins
25 shall be located no closer than 100 feet from the rim of
26 unremediated sinkholes and no closer than 50 feet from
27 lineaments, faults or closed depressions.
28 (3) Outflow from a stormwater management basin and/or
29 postdevelopment stormwater flows shall not be directed to any
30 of the following carbonate features: sinkholes, closed
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1 depressions, lineaments or caverns.
2 (4) Lagoons containing substances defined as toxic
3 and/or hazardous by the department are not permitted.
4 (5) Storage and handling areas for hazardous materials
5 must have impermeable surfaces designed to contain materials
6 stored/handled from which they shall be directed to a
7 predetermined collection point.
8 (6) The land application of hazardous materials is not
9 permitted.
10 (7) The underground storage of any hazardous materials,
11 except gasoline and diesel fuel, shall be prohibited.
12 (8) Groundwater monitoring devices approved by the
13 department are required for all facilities handling hazardous
14 materials.
15 (b) No waivers.--There shall be no waivers from the
16 requirements in subsection (a).
17 Section 5. Carbonate assessment report.
18 (a) Evaluation.--All land developments and/or subdivisions
19 covered by this act shall be evaluated by a licensed
20 professional civil engineer with expertise in geotechnical
21 engineering or a licensed professional geologist. Each of the
22 experts shall be licensed in his field of expertise by the
23 Commonwealth. A list of the engineer's/geologist's
24 qualifications shall be submitted to the department prior to the
25 commencement of the site evaluation. The department reserves the
26 right to reject any report that in its opinion was authored by
27 an individual or firm which does not possess the background to
28 properly assess the site conditions as they relate to this act.
29 Further, the carbonate assessment report submitted to the
30 department must be signed by the licensed professional civil
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1 engineer with expertise in geotechnical engineering and/or a
2 licensed professional geologist.
3 (b) Report.--The format and content of the carbonate
4 assessment report shall include, but not be limited to, the
5 following:
6 (1) Statement of purpose: This section shall indicate
7 those specific carbonate standards being addressed in the
8 report and whether the applicant is attempting to demonstrate
9 compliance or justify noncompliance with those specific
10 carbonate standards.
11 (2) Description of existing conditions: A description of
12 existing characteristics of the property with respect to
13 geology, topography, ground and surface water hydrology,
14 soils, vegetation and existing improvements and uses of
15 property.
16 (3) A map, at a scale no smaller than 1 inch = 100 feet
17 and a contour interval of two feet, indicating the location
18 of the property and all proposed improvements.
19 (4) The developer or applicant shall submit information
20 for the affected properties indicating the presence of any of
21 the following carbonate features: depressions, fissures,
22 lineaments, faults, ghost lakes, bedrock outcrops, sinkholes,
23 seasonal high water levels, soil mottling, springs, surface
24 drainage entering the ground, disappearing lakes or streams
25 and caverns.
26 (5) A recommended plan for the repair or remediation of
27 surface or subsurface features that may impact the proposed
28 development as well as the adjacent improved or unimproved
29 properties.
30 (6) The information requested in paragraphs (1), (2),
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1 (3), (4) and (5) shall be based upon previously published
2 data and field surveys which may include test borings,
3 excavation of test pits, air-track probes and geophysical
4 methods.
5 (c) Additional requirements.--In addition to the carbonate
6 assessment report, the developer shall also be required to
7 provide the following information:
8 (1) A plan indicating the existing and proposed drainage
9 conditions, locations of all proposed private and public
10 sewage disposal systems and the location of existing private
11 and public water supplies on adjoining properties that are
12 within 1,000 feet of applicant property.
13 (2) Type, location and phasing of proposed site
14 disturbance and construction, as well as proposed future
15 ownership, utilization and maintenance of the property and
16 the proposed improvements.
17 (3) Proposed measures to control potential adverse
18 environmental impacts on groundwater quality and storm water
19 management resulting from the development and utilization of
20 the property.
21 (4) Plans describing the design and construction of the
22 proposed storm water management facilities proposed for the
23 project. A description of the minimum requirements are
24 outlined in subsection (d).
25 (d) Storm water management.--
26 (1) All submissions for proposed developments must
27 include a storm water management plan prepared in accordance
28 with adopted regulations and which limits surface water
29 runoff and the intrusion of concentrated flow of surface
30 water into the subsurface. Facilities that are required as
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1 part of the storm water management plan include the
2 collection of all runoff from commercial, office and
3 industrial building roofs into storm drains by watertight
4 gasketed joint conduits or adequately lined drainage swales
5 and the collection of surface water flow on pavements into
6 drop inlets connected to a watertight gasketed joint storm
7 water conduit or adequately lined drainage swales. The storm
8 water conduit must discharge into lined detention basins.
9 (2) Approved storm water conduits include HDPE, PVC,
10 concrete, steel and cast-iron pipe all with watertight rubber
11 gaskets at each joint. The use of corrugated metal pipe is
12 not permitted. Construction of the piping system must follow
13 all other applicable ordinances. Where rock is encountered at
14 or above the planned conduit design grade the rock shall be
15 undercut and over excavated a minimum of one foot and
16 backfilled with a compacted fine-grained soil.
17 (3) All detention basins in areas of sinkhole-prone soil
18 shall be lined. The liner used in a detention basin may
19 consist of a clay liner, a composite synthetic and soil liner
20 or a synthetic liner. The type of liner required shall depend
21 on the condition of the detention basin bottom and the
22 probability of sinkhole occurrence resulting from the
23 construction of the detention basin. The use of a low flow
24 channel may also be required depending on the duration and
25 frequency of storm water discharge into the detention basin.
26 Subsurface detention systems must be in leakproof tanks or
27 piping which follows the same standards as in paragraph (2).
28 The department shall make the final determination as to what
29 is an acceptable form of liner for the proposed detention
30 basins.
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1 Section 6. Review process.
2 (a) Report submission.--The carbonate assessment report must
3 be received by the department when a plan is submitted for
4 preliminary land development or subdivision approval. However,
5 the report may be submitted at the time of sketch plan review.
6 Four copies of the report shall be submitted to the department.
7 The report shall be reviewed by the department and other
8 consultants as designated by the department. Based on this
9 review the department may require additional information to be
10 submitted if the department concludes that such information
11 would be instrumental in assessing the proposed development as
12 it relates to this act.
13 (b) Approvals required.--Where compliance with this act is
14 required as part of an application for subdivision or land
15 development approval, the department's decision on whether
16 compliance has been achieved shall be made as part of the review
17 of the subdivision or land development application. Where the
18 application is part of a request for a zoning permit, the zoning
19 officer shall issue no permit until the zoning officer receives
20 adequate written substantiation from the appropriate designated
21 experts referred to in section 5 (relating to carbonate
22 assessment report), the terms of this section and any conditions
23 imposed upon the use of the property at the time of subdivision
24 or land development approval are satisfied.
25 Section 7. Limitations.
26 In carbonate areas, alteration and development of land may be
27 hazardous with respect to foundation safety of structures, the
28 creation of unstable land as a result of changes in drainage and
29 the contamination of ground and surface waters. Within the
30 limitations of the information available at the time of the
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1 review of individual applications, the department shall attempt
2 to make reasonable judgments as to the applicant's compliance
3 with this act. Under no circumstances shall the department or
4 any officer or employee of the department or consultant to the
5 department assume any liability for any damages that may result
6 from an applicant's or any interested party's reliance upon the
7 regulations of this act or any decisions made by the department
8 in the administration of this act by an applicant, developer
9 and/or any interested party.
10 Section 8. Preemption.
11 This act does not explicitly preempt other laws or
12 regulations that minimize to a greater degree the risk of
13 sinkhole occurrence, provided such laws or regulations are
14 consistent and do not otherwise restrict or interfere with the
15 operation or enforcement of the provisions of this act.
16 Section 9. Effective date.
17 This act shall take effect in 60 days.
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