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A03701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1003
Session of
2019
INTRODUCED BY GILLESPIE, PICKETT, JAMES, KORTZ, NEILSON,
MEHAFFIE, WARNER, MILLARD AND LAWRENCE, APRIL 2, 2019
REFERRED TO COMMITTEE ON GAME AND FISHERIES, APRIL 2, 2019
AN ACT
Amending Title 30 (Fish) of the Pennsylvania Consolidated
Statutes, in dams, bar racks and migration devices, further
providing for marking of dams.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3510(h)(1) and (2) and (i) of Title 30 of
the Pennsylvania Consolidated Statutes are amended and
subsection (h) is amended by adding a paragraph to read:
ยง 3510. Marking of dams.
* * *
(h) Penalties.--
(1) Any person who fails to comply with subsection (a)
or (b) [shall forfeit and pay a civil penalty of not less
than $500 nor more than $5,000. The penalty shall be
recovered by civil suit or process in the name of the
Commonwealth] commits a summary offense of the first degree
for the first offense and a misdemeanor of the third degree
for a subsequent offense. Each [calendar year] month of
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noncompliance shall constitute a separate violation.
(2) Any person who fails to comply with subsection (c)
[shall forfeit and pay a civil penalty of not less than $250
nor more than $5,000. The penalty shall be recovered by civil
suit or process in the name of the Commonwealth] commits a
summary offense of the second degree for the first offense
and a summary offense of the first degree for a subsequent
offense. Each [calendar year] month of noncompliance shall
constitute a separate violation.
* * *
(5) The provisions of 18 Pa.C.S. (relating to crimes and
offenses) and section 923 (relating to classification of
offenses and penalties), insofar as they relate to
imprisonment for convictions of summary and misdemeanor
offenses, are not applicable to this section.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Owner." The person who owns a run-of-the-river dam
regulated by the Department of Environmental Protection pursuant
to the act of November 26, 1978 (P.L.1375, No.325), known as the
Dam Safety and Encroachments Act.
"Permit." A permit issued by the Department of Environmental
Protection pursuant to the act of November 26, 1978 (P.L.1375,
No.325), known as the Dam Safety and Encroachments Act.
"Permittee." The person who has been issued a permit by the
Department of Environmental Protection to maintain a run-of-the-
river dam.
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"Run-of-the-river dam." A manmade structure which:
(1) is a dam regulated [or permitted] by the Department
of Environmental Protection pursuant to the act of November
26, 1978 (P.L.1375, No.325), known as the Dam Safety and
Encroachments Act;
(2) is built across a [river or stream for the purposes
of impounding water where the impoundment at normal flow
levels is completely within the banks and all flow passes
directly] watercourse and certain flows pass over the entire
dam structure [within the banks], excluding abutments, to a
natural channel downstream; and
(3) the department determines to have hydraulic
characteristics such that at certain flows persons [entering
the area immediately below the dam may be caught in the
backwash] may be caught in the hydraulic roller or boil
immediately below the dam.
Section 2. This act shall take effect in 60 days.
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