Pennsylvania Act 1945-441 — PROHIBITING POLLUTION OF THE SCHUYLKILL RIVER

Act text

PROHIBITING POLLUTION OF THE SCHUYLKILL RIVER
                 Act of Jun. 4, 1945, P.L. 1383, No. 441              Cl. 32
                                  AN ACT

     To protect the health, safety and welfare of the public, by
        empowering and authorizing the Water and Power Resources
        Board of the Department of Forests and Waters to act as the
        agency of the Commonwealth to carry into effect a project to
        correct the existing and prevent the future silting of the
        Schuylkill River and its tributaries by wastes from
        anthracite coal mining operations; defining the powers and
        duties of said board; authorizing purchase or condemnation of
        necessary properties, easements, rights and right-of-ways;
        and making an appropriation.

        Whereas, the accumulation of wastes from mining operations,
     industrial processes and municipal sanitation in the Schuylkill
     River and its tributaries has reached the point where it
     constitutes a menace to the health, safety and welfare of the
     public; has endangered and contaminated the supply of pure
     waters; and is primarily responsible for the frequent floods
     resulting in the spreading of disease and great loss of life and
     property; and
        Whereas, it is imperative for government to exercise due
     diligence and reasonable control, and to provide appropriate
     services in the matter of the development and conservation of
     human and natural resources; and
        Whereas, it is necessary to continue the proper relationships
     and division of responsibilities among the Federal, State and
     local levels of government under which this nation has operated
     so successfully; and
        Whereas, it is a fundamental public right to require streams
     to be reasonably free of pollution and other objectionable forms
     of contamination; and
        Whereas, legislation has been enacted to prevent the future
     degradation of the streams of the Commonwealth, including the
     Schuylkill River and its tributaries; and
        Whereas, the removal and proper disposal of the existing
     thirty million tons of silt deposits accumulated in the channel,
     and on the banks of the Schuylkill River, requires participation
     by the Federal government and the Commonwealth of Pennsylvania;
     and
        Whereas, the Commonwealth's responsibility in the execution
     of the aforesaid Schuylkill corrective project is deemed to
     involve the acquisition, repair and maintenance of certain dams
     in the section of the Schuylkill River above Norristown; the
     dredging and disposal of an estimated twenty million tons of
     silt deposits in such section of the Schuylkill River above
     Norristown; and the construction of one or more desilting basins
     in the headwaters of the Schuylkill River and its tributaries at
     an estimated total cost of approximately fifteen million dollars
     ($15,000,000), to be expended over a period of six (6) years,
     and the Federal government's responsibility is deemed to cover
     the dredging and disposal of approximately ten million tons of
     silt from the section of the river between Norristown and
     Philadelphia at an estimated cost of ten million dollars
     ($10,000,000).

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  It is hereby declared to be the intent and
     purpose of this act to carry into effect, as soon as
     practicable, a project to prevent the future accumulation of
     wastes including coal, silt, industrial processes and municipal
     sanitation and the prevention of pollution in the Schuylkill
     River and its tributaries, and to dredge and dispose of the
     existing accumulations in the Schuylkill River above the
     Norristown dam at Norristown, Pennsylvania. Such project, among
     other things, will involve the acquisition of dams, canals,
     lands, easements, right-of-ways and other rights, and of
     properties for the disposal of material dredged from the
     Schuylkill River and its tributaries; the construction, repair
     and maintenance of dams required to carry on dredging
     operations; the construction of dikes and other protective works
     at disposal areas and physical dredging operations.
        Section 2.  Water and Power Resources Board.--The Water and
     Power Resources Board of the Department of Forests and Waters is
     hereby designated, as the agency of the Commonwealth, to carry
     into effect the project for the construction of desilting basins
     or other works in the headwaters of the Schuylkill River and its
     tributaries to prevent the future silting and pollution of that
     river, and for the dredging and disposal of existing
     accumulations in the section of the river above the Norristown
     dam at Norristown, Pennsylvania.
        Section 3.  Powers and Duties.--The Water and Power Resources
     Board is hereby authorized to clean out, widen, alter, dredge,
     deepen or change the course, current or channel of the
     Schuylkill River, or any of the tributaries; to fill up any
     abandoned canal or water course; to construct and maintain
     levees, dikes, walls, revetments, dams, reservoirs, and other
     works and improvements deemed necessary to carry out the purpose
     of this act and to prohibit any dredging operation deemed
     inimical thereto. It shall also have the power to control and
     regulate the flow of the Schuylkill River and its tributaries
     during the period of the execution of the project; to construct
     or enlarge bridges and culverts; to construct and relocate
     public highways; to construct any of said works and improvements
     across or through any public highway, canal, railroad right-of-
     way or tracks; to remove, change the location of, or construct
     any of the above mentioned structures and facilities, or such
     other structures or facilities as are necessary to carry out the
     intent of this act.
        (3 amended May 10, 1949, P.L.1063, No.303)
        Section 4.  Surveys and Plans.--The Water and Power Resources
     Board is hereby authorized to make such appropriate surveys and
     prepare such suitable plans as are necessary for the execution
     of the above stated project, or to negotiate and contract for
     such surveys and plans.
        Section 5.  The Water and Power Resources Board, in
     conjunction with the Department of Property and Supplies, is
     hereby authorized to sell, lease or otherwise dispose of any
     material or materials obtained by dredging or removal of
     structures acquired under the provisions of this act and not
     needed by the Commonwealth for other purposes relative to this
     project.
        (5 amended May 10, 1949, P.L.1065, No.305)
        Section 6.  The Water and Power Resources Board, with the
     approval of the Attorney General, may enter into contracts or
     agreements with any person, corporation and municipality
     covering the removal or relocation of gas, water, telephone,
     telegraph, electric light, electric power lines, highways,
     railroads or any other facilities, and providing therein for
     said removal or relocation by the person, corporation or
     municipality owning such facility. The board may acquire any
     necessary lands, easements and right-of-ways, and may pay all
     costs and damages necessary arising from and incidental to said
     removal or relocation.
        Section 7.  Acquisition of Properties and Rights.--
        (a)  The Water and Power Resources Board is hereby
     authorized, subject to the approval of the Attorney General, to
     acquire by donation, agreement, lease, purchase or condemnation
     and to own or hold in the name of the Commonwealth real and
     personal property rights, lands, easements and right-of-ways
     necessary for the execution of the above stated project.
        (b)  The Water and Power Resources Board may sell for
     domestic, industrial or municipal purposes the waters of any and
     all of the canals acquired under the provisions of this act.
        (c)  The board may, with the approval of the Governor, sell
     or lease any property, real, personal or mixed, acquired in the
     name of the Commonwealth under the provisions of this act, not
     needed by the Commonwealth for the purposes of the act to which
     this is an amendment.
        (7 amended May 10, 1949, P.L.1065, No.305)
        Section 8.  Condemnation Proceedings.--Whenever a reasonable
     price cannot be agreed upon, or whenever the owner is legally
     incapacitated, or is absent, or is unable to convey valid title,
     or is unknown, the Water and Power Resources Board is hereby
     authorized and empowered to acquire, by condemnation, any lands,
     rights, easements, franchises and other property deemed
     necessary or convenient for the completion or efficient
     operation of the purposes hereinbefore set forth.
        (8 repealed in part June 3, 1971, P.L.118, No.6)
        Section 9.  The Water and Power Resources Board is hereby
     authorized to consult, cooperate, negotiate and, with the
     approval of the Attorney General, enter into contracts and other
     agreements with the Federal government, any political
     subdivisions, municipality, authority, corporation, association,
     person or persons for cooperation and assistance in planning,
     constructing, financing, maintaining and operating any works or
     facilities needed to carry out the intent of this act: Provided,
     That all work of any character whatsoever performed under the
     authority of this act, except as undertaken by its own forces or
     other agencies of the Commonwealth, or of the Federal government
     shall be performed under written contract, let by the Water and
     Power Resources Board to the lowest responsible bidder, after
     due advertisement, as provided by law, and in accordance with
     plans and specifications prepared by the board.
        Section 10.  The sum of five million dollars ($5,000,000) is
     hereby specifically appropriated to a fund to be known as the
     Schuylkill River Desilting Fund for use of the Water and Power
     Resources Board for the purpose of carrying into effect the
     provisions of this act. It is the legislative intent that the
     purposes herein set forth shall be initiated at the earliest
     practicable time and work shall be continued to the limit of the
     funds appropriated herein.
        Section 11.  This act shall become effective immediately upon
     final enactment.