| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY WAUGH, OCTOBER 10, 2012 |
| |
| |
| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 10, 2012 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of November 26, 1978 (P.L.1375, No.325), |
2 | entitled, as amended, "An act providing for the regulation |
3 | and safety of dams and reservoirs, water obstructions and |
4 | encroachments; consolidating and clarifying the programs of |
5 | the Department of Environmental Resources and Navigation |
6 | Commission for the Delaware River; establishing penalties and |
7 | repealing certain acts," further providing for definitions, |
8 | for proof of financial responsibility and for duties of |
9 | owners. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 3 of the act of November 26, 1978 |
13 | (P.L.1375, No.325), known as the Dam Safety and Encroachments |
14 | Act, amended October 23, 1979 (P.L.204, No.70) and May 16, 1985 |
15 | (P.L.32, No.15), is amended to read: |
16 | Section 3. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have, unless the context clearly indicates otherwise, the |
19 | meanings given to them in this section: |
20 | "Appurtenant works." Include, but are not limited to, such |
21 | structures as spillways, either in the dam or separate |
22 | therefrom; low level outlet works; and conduits such as tunnels, |
|
1 | pipelines or penstocks through the dam or its abutments. |
2 | "Body of water." Any natural or artificial lake, pond, |
3 | reservoir, swamp, marsh or wetland. |
4 | "Category 1 dam." A regulated dam or reservoir with a hazard |
5 | potential that poses any of the following: |
6 | (1) A risk to a substantial number of homes, businesses |
7 | or schools. |
8 | (2) A risk of excessive economic loss, such as extensive |
9 | residential, commercial or agricultural damage or substantial |
10 | inconvenience. |
11 | "Category 2 dam." A regulated dam or reservoir with a hazard |
12 | potential that poses any of the following: |
13 | (1) A risk to a small number of homes or small |
14 | businesses. |
15 | (2) A risk of appreciable economic loss, such as limited |
16 | residential, commercial or agricultural damage or moderate |
17 | public inconvenience. |
18 | "Construct." To erect, build, place or deposit, including |
19 | preliminary preparation of a site for construction. |
20 | "Dam." Any artificial barrier, together with its appurtenant |
21 | works, constructed for the purpose of impounding or storing |
22 | water or any other fluid or semifluid; or any refuse bank fill |
23 | or structure for highway, railroad or other purposes which does |
24 | or may impound water or any other fluid or semifluid. |
25 | "Department." The Department of Environmental Resources of |
26 | the Commonwealth of Pennsylvania. |
27 | "Encroachment." Any structure or activity which in any |
28 | manner changes, expands or diminishes the course, current or |
29 | cross-section of any watercourse, floodway or body of water. |
30 | "Hearing board." The Environmental Hearing Board. |
|
1 | ["High hazard dam." Any dam so located as to endanger |
2 | populated areas downstream by its failure.] |
3 | "Navigation Commission." The Navigation Commission for the |
4 | Delaware River or its navigable tributaries. |
5 | "Operation." Elements of the use, control and functioning of |
6 | a facility which may affect primarily the storage, release or |
7 | flow of water, the structural safety of a facility or |
8 | navigation, with due consideration of the other purposes of this |
9 | act. |
10 | "Owner." Any person who owns, controls, operates, maintains, |
11 | or manages a dam or reservoir, water obstruction or |
12 | encroachment. |
13 | "Person." Includes any natural person, partnership, |
14 | association, corporation, municipality, municipal authority, |
15 | receiver or trustee and any department, board, commission or |
16 | authority of the Commonwealth. Whenever used in a section |
17 | prescribing and imposing a penalty or sanction, the term |
18 | "person" shall include the members of an association and the |
19 | officers of a corporation, municipality or municipal authority. |
20 | "Regulated dam." A dam so located as to pose a hazard to |
21 | populated areas downstream by its failure. |
22 | "Reservoir." Any basin which contains or will contain the |
23 | water or other fluid or semifluid impounded by a dam. |
24 | "Safety." Security from the risk or threat of significant |
25 | loss or injury to life, health, property and the environment. |
26 | "Water obstruction." Includes any dike, bridge, culvert, |
27 | wall, wing wall, fill, pier, wharf, embankment, abutment or |
28 | other structure located in, along, across or projecting into any |
29 | watercourse, floodway or body of water. |
30 | "Watercourse" or "stream." Any channel of conveyance of |
|
1 | surface water having a defined bed and banks, whether natural or |
2 | artificial, with perennial or intermittent flow. |
3 | Section 2. Section 11 of the act, amended October 23, 1979 |
4 | (P.L.204, No.70), is amended to read: |
5 | Section 11. Proof of financial responsibility. |
6 | (a) As a requirement for approval of a permit under this act |
7 | for any [category of] Category 1 dam, water obstruction or |
8 | encroachment which may present a substantial potential risk to |
9 | life or property, the Environmental Quality Board may, by |
10 | regulation, authorize the department to require proof of |
11 | financial responsibility or security assuring the proper |
12 | construction, operation, maintenance and termination of such |
13 | projects. |
14 | (b) As proof of such responsibility or security, the |
15 | regulations may require one or more of the following: |
16 | (1) a Certificate of Public Convenience from the Public |
17 | Utility Commission if the owner of the proposed facility is |
18 | subject to regulation under the act of May 28, 1937 |
19 | (P.L.1053, No.286), known as the "Public Utility Law"; |
20 | (2) ownership or management of the facility by an agency |
21 | of the Federal, interstate, State, county or municipal |
22 | government; or |
23 | (3) a bond or other legal device of a form acceptable to |
24 | the department, payable to the Commonwealth, which guarantees |
25 | proper construction, repair, operation and maintenance, |
26 | inspections and monitoring of the facility and removal, if |
27 | necessary. [The] For a Category 1 dam, the amount of such |
28 | shall be sufficient to cover all costs of entry, correction, |
29 | repair, operation, maintenance, inspection, monitoring or |
30 | removal of the facility by the Commonwealth in the event of |
|
1 | failure of the owner to comply with the provisions of this |
2 | act, or any regulation, permit or order issued hereunder. |
3 | (c) The Commonwealth may seek reimbursement of incurred |
4 | necessary costs if the owner fails to properly construct, |
5 | operate, maintain or remove any Category 1 dam, Category 2 dam |
6 | or any other dam subject to this act. |
7 | Section 3. Section 13 of the act, amended May 16, 1985 |
8 | (P.L.32, No.15), is amended to read: |
9 | Section 13. Duties of owners. |
10 | (a) The owner of any dam, water obstruction or encroachment |
11 | shall have the legal duty to: |
12 | (1) monitor, operate and maintain the facility in a safe |
13 | condition in accordance with the regulations, terms and |
14 | conditions of permits, approved operating plans and orders of |
15 | the department issued pursuant to this act; |
16 | (2) conduct periodic inspections and analyses, as |
17 | reasonably required by the department considering the type of |
18 | facility and degree of potential hazard, and as required |
19 | submit certified reports regarding the condition of the |
20 | facility to the department: Provided, That in lieu of |
21 | certified reports from the owner, the department may accept |
22 | reports of equivalent inspections prepared by governmental |
23 | agencies; |
24 | (3) immediately notify the department and responsible |
25 | authorities in downstream communities of any condition which |
26 | threatens the safety of the facility, and take all necessary |
27 | actions to protect life and property, including any action |
28 | required under an emergency plan or department order issued |
29 | pursuant to this act; and |
30 | (4) prior to discontinuing use or abandonment, remove |
|
1 | all or part of the facility and take other actions necessary |
2 | to protect safety and the environment in a manner approved by |
3 | the department. |
4 | (b) In addition to the duties of subsection (a), the owner |
5 | of any [high hazard] regulated dam which has been classified as |
6 | such by the Department of Environmental Resources shall post |
7 | notices in public places in any area which might be affected by |
8 | the failure of the dam. |
9 | Section 4. This act shall take effect in 60 days. |
|