PRINTER'S NO. 713
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
689
Session of
2023
INTRODUCED BY YAW, BARTOLOTTA, HUTCHINSON, MARTIN, LAUGHLIN,
ROTHMAN, BREWSTER AND DUSH, MAY 5, 2023
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 5, 2023
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
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 continuous
maintenance permits.
(a) The department shall develop a 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 as specified within the
permit.
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(b) The department shall approve an application for a permit
to an applicant under this section if the applicant meets all of
the following criteria:
(1) The applicant is without a sustained history of
significant permit violations under this act.
(2) The applicant takes an affirmative duty over the
watercourses, water obstructions, appurtenant works and
encroachments delineated in the permit application.
(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.
(d) A 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 permittee .
(e) A permittee may not be required to seek preapproval or
further authorization from the department for maintenance
conducted under the permit.
(f) The permit shall provide for the maintenance, inspection
and monitoring of watercourses, water obstructions, appurtenant
works and encroachments in a manner consistent with 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
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affixed with the seal of a registered professional engineer.
(g) A 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, equipment operators and contractors
operating as agents of the permittee who maintained, inspected
and monitored watercourses, water obstructions, appurtenant
works and encroachments .
(h) A permit granted under this section by the department to
a permittee shall be in effect for no less than 10 years.
(i) The department shall extend a permit under this section
to a 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.
(j) A permit violation shall not be found to have occurred
when a permittee removes or manipulates obstructions or debris
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.
(k) The permittee shall accept an affirmative duty to
maintain, inspect and monitor watercourses, water obstructions,
appurtenant works and encroachments as specified within the
permit.
(l) As used in this section, the term "municipality" means a
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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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