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PRIOR PRINTER'S NO. 2958
PRINTER'S NO. 3135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2404
Session of
2022
INTRODUCED BY OWLETT, PICKETT, FRITZ, HAMM, ARMANINI, O'NEAL,
SMITH, HERSHEY, JAMES, RYAN, MILLARD, CAUSER, BROOKS, RAPP,
GROVE, DeLUCA, ROWE, KEEFER AND MARSHALL, APRIL 11, 2022
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 24, 2022
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 issuance of and conditions for municipal
continuous maintenance permits.
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 9.1. Issuance of and conditions for municipal
continuous maintenance permits.
(a) The department shall develop a municipal continuous
maintenance permit for which THE DEPARTMENT OF TRANSPORTATION OR
a municipality may apply. The permit shall allow permittees to
maintain, inspect and monitor watercourses, water obstructions,
appurtenant works and encroachments within the municipality as
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specified within the permit.
(B) THE DEPARTMENT SHALL APPROVE AN APPLICATION FOR A PERMIT
TO A MUNICIPALITY UNDER THIS SECTION IF THE APPLICANT MEETS ALL
OF THE FOLLOWING CRITERIA:
(1) THE MUNICIPALITY IS WITHOUT A SUSTAINED HISTORY OF
SIGNIFICANT PERMIT VIOLATIONS UNDER THIS ACT.
(2) THE MUNICIPALITY TAKES AN AFFIRMATIVE DUTY OVER THE
WATERCOURSES, WATER OBSTRUCTIONS, APPURTENANT WORKS AND
ENCROACHMENTS DELINEATED IN THE PERMIT APPLICATION.
(b) (C) Submission of a watercourse alone within the
application shall be interpreted as submitting the publicly
owned water obstructions, appurtenant works or encroachments
within and alongside the watercourse unless otherwise specified
within the permit.
(c) (D) A municipality granted the permit PERMITTEE may
amend the permit through the addition of watercourses, water
obstructions, appurtenant works or encroachments for which a
duty to maintain, inspect and monitor shall apply with the
approval of the department. The department shall approve a
request to remove watercourses, water obstructions, appurtenant
works or encroachments from the permit when a written order to
do so is provided by the municipality granted the permit
PERMITTEE .
(d) (E) A municipality granted a permit under this section
PERMITTEE may not be required to seek preapproval or further
authorization from the department for maintenance conducted
under the permit.
(e) (F) The permit shall provide for the maintenance,
inspection and monitoring of watercourses, water obstructions,
appurtenant works and encroachments in a manner consistent with
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previously prepared applicable plans, specifications, reports
and designs for the operation of any category of watercourses,
water obstructions, appurtenant works or encroachments prepared,
signed and certified by a registered professional engineer and
affixed with the seal of a registered professional engineer.
(f) (G) A municipality PERMITTEE shall provide to the
department, by January 15 of each year, a compilation of the
maintenance projects undertaken between January 1 and December
31 of the previous year that were permitted under this section.
The compilation shall delineate the persons, municipal equipment
operators and contractors operating as agents of the
municipality PERMITTEE who maintained, inspected and monitored
watercourses, water obstructions, appurtenant works and
encroachments within the municipality.
(g) (H) A permit granted under this section by the
department to a municipality PERMITTEE shall be in effect for no
less than 10 years.
(h) (I) The department shall extend a permit under this
section to a municipality PERMITTEE for 10 years following 10
years of operation under this section without a permit
violation. A permit violation shall be found to have occurred
when the permittee failed to address an alleged violation in the
manner prescribed by the department within one year of receipt
of the notice of an alleged permit violation.
(i) The department may impose permit terms and conditions
regarding construction methods, operation, maintenance,
inspection and monitoring to ensure compliance with this act and
other laws administered by the department .
(J) A PERMIT VIOLATION SHALL NOT BE FOUND TO HAVE OCCURRED
WHEN A PERMITTEE REMOVES OR MANIPULATES OBSTRUCTIONS OR DEBRIS
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WITHIN OR ALONG A WATERCOURSE IN A MANNER THAT ENABLES WATER
OBSTRUCTIONS, APPURTENANT WORKS OR ENCROACHMENTS SPECIFIED
WITHIN THE PERMIT TO OPERATE CONSISTENT WITH APPLICABLE PLANS,
SPECIFICATIONS, REPORTS AND DESIGNS PREVIOUSLY PREPARED BY A
REGISTERED PROFESSIONAL ENGINEER.
(j) (K) The municipality granted the permit PERMITTEE shall
accept an affirmative duty to maintain, inspect and monitor
watercourses, water obstructions, appurtenant works and
encroachments within the municipality as specified within the
permit.
(L) AS USED IN THIS SECTION, THE TERM "MUNICIPALITY" MEANS A
COUNTY, CITY, TOWN, BOROUGH, TOWNSHIP OR SCHOOL DISTRICT IN THIS
COMMONWEALTH.
Section 2. This act shall take effect in 60 days.
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