Bill Text: NJ A3133 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires DEP to consider potential impacts to natural resources when classifying dams according to hazard potential.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-09-22 - Reported and Referred to Assembly Environment and Solid Waste Committee [A3133 Detail]
Download: New_Jersey-2022-A3133-Introduced.html
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
SYNOPSIS
Requires DEP to consider potential impacts to natural resources when classifying dams according to hazard potential.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning dam hazard classification and amending P.L.1981, c.249.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1981, c.249 (C.58:4-8.2) is amended to read as follows:
2. The Commissioner of Environmental Protection shall, by rule adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish a periodic dam safety inspection and reporting procedure, on an annual or longer term basis, for the owner of any dam meeting the criteria contained in R.S.58:4-1. The owner shall have a professional engineer inspect the dam and prepare and submit a report containing such information as the commissioner may require, concerning the safety of said dam and appurtenant structures. Every dam which raises the waters of any stream more than 70 feet above its usual mean low-water height or which impounds more than 10,000 acre-feet of water shall be inspected on an annual basis by a professional engineer retained by the owner, in the company of a professional engineer assigned from the Department of Environmental Protection. As a component of the dam safety inspection and reporting procedure adopted pursuant to this section, the department shall adopt a classification system for the hazard potential of dams, which shall take into account potential loss of life, property damage, and impacts to natural resources, including, but not limited to, wildlife, fish, aquatic life, habitat, plants, and historic or archeological resources.
(cf: P.L.1981, c.249, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would amend the "Safe Dam Act," P.L.1981, c.249 (C.58:4-8.1 et seq.) to require that any classification system for the hazard potential of dams adopted by the Department of Environmental Protection (DEP) take into potential loss of life, property damage, and impacts to natural resources.
Under current law, the DEP has adopted a classification system, which classifies dams as either:
(1) Class I - loss of life or extensive property damage is probable upon dam failure;
(2) Class 2 - likely significant damage to property and project operation upon dam failure, but loss of human life is not envisioned;
(3) Class 3 - dam failure would cause loss of the dam itself but little or no additional damage to other property; or
(4) Class 4 - for small dams that pose a negligible hazard potential.
The bill would require the DEP to consider potential damage to natural resources when classifying dams, in addition to potential loss of human life and destruction of property.
