MARVIN MANDEL, Governor                                      1183

(C) APPLICATION FOR CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY ASSOCIATED WITH POWER PLANT
CONSTRUCTION SAME AS PERMIT APPLICATION. -NOT-
WITHSTANDING ANY OTHER PROVISION OF THIS SUBTITLE,
APPLICATION TO THE PUBLIC SERVICE COMMISSION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
ASSOCIATED WITH TOWER PLANT CONSTRUCTION INVOLVING USE
OR DIVERSION OF WATERS OF THE STATE, UNDER ARTICLE 78
OF THE CODE CONSTITUTES AN APPLICATION FOR THE PERMIT
REQUIRED BY THIS SECTION AND IS HANDLED IN ACCORDANCE
WITH § 3-306 OF THIS ARTICLE. IF AN APPLICATION IS
MADE TO THE PUBLIC SERVICE COMMISSION, THE HEARING
PROVIDED FOR BY THIS SUBTITLE SHALL BE REQUIRED. ANY
PERTINENT EVIDENCE SHALL BE PRESENTED AT THE HEARING
REQUIRED BY ARTICLE 78, § 54A. THE PERMIT REQUIRED BY
THIS SUBTITLE IS INCLUDED IN THE CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY ISSUED BY THE PUBLIC SERVICE
COMMISSION.

REVISOR'S NOTE: This section presently appears   as

Article 96A, section 11 of the Code.      In

subsection (a), the first clause is

proposed for deletion because it is
obsolete.

The word "person" is used in light of its
definition in section 8-101(h). The only
other changes made are in style.

8-803. PERMIT TO CONSTRUCT OR REPAIR RESERVOIRS,
DAMS, OR WATERWAY OBSTRUCTIONS.

(A)    REQUIRED FROM DEPARTMENT. - A PERSON IS
REQUIRED TO OBTAIN A PERMIT FROM THE DEPARTMENT TO
CONSTRUCT, RECONSTRUCT, OR REPAIR ANY RESERVOIR, DAM,
OR WATERWAY OBSTRUCTION OR MAKE, CONSTRUCT, OR PERMIT
TO BE MADE OR CONSTRUCTED, ANY CHANGE OR ADDITION TO
ANY RESERVOIR, DAM OR WATERWAY OBSTRUCTION, OR MAKE,
OR PERMIT TO BE MADE, ANY CHANGE IN, ADDITION TO, OR
REPAIR OF, ANY EXISTING WATERWAY OBSTRUCTION, OR IN
ANY MANNER TO CHANGE IN WHOLE OR PART THE COURSE,
CURRENT, OR CROSS SECTION OF ANY STREAM OR BODY OF

WATER, WITHIN THE STATE EXCEPT TIDAL WATERS. THE

PERMIT IS OBTAINED UPON WRITTEN APPLICATION TO THE
DEPARTMENT.

(B)    EXEMPTIONS; SHALL PONDS. - A SMALL POND,
EXCEPT A WASTE WATER STABILIZATION POND, WHICH HAS A
CONTRIBUTORY DRAINAGE AREA OF LESS THAN ONE SQUARE
MILE (640 ACRES), A NORMAL DEPTH OF WATER LESS THAN 15
FEET ABOVE THE ORIGINAL STREAM BED, AND A NORMAL