THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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  

AN ACT

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

guidelines shall:

(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

activities.

(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.