PRINTER'S NO. 823
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
679
Session of
2019
INTRODUCED BY YAW, ARGALL, GORDNER, LAUGHLIN, K. WARD, FOLMER,
BAKER, HUTCHINSON, J. WARD, BARTOLOTTA, STEFANO AND SCARNATI,
MAY 31, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 31, 2019
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," further providing for definitions; and providing for
programs for removal of obstructions and flood-related
hazards on streams.
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 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:
"Appurtenant works." Include, but are not limited to, such
structures as spillways, either in the dam or separate
therefrom; low level outlet works; and conduits such as tunnels,
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pipelines or penstocks through the dam or its abutments.
"Body of water." Any natural or artificial lake, pond,
reservoir, swamp, marsh or wetland.
"Construct." To erect, build, place or deposit, including
preliminary preparation of a site for construction.
"Dam." Any artificial barrier, together with its appurtenant
works, constructed for the purpose of impounding or storing
water or any other fluid or semifluid; or any refuse bank fill
or structure for highway, railroad or other purposes which does
or may impound water or any other fluid or semifluid.
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth [of Pennsylvania].
"Drainage area." That area, measured by a horizontal plane,
enclosed by a topographical divide from which direct surface
runoff from precipitation normally drains by gravity into a
stream above a specified point.
"Encroachment." Any structure or activity which in any
manner changes, expands or diminishes the course, current or
cross-section of any watercourse, floodway or body of water.
"Hearing board." The Environmental Hearing Board.
"High hazard dam." Any dam so located as to endanger
populated areas downstream by its failure.
"Navigation Commission." The Navigation Commission for the
Delaware River or its navigable tributaries.
"Operation." Elements of the use, control and functioning of
a facility which may affect primarily the storage, release or
flow of water, the structural safety of a facility or
navigation, with due consideration of the other purposes of this
act.
"Owner." Any person who owns, controls, operates, maintains,
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or manages a dam or reservoir, water obstruction or
encroachment.
"Person." Includes any natural person, partnership,
association, corporation, municipality, municipal authority,
receiver or trustee and any department, board, commission or
authority of the Commonwealth. Whenever used in a section
prescribing and imposing a penalty or sanction, the term
"person" shall include the members of an association and the
officers of a corporation, municipality or municipal authority.
"Regional curve." A regression of the relations among
drainage areas, selected cross-sectional parameters and
streamflows.
"Reservoir." Any basin which contains or will contain the
water or other fluid or semifluid impounded by a dam.
"Safety." Security from the risk or threat of significant
loss or injury to life, health, property and the environment.
"Streamflow." The rate at which water passes a given point
in a stream or river, usually expressed in cubic feet per
second.
"Water obstruction." Includes any dike, bridge, culvert,
wall, wing wall, fill, pier, wharf, embankment, abutment or
other structure located in, along, across or projecting into any
watercourse, floodway or body of water.
"Watercourse" or "stream." Any channel of conveyance of
surface water having a defined bed and banks, whether natural or
artificial, with perennial or intermittent flow.
Section 2. The act is amended by adding a section to read:
Section 17.1. Programs for removing obstructions and flood-
related hazards on streams.
(a) Each county shall develop a program consisting of two
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regional curves for the watershed, which regional curves cover
the entire county. The first regional curve shall be for rural
areas and the second regional curve shall be for portions of
streams located in municipalities.
(b) Each county shall submit a permit application to the
department that describes the program. The application shall
specify the utilization and oversight of the regional curves for
the purpose of stream maintenance in accordance with the
regulations promulgated under subsection (e). The county may not
implement the program unless the department approves the permit
application and issues the permit.
(c) After issuing a permit to a county under this section,
the department shall conduct at least one annual follow-up
review of the county's program. The purpose of the review shall
be to determine the overall effectiveness of the program and the
county's compliance with the terms of the permit.
(d) The department shall develop a training program for
counties for conducting channel maintenance under the permit
approved under this section. The training program shall include:
(1) An overview of stream processes.
(2) An explanation of regional curves and their use in
the processes.
(3) A field exercise in laying out a project.
(4) A field exercise in the completion of the project.
(e) The Environmental Quality Board shall, in consultation
with the department, promulgate regulations for the removal of
obstructions and floor-related hazards on streams by counties.
In developing the regulations, the Environmental Quality Board
may consider existing county programs for the same or similar
purpose.
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Section 3. This act shall take effect in 60 days.
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