PRINTER'S NO. 684
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
714
Session of
2021
INTRODUCED BY WEBSTER, SAPPEY, NEILSON, VITALI, SANCHEZ,
MALAGARI, ISAACSON, ROZZI, CIRESI AND HOWARD, MARCH 1, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 1, 2021
AN ACT
Providing for protection of existing riparian buffers, for
restoration of impaired riparian buffers, for exemptions, for
municipal authority, for powers and duties of Department of
Environmental Protection, for property inspections, for
delegation to a municipality, for municipal action appeals,
for penalties, civil action and liability for costs and for
effect on other Commonwealth laws or regulations and
municipal ordinances.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Protection of existing riparian buffers.
Section 4. Restoration of impaired riparian buffers.
Section 5. Exemptions.
Section 6. Municipal authority.
Section 7. Powers and duties of department.
Section 8. Property inspections.
Section 9. Delegation to a municipality.
Section 10. Municipal action appeals.
Section 11. Penalties, civil action and liability for costs.
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Section 12. Severability.
Section 13. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Riparian
Buffer Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Earth disturbance." A construction or other human activity
that disturbs the surface of the land, including land clearing
and grubbing, grading, excavations, embankments, land
development, agricultural plowing or tilling, operation of
animal heavy use areas, timber harvesting activities, mineral
extraction and the moving, depositing, stockpiling or storing of
soil, rock or earth material.
"Earth disturbance activity." An act that comprises,
facilitates or results in earth disturbance.
"Exceptional value water." Surface water of exceptional
value that satisfies the provisions of 25 Pa. Code § 93.4b(b)
(relating to qualifying as high quality or exceptional value
waters).
"Floodplain." A land area that:
(1) is susceptible to flooding; and
(2) has at least a 1% probability of flooding occurring
in a calendar year based on the basin being fully developed
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as shown on a current land use plan. For an area without a
mapped one hundred-year floodplain, the one hundred-year
floodplain is considered to extend for a horizontal distance
of 50 feet from the top of the stream bank.
"High quality water." Surface water having quality that
exceeds levels necessary to support propagation of fish,
shellfish, wildlife and recreation in and on the water by
satisfying the provisions of 25 Pa. Code § 93.4b(a).
"Impaired riparian buffer." A riparian buffer that, as a
result of land development activity, contains impervious cover
or is no longer a natural riparian buffer.
"Impervious cover." A surface that does not readily absorb
precipitation and surface water. The term includes:
(1) A building.
(2) A parking area.
(3) A driveway.
(4) A road.
(5) A sidewalk.
(6) A swimming pool.
(7) An area in concrete, asphalt, packed stone or an
equivalent surface, including a surface with a coefficient of
runoff of 0.7 or higher.
(8) Disturbed soil with a bulk density of 95% of the
value at which plant growth limitation is expected for
average plant material.
"Land development." A land change, including clearing,
grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, construction,
subdivision, paving or other increase in impervious cover.
"Land development activity." An act that comprises,
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facilitates or results in land development.
"Municipality." A political subdivision of this
Commonwealth, including a county, city, borough, township,
incorporated town or home rule municipality.
"Natural riparian buffer." A riparian buffer dominated by
native vegetation, including trees, shrubs or herbaceous plants,
and providing any of the following functions:
(1) maintaining the integrity of an adjacent stream
channel or shoreline or helping stabilize a stream bank,
including reducing erosion;
(2) reducing the impact of an upland source of pollution
by trapping, filtering or converting sediments, nutrients or
other contaminants;
(3) supplying food, cover, shelter, habitat or thermal
protection to fish, other aquatic life or other wildlife;
(4) protecting or benefiting the ecological and
absorptive capacity of soil, floodplain or wetland area;
(5) increasing storage and infiltration of floodwater
and reducing floodwater velocity; or
(6) reducing the impact of climate change by absorbing
greenhouse gases.
"Nonconforming use or structure." A use or structure that
was legally established prior to the effective date of this
section, but does not comply with the provisions of this act.
"Nontidal wetlands." An area not influenced by tidal
fluctuations that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support,
and under normal circumstances supports a prevalence of
vegetation typically adapted for life in saturated soil
conditions.
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"One hundred-year floodplain." The area of land adjacent to
a stream that is subject to inundation during a storm event that
has a recurrence interval of 100 years.
"Ordinance." An ordinance adopted by a municipality for
riparian buffers.
"Permit." A final permit issued by a municipality for
undertaking a land development activity.
"Person." An individual, partnership, firm, association,
joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility,
cooperative, city, county or other political subdivision and an
interstate body or other legal entity.
"Pollution." Contamination of waters of this Commonwealth,
including contamination by alteration of the physical, chemical
or biological properties of the waters, or change in
temperature, taste, color or odor of the waters, or the
discharge of a liquid, gaseous, radioactive, solid or other
substance into the waters that does, will or is likely to:
(1) degrade water quality;
(2) create a nuisance;
(3) render waters harmful, detrimental or injurious to:
(i) public health, safety or welfare;
(ii) domestic, municipal, commercial, industrial,
agricultural, recreational or other legitimate beneficial
use; or
(iii) livestock, wild animals, birds or fish or
other aquatic life; or
(4) cause or contribute to the failure of a water body
to meet applicable water quality standards or criteria
enacted by the Commonwealth or a river basin commission of
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which the Commonwealth is a voting member.
"Riparian." Belonging or related to the bank of a water
body, river, stream, wetland, lake, pond or impoundment.
"Riparian buffer area." An area adjacent to a water body.
"Riparian buffer restoration." Returning an impaired
riparian buffer to a natural riparian buffer dominated by native
vegetation, including trees, shrubs or herbaceous plants.
"Sewage facility." As used in the act of January 24, 1966
(1965 P.L.1535, No.537), known as the Pennsylvania Sewage
Facilities Act.
"Stream." A perennial or intermittent watercourse with a
defined channel, bed and banks.
"Stream bank." Sloping land that contains a stream channel
and the normal flow of the stream.
"Stream channel." The part of a watercourse either naturally
or artificially created that contains an intermittent or
perennial base flow of groundwater origin. A base flow of
groundwater origin may be distinguished by any of the following
physical indicators:
(1) Hydrophytic vegetation, hydric soil or other
hydrologic indicators in the area where groundwater enters
the stream channel in the vicinity of the stream headwaters,
channel bed or channel banks.
(2) Flowing water not directly related to a storm event.
(3) A historical record of a local high groundwater
table, including a well or stream gauge record.
"Vernal pond." A small body of standing water that forms in
the spring from meltwater and is often dry by midsummer or may
be dry before the end of the spring growing season.
"Water body." A natural or manmade pond, lake, wetland,
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impoundment, stream or watercourse. The term does not include a
pond or facility designed and constructed solely to contain
storm water.
"Watercourse." A channel of conveyance of surface water
having a defined bed and banks, including a stream, river, brook
or creek, whether natural or artificial, with perennial,
intermittent or seasonal flow. The term does not include a
channel or ditch designed and constructed solely to carry storm
water.
"Watershed." The land area that drains into a particular
stream, water body or watercourse.
Section 3. Protection of existing riparian buffers.
(a) Prohibition.--Except as otherwise provided in this act,
land development may not be permitted within a riparian buffer
area.
(b) Width of riparian buffer area.--Except as required under
subsection (c), the width of the riparian buffer area protected
under subsection (a) shall be a minimum of 100 feet on each side
of the stream as measured from the top of the bank.
(c) Additional width requirements.--The following apply:
(1) If the water body is designated as high quality or
exceptional value, the minimum width shall be 300 feet on
each side of the water body as measured from the top of the
bank.
(2) In the case of the presence of a nontidal wetland or
vernal pond wholly or partially within the riparian buffer
area, an additional 25 feet shall be added to the widths
under this section from the wetland or vernal pond boundary.
(3) The following additional distances shall be added to
the minimum widths under this section based on the following
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formula:
(i) ten feet if slope is 10% - 15%;
(ii) twenty feet if slope 16% - 17%;
(iii) thirty feet if slope is 18% - 20%;
(iv) fifty feet if slope is 21% - 23%;
(v) sixty feet if slope is 24% - 25%; or
(vi) seventy feet if slope exceeds 25%.
(4) If the water body has been identified as impaired in
accordance with section 303 of the Federal Water Pollution
Control Act (62 Stat. 1155, 33 U.S.C. § 1313) and
implementing State regulations, an additional 50 feet shall
be added to the minimum 100 foot width. In the case of a
water body that has been identified as impaired by the
department, the developer may choose to either extend the
riparian buffer area an additional 50 feet from the top of
the bank beyond the other requirements or to implement the
following improvements in the riparian buffer area and in the
developed area adjacent to the riparian buffer area:
(i) The improvements to the buffer area shall be as
follows:
(A) Fifty percent or more of trees planted in
the riparian buffer area must be of two inch caliper
or greater. Tree species composition shall consist of
a diverse mix of native tree species planted in the
proper hydrologic zone as listed in Appendix B of the
Pennsylvania Stormwater Best Management Practices
Manual.
(B) An applicant shall develop and implement an
operation and maintenance plan for the riparian
buffer to be approved by the department. The
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operation and maintenance plan shall require
maintenance activities for a minimum of five years,
include measures to control invasive species, deer
and rodent damage and require replacement of all
deceased trees for a minimum of the first three
years.
(C) An applicant shall provide permanent
protection of a riparian buffer area by placing a
conservation easement on the property.
(ii) The improvements to the adjacent area shall be
as follows:
(A) Achieve no net increase in predevelopment to
postdevelopment volume, rate, peak and concentration
of pollutants in water quality using alternative site
design, low impact development principles, such as
limiting disturbance, infiltration best management
practices and other environmentally sound storm water
best management practices.
(B) Through deed restriction for the lots sold
and as a condition of a final land development plan
approval, ban the use of fertilizers, pesticides,
herbicides or other chemicals on lawns and other
portions of the property, except that herbicides may
be used for invasive species control in riparian
buffer areas if part of an operation and maintenance
plan approved by the department.
(C) A development shall replace the trees
removed during the development process with the
caliper of removed trees matched by the sum of the
caliper of replacement trees.
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(d) Condition of other approvals and permits.--Full
compliance with the provisions of this act shall be a condition
of an approval or permit issued by a Commonwealth agency or any
political subdivision, including the following:
(1) An approval of land development activity.
(2) A building permit.
(3) A zoning hearing board approval.
(4) A conditional use approval.
(5) A subdivision approval.
(6) An erosion and sediment control permit.
(7) A grading permit.
(8) An encroachment permit.
(9) A National Pollutant Discharge Elimination System
permit.
(10) An approval for a planning module for a sewage
facility.
Section 4. Restoration of impaired riparian buffers.
(a) General rule.--For a property with an impaired riparian
buffer, riparian buffer restoration shall be a condition of a
governmental approval or permit, including the following:
(1) An approval of land development activity.
(2) A building permit.
(3) A zoning hearing board approval.
(4) A conditional use approval.
(5) A subdivision approval.
(6) An erosion and sediment control permit.
(7) A grading permit.
(8) An encroachment permit.
(9) A National Pollutant Discharge Elimination System
permit.
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(10) An approval for a planning module for a sewage
facility.
(b) Requirement.--Riparian buffer restoration shall conform
to the width requirements set forth in section 3.
(c) Trees and plants.--As part of riparian buffer
restoration, 50% or more of the trees planted in the riparian
buffer area must be of two inch caliper or greater. Plant
species composition shall consist of a diverse mix of native
species planted in the proper hydrologic zone as listed in
Appendix B of the Pennsylvania Stormwater Best Management
Practices Manual.
Section 5. Exemptions.
(a) Land development activity.--The following land uses
shall be exempt from a prohibition or requirement under section
3 or 4:
(1) A land use existing as of the effective date of this
section, except as follows:
(i) when the existing land use or a building or
structure involved in the use is enlarged, increased or
extended to occupy a greater area of land;
(ii) when the existing land use or a building or
structure involved in the use is moved, in whole or in
part, to another portion of the property; or
(iii) when the existing land use ceases for a period
of more than one year.
(2) Agricultural production that is consistent with
Federal and State law, the regulations promulgated by the
department and best management practices established by the
State Conservation Commission and the Department of
Agriculture.
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(3) Selective logging provided that the logging
practices comply with the best management practices set forth
by the Bureau of Forestry, provided the logging does not
occur within 100 feet of a stream.
(4) A crossing by a transportation facility or utility
line. The issuance of a permit for a use or activity under
this paragraph is contingent upon the completion of:
(i) A feasibility study that identifies alternative
routing strategies that do not impact a riparian buffer
area.
(ii) A mitigation plan to minimize impacts on the
riparian buffer area utilizing natural channel design
practices to the greatest degree possible.
(5) A temporary stream restoration project, stream bank
restoration project or vegetation restoration project to
restore the stream or riparian zone to an ecologically
healthy state utilizing natural channel design practices to
the greatest degree possible.
(6) A structure, including a United States Geological
Survey gauging station, public water supply, intake structure
or permitted discharge outfall that, by its nature, cannot be
located anywhere except within the riparian buffer area. The
structures shall provide for the minimum practicable
disturbance of the riparian buffer area by minimizing size
and location and by taking advantage of collocation, if
possible. A storm water conveyance structure or outfall shall
not be included under this paragraph and shall be located
outside of the buffer area.
(7) A wildlife and fisheries management activity
consistent with the purposes of the following:
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(i) The act of December 5, 1972 (P.L.1277, No.283),
known as the Pennsylvania Scenic Rivers Act.
(ii) The act of April 28, 1978 (P.L.87, No.41),
known as the Pennsylvania Appalachian Trail Act.
(iii) The act of June 23, 1982 (P.L.597, No.170),
known as the Wild Resource Conservation Act.
(iv) 30 Pa.C.S. (relating to fish).
(v) 34 Pa.C.S. (relating to game).
(8) Construction of a single-family residence, including
the usual appurtenances, if:
(i) Based on the size, shape or topography of the
property, as of the effective date of this section, it is
not reasonably possible to construct a single-family
dwelling without encroaching upon the riparian buffer
area.
(ii) The land development conforms with all other
zoning and land use regulations.
(iii) The dwelling is not located, in whole or part,
in a one hundred-year floodplain.
(iv) A septic tank, septic drain field or other
sewage management facility is not located within the
riparian buffer area.
(v) To the maximum extent practicable the dwelling
avoids disturbance of the riparian buffer area.
(vi) An encroachment into the riparian buffer area
is offset by an equal amount of wider riparian buffer
width elsewhere on the same property so the average width
and total area of the riparian buffer meet the
requirements as specified in section 3.
(vii) The construction, dwelling or property was not
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originally presented for approval and following the
effective date of this section, is not part of a multilot
subdivision.
(9) Low-impact outdoor recreation facilities for public
use that are water dependent, including a dock or boat
launch, provided that the facility contains less than 500
square feet of new impervious surface.
(10) Multiuse paths, access ways, trails, interpretive
and educational displays or overlooks, provided that:
(i) Overlooks or interpretive or educational
displays minimize to the greatest degree possible and,
individually and collectively, result in less than 500
square feet of buffer disturbance.
(ii) Trails shall:
(A) be part of a regional development plan;
(B) if possible, be located within the
boundaries of an existing travel corridor;
(C) not solely serve a single residence,
business or residential development;
(D) be constructed using nonhazardous, pervious
materials with a maximum width of four feet;
(E) be located at least 50 feet from the edge of
a bank; and
(F) if the trail is new and is not located
within the boundaries of an existing travel corridor,
be fully compensated for by additional buffer
protection or restoration along the length of the
trail route.
(11) Other uses permitted by the department under the
act of June 22, 1937 (P.L.1987, No.394), known as The Clean
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Streams Law, and the act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act.
(b) Requirements.--The exempted uses, structures and
activities shall comply with the requirements of 25 Pa. Code Ch.
102 (relating to erosion and sediment control) and the
applicable best management practices and may not diminish water
quality except as permitted by the department.
(c) Location.--The exempted uses shall be located as far
from the stream bank as reasonably possible.
Section 6. Municipal authority.
(a) Authority.--A municipality may enact a local land use
ordinance to protect, preserve and restore riparian buffers. A
riparian buffer ordinance adopted by a municipality shall
conform to this act.
(b) Existing ordinance.--A municipality that has enacted a
riparian buffer ordinance prior to the effective date of this
section may continue to enforce the ordinance until:
(1) the municipality revises or amends the ordinance; or
(2) the municipality is required by law to update a
municipal ordinance necessary to implement an applicable
watershed storm water management plan under the act of
October 4, 1978 (P.L.864, No.167), known as the Storm Water
Management Act, or fulfill a legal obligation regarding its
Municipal Separate Storm Sewer Program or total maximum daily
load. At this time, the municipality shall amend the
ordinance to conform to the provisions of this act.
(c) Variances.--A municipality that enacts an ordinance
under this act shall provide for the consideration of variances.
The following apply:
(1) In granting a variance, the municipality may allow
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the buffer width to be relaxed and the permitted buffer area
to become narrower at some points as long as the average
width and total area meet the requirements under section 3.
The averaging of the buffer area may be used to allow for the
presence of an existing structure or to recover a lost lot,
however, the buffer width may not be narrowed by more than
25%, and new land development activity may not take place
within the one hundred-year floodplain.
(2) The municipality may offer credit for additional
density elsewhere on the site in compensation for the loss of
developable land due to the requirements of this act. The
compensation may increase the total number of dwelling units
on the site up to the amount permitted under the base zoning
requirements.
(3) A municipality may grant a variance if the applicant
demonstrates any of the following:
(i) Strict compliance would prevent all economic use
of the property or constitute a legally defined taking.
(ii) The project would serve a public need and no
feasible alternative is available.
(iii) The project consists of the repair and
maintenance of public improvements where avoidance and
minimization of adverse impacts to the riparian buffer
area have been addressed.
(4) The following procedures apply:
(i) An applicant shall submit a written request for
a variance to the municipality. The application shall
include specific reasons justifying the variance and any
other information necessary to evaluate the proposed
variance request.
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(ii) The municipality may require an alternative
analysis that clearly demonstrates that no other feasible
alternatives exist and that minimal impact will occur as
a result of the project or development.
(iii) In granting a request for a variance, the
municipality may require additional site design,
landscape planting, fencing, the placement of signs and
the establishment of water quality best management
practices in order to reduce impacts on water quality,
wetlands and floodplains.
(d) Inspections.--The municipality may conduct
investigations where probable cause exists to carry out its
authority as prescribed in this act. For this purpose, the
municipality may enter where probable cause exists upon public
or private property to investigate and inspect property that
contains a riparian buffer.
(e) Enforcement.--The following apply:
(1) The zoning enforcement officer or other person
designated by the governing body of a municipality shall
enforce the requirements of this act in accordance with this
section.
(2) If, upon inspection or investigation, the zoning
enforcement officer or other authorized agent determines that
an activity violates the requirements of this act, the
activity shall be considered to be in violation of this act.
(3) Upon the determination of a violation, the
municipality shall issue a notice of violation to the permit
holder, property owner or party in charge of the activity on
the property. The notice must be in writing and require the
immediate stoppage of the work on the property. The notice
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shall include:
(i) The name and address of the owner.
(ii) The address or description and location of the
property where the violation occurred.
(iii) A description of the violation.
(iv) A description of the corrective actions needed
to return to compliance and a time schedule to complete
the corrective actions.
(4) Where an emergency exists, a written notice shall
not be required to stop work. Written notice of the stop-work
order shall be presented to the appropriate responsible
parties within three business days of the emergency order.
Section 7. Powers and duties of department.
(a) General authorization.--The department shall have
authority to enact regulations and take action to protect,
preserve and restore riparian buffers. Riparian buffer
regulations adopted by the department shall conform to the
provisions of this act.
(b) Variance.--The department may grant a variance for a
property located in a municipality that does not enact an
ordinance under this act.
(c) Buffer area.--In granting a variance, the department may
allow the buffer width to be relaxed and the permitted buffer
area to become narrower at points if the average width and total
area meet the requirements under section 3. The averaging of the
buffer area may be used to allow for the presence of an existing
structure or to recover a lost lot. The buffer width may not be
narrowed by more than 25%, and new land development activity may
not take place within the one hundred-year floodplain.
(d) Grant criteria.--The department may grant a variance if
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an applicant for the variance demonstrates any of the following:
(1) Strict compliance would prevent all economic use of
the property or constitute a legally defined taking.
(2) The project would serve a public need and a feasible
alternative is not available.
(3) The project consists of the repair and maintenance
of public improvements which addressed avoidance and
minimization of adverse impacts to the riparian buffer area.
(e) Application requirements.--In determining whether to
grant a request for a variance, the following apply:
(1) An applicant for a variance must submit a written
request for a variance to the department. The application
shall include specific reasons justifying the variance and
any other information necessary to evaluate the proposed
variance.
(2) The department shall require an analysis clearly
demonstrating that feasible alternatives do not exist and
that minimal impact will occur as a result of the project.
(3) The department shall require additional site design,
landscape planting, fencing, the placement of signs and the
establishment of water quality best management practices in
order to reduce impacts on water quality, wetlands and
floodplains.
Section 8. Property inspections.
(a) General rule.--The department may enter upon a property
at a reasonable time for the purpose of inspecting property that
contains riparian buffers to enforce the provisions of this act.
(b) Entry denial prohibited.--A person may not deny entry to
any agent of the department conducting an inspection under
subsection (a) or otherwise obstruct, hamper or interfere with
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the agent while conducting the inspection.
(c) Violations.--If the department determines that an
activity violates the requirements of this act as a result of an
investigation under subsection (a), the activity shall be in
violation of this act.
(d) Violation notice.--Except as provided in subsection (e),
upon determining a violation occurred under this act, the
department shall issue a written notice of the violation to the
permit holder, property owner or party in charge of the activity
on the property. The notice shall require the immediate stoppage
of all work on the property. The notice shall include all of the
following:
(1) The name and address of the owner.
(2) The address or description of the property where the
violation occurred.
(3) A description of the violation.
(4) A description of the corrective actions needed to
return to compliance under this act and a time schedule to
complete the corrective actions.
(e) Emergency order.--When an emergency exists as determined
by the department, the department shall issue a stop-work order
and may not provide the written notice required under subsection
(d). Written notice as required under subsection (d) shall not
be issued later than three business days after the order.
Section 9. Delegation to a municipality.
(a) Authority to delegate.--The department may delegate to a
municipality any responsibilities under this act. The
municipality acting under the agreement shall have the same
powers and duties otherwise vested in the department under this
act.
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(b) Supervision.--The department shall monitor the
activities of a municipality that acts under an agreement under
subsection (a).
(c) Appeals.--No later than 30 days after notice of an
action by a municipality under an agreement under subsection
(a), a person aggrieved by the action may appeal to the
Environmental Hearing Board in accordance with the act of July
13, 1988 (P.L.530, No.94), known as the Environmental Hearing
Board Act.
Section 10. Municipal action appeals.
(a) General rule.--No later than 10 days after notice of an
action by a municipality imposed under this act, a person
aggrieved by the action may appeal in writing to the zoning
hearing board. No later than 45 days after the zoning hearing
board receives the appeal, the person shall receive a hearing
before the zoning hearing board.
(b) Judicial review.--A person aggrieved by an action of a
municipality imposed under this act shall have the right to
appeal de novo to the court of common pleas of the county where
the municipality is located.
Section 11. Penalties, civil action and liability for costs.
(a) Penalties.--The penalties that may be assessed for a
violation of this act may include:
(1) If, through inspection, it is determined that the
corrective actions specified in a stop-work order have not
been completed within the specified time, the responsible
party shall be deemed in violation, and in addition to other
penalties, a performance bond shall be subject to forfeiture.
(2) A permit issued by the department or a municipality
may be suspended, revoked or modified if, through inspection,
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it is determined the corrective actions specified in a stop-
work order have not been completed within the specified time.
(3) A person who violates a provision of this act,
regulation or ordinance authorized under this act, permit
condition or stop-work order and the owner of the land where
the violation occurs shall be liable for a civil penalty of
not less than $1,000 and not more than $2,000 per violation
per day. Each day the violation continues shall constitute a
separate offense.
(4) The following apply:
(i) If a person violates a provision of this act,
regulation or ordinance authorized by this act,
permitting conditions or stop-work order, the
Commonwealth or municipality may issue a citation to the
owner of the land where the violation occurs or other
responsible person, requiring the person to appear in the
appropriate court to answer charges for the violation.
(ii) Upon conviction, the owner of the land where
the violation occurs or other responsible person shall be
liable for a criminal penalty in the form of imprisonment
for not more than 90 days or a fine of not less than
$1,000 and not more than $2,000 per violation per day, or
both. Every day that the violation continues will be
considered a separate offense.
(b) Civil action for recovery of damages.--The following
apply:
(1) In addition to any other sanction authorized under
this act, a person who fails to comply with the provisions of
this act or a regulation or ordinance authorized by this act
shall be liable to the Commonwealth or municipality in a
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civil action for damages equal to one and one-half times the
cost of restoring the buffer.
(2) The damages recovered under this subsection shall be
used for the restoration of buffer systems or for the
administration of programs for the protection and restoration
of water quality, streams, wetlands and floodplains.
(c) Liability for costs.--A person who violates a provision
of this act or a regulation or ordinance authorized by this act
may be liable for a cost or expense incurred by the Commonwealth
or a municipality as a result.
Section 12. Severability.
If a provision of this act or a regulation or ordinance
authorized by this act is declared invalid or unconstitutional
by a court of competent jurisdiction, the validity of the
remainder shall not be affected by the invalidity or
unconstitutionality.
Section 13. Effective date.
This act shall take effect in 60 days.
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