PRINTER'S NO. 2994
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2407
Session of
2022
INTRODUCED BY HAMM, OWLETT, PICKETT, FRITZ, ARMANINI, O'NEAL,
SMITH, HERSHEY, JAMES, RYAN, MILLARD, CAUSER, BROOKS, RAPP,
GROVE, DeLUCA, ROWE AND KEEFER, APRIL 14, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 14, 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," further providing for permit issuance and conditions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9 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 9. Permit issuance and conditions.
(a) The department shall have the power to grant a permit if
it determines that the proposed project complies with the
provisions of this act and the regulations adopted hereunder,
and complies with all other applicable laws administered by the
department[, the Pennsylvania Fish Commission] and any river
basin commission created by interstate compact.
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(b) The department may impose such permit terms and
conditions regarding construction, operation, maintenance,
inspection and monitoring of the project as are necessary to
assure compliance with this act and other laws administered by
the department[, the Pennsylvania Fish Commission] and any river
basin commission created by interstate compact.
(c) Notwithstanding any other provision of law:
(1) The Pennsylvania Fish and Boat Commission shall have
no authority or jurisdiction related to stream maintenance or
clearing activities within this Commonwealth.
(2) No approval or authorization from the Pennsylvania
Fish and Boat Commission shall be required for any stream
maintenance or clearing activities conducted within this
Commonwealth.
(3) The department may not delegate its authority
related to stream maintenance or clearing activities to the
Pennsylvania Fish and Boat Commission.
Section 2. This act shall take effect in 60 days.
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