reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › OPERATIONAL CRITERIA › Section 105.381 - Location of dredging

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Dredging may not occur within 500 feet of a bridge pier or abutment.
(b) Dredging may not occur within 5000 feet
						  above a public water supply intake unless the applicant can satisfactorily
						  demonstrate to the Department that drinking water standards for turbidity will
						  not be exceeded and no other adverse effects on the operations of a water user
						  will occur. Water supplies within 5 miles downstream of the dredging operation
						  shall be notified of proposed dredging or start up, or both, of operations. The
						  applicant/permittee shall provide proof of the notification.
(c) Dredging may not occur within a distance
						  of the channel or island shore line at normal pool less than the depth of the
						  dredging, but in no event, less than 125 feet.
(d) Dredging may not occur in reaches of
						  streams where water levels are controlled by dams if the water depth is less
						  than 6 feet at normal pool.
(e)
						  Dredging may not occur in, encroach upon or cause siltation in areas of riffles
						  or shallow pools whenever the areas are contributing to the sustenance of game
						  fish or endangered species in a free-flowing reach of a stream. Game fish
						  includes species and varieties defined as such by
						  30 Pa.C.S. §
														102
						  (relating to definitions). Endangered species include those species so defined
						  by the Fish Commission, under
						  30 Pa.C.S. §
														102 or
						  defined by 50 CFR
						  17.12 (relating to endangered and threatened
						  plants). A free-flowing reach of a stream includes a reach, segment or area of
						  a stream except where a pool has been created by a dam.
The provisions of this §
															105.381 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › OPERATIONAL CRITERIA › Section 105.382 - Washing and classification of materials

Current through Register Vol. 54, No. 28, July 13, 2024
Wash water from the classification process may not be
							 returned to the stream, unless a permit in accordance with The Clean Streams
							 Law (35 P. S. §§
														691.1-691.1001) has been obtained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › OPERATIONAL CRITERIA › Section 105.383 - Disposal of waste materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The permittee shall not throw, discharge or deposit or cause or permit to be
						  thrown, discharged or deposited from or out of a ship, barge or other floating
						  craft employed in the dredging operation any refuse matter, including oil and
						  petroleum products.
(b) Bilge,
						  ballast or wastewater pumped from barges shall not be discharged to the stream
						  without acceptable removal of oils or toxic compounds in a manner approved by
						  the Department.
(c) Discharge of
						  dredged material into the regulated waters of this Commonwealth is subject to
						  Subchapter J (relating to discharges of dredged or fill material).
(d) Dredge spoil and sludge deposits
						  collected during the operation shall be deposited in a location and a manner
						  approved by the Department.
(e)
						  Litter, refuse and sanitary waste from dredging vessels shall be disposed of in
						  a manner approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › OPERATIONAL CRITERIA › Section 105.384 - Protection of stream users

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dock
						  or portage shall be constructed around the upstream face of the operation in
						  order to facilitate navigation of small craft where the dredging operation will
						  substantially obstruct the waterway.
(b) The permittee shall post signs 1000 feet
						  upstream of where the dredge is operating and 500 feet from the downstream end
						  of the dredging area warning users of the stream that dredging operations are
						  in progress; the warnings shall be in large block printing, readable at a
						  distance of 300 feet, and contain the warning, "DANGER, DREDGING 1000 FEET
						  AHEAD" or "DANGER, DREDGING 500 FEET AHEAD."
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter I - COMMERCIAL DREDGING › OPERATIONAL CRITERIA › Section 105.385 - Reporting

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee shall submit to the Department an
							 annual report indicating the amount of sand, gravel or other minerals dredged
							 from the stream bed during the preceding calendar year.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › GENERAL PROVISIONS › Section 105.391 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter applies to the discharge of
							 dredged or fill material into the regulated waters of this
							 Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › PERMITS › Section 105.401 - Permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of §
													105.13 (relating to permit
							 applications-information and fees) and other applicable requirements of this
							 chapter, applications for discharges of dredged or fill material into the
							 regulated waters of this Commonwealth shall contain the following
							 information:
(1) The location of a
						  public water supply intake located within 1 mile upstream and 10 miles
						  downstream.
(2) The location of
						  areas of shell-fish production.
(3)
						  The impact of the activity upon a threatened or endangered species as
						  identified under the Endangered Species Act of 1973 (7 U.S.C.A. §
														136;
						  16 U.S.C. A. §§
														460l-9,
						  460k-1,
						  668dd,
						  715i,
						  715a,
						  1362,
						  1371,
						  1372,
						  1402 and
						  1531 -
						  1543), and the critical habitat of
						  the species.
(4) The impact of the
						  activity upon those species of aquatic life indigenous to the
						  waterbody.
(5) The amount of
						  percentage of the discharge that will consist of toxic material regulated under
						  section 6 of the Toxic Substances Control Act (15 U.S.C.A. §
														2605) or hazardous materials as defined by
						  the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§
														6901-6986) in other than trace
						  quantities.
(6) Other information
						  as the Department may require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › CRITERIA FOR APPROVAL › Section 105.411 - General criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not approve an application to
							 discharge dredged or fill material into regulated waters of this Commonwealth,
							 unless the applicant demonstrates to the Department a public benefit which
							 outweighs the damage to the public natural resources, if one or more of the
							 following is true:
(1) The discharge
						  is to a spawning area during spawning season.
(2) The discharge would restrict or impede
						  the movement of aquatic species indigenous to the waters or the passage of
						  normal or expected high flows or cause the relocation of the waters unless the
						  primary purpose of the fill is to impound waters.
(3) The discharge is into regulated waters of
						  this Commonwealth, except wetlands, which are breeding, feeding or nesting
						  areas for migratory water birds.
The provisions of this §
															105.411 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › OPERATION AND MAINTENANCE › Section 105.421 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Discharges of dredged or fill material shall be
							 properly maintained to prevent erosion and other types of pollution.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › OPERATION AND MAINTENANCE › Section 105.422 - Use of heavy equipment

Current through Register Vol. 54, No. 28, July 13, 2024
Heavy equipment used in wetlands shall be placed on
							 mats where practicable.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter J - DISCHARGES OF DREDGED OR FILL MATERIAL › OPERATION AND MAINTENANCE › Section 105.423 - Removal of temporary fill

Current through Register Vol. 54, No. 28, July 13, 2024
Temporary fill shall be completely removed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter K - DISBURSEMENTS OF MONEYS FROM THE DAMS AND ENCROACHMENTS FUND › Section 105.431 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fines
						collected under the penal provisions of the act and civil penalties collected
						under the act shall be paid into the treasury of the Commonwealth in a special
						fund known as the Dams and Encroachments Fund.
(b) Moneys paid into the Dams and
						Encroachments Fund may be disbursed at the discretion of the Department for use
						in the elimination of hazards to life, property and the environment resulting
						from unsafe dams, water obstructions and encroachments.
(c) For purposes of this chapter, the full
						and normal range of program activities necessary to administer this chapter
						will be considered to contribute to the elimination of hazards from unsafe
						dams, water obstructions and encroachments. Disbursement of moneys from the
						Dams and Encroachments Fund moneys may therefore be made for, but will not be
						limited to, the following purposes:
(1)
						Conducting investigations, tests and analyses as required to carry out the
						purposes of the act, including costs of entry; testing and sampling; and
						examining books, papers and records.
(2) Undertaking corrective action, repair
						work or removal to eliminate an actual or potentially dangerous or hazardous
						condition of a dam, water obstruction or encroachment as provided under section
						14(c) of the act (32 P. S. §
														693.14(c)).
(3) Purchasing contractual services and
						consultation from firms and individuals with relevant expertise in the field of
						safety of dams, water obstructions and encroachments.
(4) Purchasing materials, equipment, services
						and travel necessary for personnel training and provision of information and
						educational materials on the safety of dams, water obstructions and
						encroachments to schools, colleges, institutions and citizens.
(5) Covering extraordinary costs of
						litigation arising out of the enforcement of dam safety and encroachments laws
						of the Commonwealth, such as the printing of briefs and records, taking of
						depositions and expert witness fees.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter K - DISBURSEMENTS OF MONEYS FROM THE DAMS AND ENCROACHMENTS FUND › Section 105.432 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														105.432 reserved under section 5
							 of the Dam Safety and Encroachments Act (32 P. S. §
															693.5).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.441 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the issuance of general
						  permits by the Department under section 7(b)-(d) of the act (32 P. S. §
													693.7(b)-(d)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.442 - Authorization for general permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In accordance with this subchapter, the
						Department may issue general permits on a regional or Statewide basis for a
						category of dam, water obstruction or encroachment if the Department determines
						the following:
(1) The projects in the
						category are similar in nature.
(2)
						The projects in the category can be adequately regulated utilizing standardized
						specifications and conditions, including reference to specific criteria and
						requirements adopted by another Federal or State agency which adequately
						regulate the particular category of dam, water obstruction or
						encroachment.
(3) The projects
						which are in the category and meet the specifications and conditions will
						comply with the requirements for permit issuance in §§
													105.14-105.17 and
						105.21 and the standards and
						requirements for design, construction, operation, maintenance and monitoring in
						this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.443 - Nature of a general permit; substitution for individual applications and permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
						Department issues a general permit for a specified category of dam, water
						obstruction or encroachment on either a regional or Statewide basis, persons
						who intend to construct, operate, maintain, modify, enlarge or abandon a dam,
						water obstruction or encroachment in accordance with the specifications and
						conditions of the general permit may do so without filing an individual
						application for, and first obtaining, an individual permit.
(b) Use of an applicable general permit shall
						satisfy the permit requirements set forth in §
												105.11 (relating to permit
						requirements), so long as:
(1) Activities are
						conducted in accordance with the specifications and conditions of the
						applicable general permit.
(2) The
						owner of the dam, water obstruction or encroachment complies with the
						registration requirements set forth in the general permits, as authorized by
						§
													105.448 (relating to determination
						of applicability of a general permit).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.444 - Contents of general permits

Current through Register Vol. 54, No. 28, July 13, 2024
Each general permit issued by the Department will
						  include, but not be limited to, the following contents:
(1) A concise description of the category of
						dam, water obstruction or encroachment covered by the general permit, including
						exceptions to that category.
(2) A
						specification of the watersheds, streams or geographic areas where the general
						permit is effective.
(3) A set of
						standardized specifications or plans for the particular category of dam, water
						obstruction or encroachment or a reference to specific criteria and
						requirements adopted by another Federal or State agency which adequately
						regulates the particular category of dam, water obstruction or
						encroachment.
(4) A set of
						conditions governing the construction, operation, maintenance, inspection and
						monitoring of the projects covered by the general permit as are necessary to
						assure compliance with the act and this chapter and with other laws
						administered by the Department, the Fish and Boat Commission and a river basin
						commission created by interstate compact.
(5) A specification of registration
						requirements if any, established under §
												105.447 (relating to registration
						requirements) and registration or general permit fees established under §
												105.13 (relating to regulated
						activities-information and fees).
The provisions of this §
														105.131a amended under sections 5,
							 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. §§
															693.5,
							 693.7,
							 693.10,
							 693.11 and
							 693.17); sections 5, 6, 8 and
							 402 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.6,
							 691.8 and
							 691.402); sections 514,
							 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929
							 (71
							 P. S. §§
															194,
							 510-1,
							 510-8,
							 510-17 and
							 510-20); and sections 302 and
							 402 of the Flood Plain Management Act (32 P. S. §§
															679.302 and
							 679.402).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.445 - Waiver of certain requirements

Current through Register Vol. 54, No. 28, July 13, 2024
In issuing a general permit, the Department may waive
						  the procedural requirements of any or all of the following sections of this
						  chapter as applied to a particular category of dams, water obstructions or
						  encroachments covered by the general permit:
(1) Section
						105.41 (relating to notices and
						reports).
(2) Section
						105.42 (relating to acknowledgment
						of conditions).
(3) Section
						105.53 (relating to inspections by
						owners and inspection reports).
(4)
						Section 105.101 (relating to notices and
						reports).
(5) Section
						105.102(b) 
						(relating to personnel and supervision).
(6) Section
						105.107 (relating to completion
						certificate and final plans).
(7)
						Section 105.111 (relating to commencement
						of water storage).
This section cited in 25 Pa. Code §
														105.449 (relating to compliance
							 with permit conditions, regulations and
							 laws).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.446 - Procedure for issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
						least 60 days prior to issuance of a general permit, the Department will:
(1) Publish notice in the
Pennsylvania Bulletin
of intent to issue a general permit,
						including the text of the proposed general permit and locations for obtaining
						standardized plans.
(2) Provide
						written notice of the proposed general permit to the United States Army Corps
						of Engineers; the United States Coast Guard; the United States Fish and
						Wildlife Service; the United States Environmental Protection Agency; the Fish
						Commission; the Game Commission; applicable river basin commissions created by
						interstate compact; county agencies holding delegations under §
													105.4 (relating to delegations to
						local agencies) and other interested Federal, State or interstate
						agencies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.447 - Registration requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will require the registration of a project constructed, operated,
						maintained, modified or enlarged under a general permit, within a specified
						time limit.
(b) Registration
						requirements and time limits, if any, shall be set forth in the general permit
						governing each category of dam, water obstruction or encroachment.
(c) Registration statements shall set forth:
(1) The name and address of the person
						responsible for the project.
(2)
						The location of the project.
(3)
						The name or number of the general permit being utilized for the
						project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.448 - Determination of applicability of a general permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who desires to utilize a general
						permit issued under this subchapter, but is uncertain as to the potential
						application of the general permit to a particular proposed dam, water
						obstruction or encroachment, should consult with the Department. The Department
						may issue a determination as to whether the general permit applies to the
						proposed dam, water obstruction or encroachment.
(b) A request for a determination of the
						applicability of a general permit may not be considered a permit application
						for purposes of this chapter.
(c) A
						project requiring registration under §
												105.447 (relating to registration
						requirements) may be charged an application fee as set forth in §
												105.13 (relating to regulated
						activities-information and fees).
The provisions of this §
														105.131a amended under sections 5,
							 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. §§
															693.5,
							 693.7,
							 693.10,
							 693.11 and
							 693.17); sections 5, 6, 8 and
							 402 of The Clean Streams Law (35 P. S. §§
															691.5,
							 691.6,
							 691.8 and
							 691.402); sections 514,
							 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929
							 (71
							 P. S. §§
															194,
							 510-1,
							 510-8,
							 510-17 and
							 510-20); and sections 302 and
							 402 of the Flood Plain Management Act (32 P. S. §§
															679.302 and
							 679.402).
This section cited in 25 Pa. Code §
														105.443 (relating to nature of a
							 general permit; substitution for individual applications and
							 permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter L - GENERAL PERMITS › Section 105.449 - Compliance with permit conditions, regulations and laws

Current through Register Vol. 54, No. 28, July 13, 2024
A person who constructs, operates, maintains, modifies,
						  enlarges or abandons a dam, water obstruction or encroachment under a general
						  permit shall comply with the terms and conditions of the general permit, with
						  this chapter, except as expressly waived under §
												105.445 (relating to waiver of
						  certain requirements), and with the Flood Plain Management Act (32 P. S.
						  §§
													679.101-679.601), and other
						  applicable laws, to the same extent as if the dam, water obstruction or
						  encroachment were covered by an individual permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter M - STATEMENTS OF POLICY › WETLANDS › Section 105.451 - Identification and delineation of wetlands-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
						  sets forth the policy of the Department as to the methodology to be used for
						  the identification and delineation of wetlands.
(b) The use of some delineation method is
						  necessary in order to administer, implement, enforce and determine compliance
						  with the act, The Clean Streams Law (35 P. S. §§
														691.1-691.1001), the Solid Waste Management
						  Act (35 P. S. §§
														6018.101-6018.1003), the Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
														1396.1-1396.31), the Pennsylvania Sewage
						  Facilities Act (35 P. S. §§
														750.1-750.20), the Oil and Gas Act
						  (58
						  P. S. §§
														601.101-601.605) and other
						  applicable statutes administered by the Department and regulations promulgated
						  under these statutes.
(c) The
						  Department adopts and incorporates by reference the 1987
Corps of
						  Engineers Wetland Delineation Manual (Technical Report Y-87-1)
along
						  with the guidance provided by the United States Army Corps of Engineers, Major
						  General Arthur E. Williams' memorandum dated 6 March 1992,
Clarification and Interpretation of the 1987 Manual
and any
						  subsequent changes as the methodology to be used for identifying and
						  delineating wetlands in this Commonwealth. The 1987
Corps Wetland
						  Delineation Manual
, Publication No. ADA 176734 is available from the
						  National Technical Information Service (NTIS), Springfield, VA 21161, or
						  telephone: (703) 487-4650. Copies of the Supplemental Guidance issued by the
						  Corps concerning use of the 1987 Manual, (that is, the October 7, 1991,
						  Questions and Answers, and the March 6, 1992, Clarification and Interpretation
						  Memorandum) as well as the Administration's Wetlands Plan of August 24, 1993,
						  may be obtained by contacting the regulatory branch of a local Corps District,
						  or the EPA Wetlands Hotline at (800) 832-7828. For more information, contact
						  Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways
						  and Wetlands, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554,
						  telephone (717) 787-6827.
This section cited in 25 Pa. Code §
															96.3 (relating to water quality
								protection requirements); and 25 Pa. Code §
															105.13 (relating to regulated
								activities-information and fees).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter M - STATEMENTS OF POLICY › WETLANDS › Section 105.452 - Status of prior converted cropland-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section sets forth the policy of the
						  Department as to the status of prior converted cropland in this Commonwealth.
(b) The use of some procedure for
						  determining wetlands is necessary in order to administer, implement, enforce
						  and determine compliance with the act, The Clean Streams Law (35 P. S.
						  §§
														691.1-691.1001), the Solid Waste
						  Management Act (35 P. S. §§
														6018.101-6018.1003), the Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
														1396.1-1396.31), the Pennsylvania Sewage
						  Facilities Act (35 P. S. §§
														750.1-750.20), the Oil and Gas Act
						  (58
						  P. S. §§
														601.101-601.605) and other
						  applicable statutes administered by the Department and regulations promulgated
						  under these statutes.
(c) Naturally
						  occurring events may result in either creation or alteration of wetlands. It is
						  necessary to determine whether alterations to an area have resulted in changes
						  that are now "normal circumstances" of the particular area. The Department
						  recognizes "prior converted cropland," as defined in the
National Food
						  Security Act Manual
(180-V-NFSAM, Third Edition, March 1994), as
						  "normal circumstances" as the term is used in the definition of wetlands in
						  §
													105.1 (relating to definitions).
						  These prior converted croplands are not regulated as wetlands under the
						  Commonwealth's Wetland Protection Program contained in this chapter. Prior
						  converted cropland is defined in the
National Food Security Act
						  Manual
, as wetlands that were drained, dredged, filled, leveled or
						  otherwise manipulated, including the removal of woody vegetation, before
						  December 23, 1985, and have not been abandoned, for the purpose of, or to have
						  the effect of making the production of an agricultural commodity possible, and
						  an agricultural commodity was planted or produced at least once prior to
						  December 23, 1985.
(1) Abandonment is the
						  cessation of cropping, forage production or management on prior converted
						  cropland for 5 consecutive years, so that:
(i)
						  Wetland criteria are met.
(ii) The
						  area has not been enrolled in a conservation set-aside program.
(iii) The area was not enrolled in a State or
						  Federal wetland restoration program other than the Wetland Reserve
						  Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › GENERAL PROVISIONS › Section 106.2 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this chapter are the following:
(1) Encourage planning and development in
						floodplains which are consistent with sound land use practices.
(2) Protect people and property in
						floodplains from the dangers and damage of floodwaters and from materials
						carried by such floodwaters.
(3)
						Prevent and eliminate urban and rural blight which results from the damages of
						flooding.
(4) Support a
						comprehensive and coordinated program of floodplain management, based upon the
						National Flood Insurance Program, designed to preserve and restore the
						efficiency and carrying capacity of the streams and floodplains of the
						Commonwealth.
(5) Assist
						municipalities in qualifying for the National Flood Insurance
						Program.
(6) Provide for and
						encourage local administration and management of floodplains.
(7) Minimize the expenditure of public and
						private funds for flood control projects and for relief, rescue and recovery
						efforts.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › GENERAL PROVISIONS › Section 106.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The following highway obstructions or obstructions when
						  located in floodplains must meet the requirements of this chapter:
(1) Any highway obstruction or obstruction
						constructed, owned or maintained by the Commonwealth or a political subdivision
						of the Commonwealth; and
(2) Any
						obstruction constructed, owned or maintained by a public utility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT APPLICATIONS › Section 106.11 - Permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						person may construct, modify, remove, destroy or abandon a highway obstruction
						or an obstruction in a floodplain without first applying for and obtaining a
						written permit from the Department.
(b) Routine maintenance activities which will
						not impede, retard or change flood flows do not require a permit under the act
						or this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT APPLICATIONS › Section 106.12 - Permit applications-information and fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application for permits under this
						chapter shall be submitted to the Department in writing, upon forms provided by
						the Department.
(b) Each
						application submitted for a permit under this chapter shall be accompanied by a
						check for $50 payable to "Commonwealth of Pennsylvania"; except that
						applications submitted by Federal, State, county or municipal agencies or
						municipal authorities are exempt from the filing fee.
(c) A single application may be submitted and
						the Department may issue a single permit authorizing in one or more floodplains
						multiple obstructions or recurrent activities which are associated with an
						integrated project or activity or consist of numerous dispersed individual
						elements or classes of obstructions or activities similar in type, character or
						design.
(d) Each application for a
						permit shall be accompanied by the following information, maps, plans,
						specifications, design analyses, test reports and other data and additional
						information as may be required by the Department to determine compliance with
						this chapter:
(1) Floodplain maps prepared by
						FEMA and copies of municipal floodplain management regulations adopted under
						the act.
(2) Plans showing the
						location, size and height of the proposed highway obstruction or obstruction
						and detailing the topographic features, elevations, and nearby structures so as
						to enable an appraisal of the hazard potential of the obstruction.
(3) A description of the floodplain within
						the municipality or area which may be affected by the project and a plan
						showing drainage patterns and flood elevations within the floodplain.
(4) A hydrologic and hydraulic report which
						shall include:
(i) Data on size, shape and
						characteristics of the watershed.
(ii) The 100-year flood elevation.
(iii) An hydraulic analysis to show the
						effect of the highway obstruction or obstruction on the floodplain including a
						backwater analysis and an assessment of flood damage.
(5) For buildings subject to §
													106.31(c) 
						(relating to hydraulic capacity), an evacuation plan which fully explains the
						manner in which the site will be safely evacuated before or during a flood
						event.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT APPLICATIONS › Section 106.13 - Review of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications will be reviewed under
						prevailing practices in the engineering profession.
(b) In reviewing a permit application under
						this chapter for construction, modification, removal, abandonment, or
						destruction of a highway obstruction or obstruction, the Department will
						consider the following factors as they relate to flood damage or water
						pollution:
(1) Potential threats to life or
						property created by the highway obstruction or obstruction.
(2) Potential threats to safe navigation
						created by the highway obstruction or obstruction.
(3) The effect of the proposed highway
						obstruction or obstruction on the property or riparian rights of owners
						upstream, downstream, or adjacent to the highway obstruction or
						obstruction.
(4) The effect of the
						proposed highway obstruction or obstruction on the regimen of the watercourse
						or other body of water and on the prevention of pollution or other hazards to
						health, safety and welfare.
(5) The
						need for the proposed highway obstruction or obstruction to be located in the
						floodplain and alternatives in location, design and construction which are
						available to minimize the adverse impact of the project.
(6) Present conditions and the effects of
						reasonably foreseeable future development within the affected watershed
						upstream and downstream of the highway obstruction or obstruction. In assessing
						the impact of future development, the Department may require the applicant to
						submit data regarding estimated development potentials based on municipal,
						county and regional planning related to the affected watershed.
(7) Consistency with State and local
						floodplain and storm water management plans and programs, the State Water Plan
						and the Pennsylvania Coastal Zone Management Program.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT APPLICATIONS › Section 106.14 - Permit applications-public notice and time limits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will publish a notice in
						the
Pennsylvania Bulletin
upon receipt of a complete
						application for a permit and again upon the issuance or denial of a permit by
						the Department.
(b) Following the
						receipt of the complete application, the permit shall become effective in 60
						days unless the application is disapproved by the Department.
(c) No application for a permit is complete
						until necessary information required under the act and this chapter has been
						provided by the applicant. The Department will advise the applicant of the
						completeness of the application within 60 days after receipt of the
						application.
(d) Whenever the
						Department determines that an application is incomplete or contains
						insufficient information to determine compliance with this chapter, it will
						notify the applicant in writing. This notification will include a description
						of deficiencies and instructions for completion of the application. The
						applicant shall then have 60 days to complete his application, or the
						Department will return the application to the applicant as incomplete. The time
						required for the applicant to complete his application will not be counted as
						part of the Department's 60-day review period.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.21 - Issuance of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may grant a permit if it determines that the following applies:
(1) The application is complete.
(2) The proposed project or action complies
						with the standards and criteria of this chapter, The Flood Plain Management Act
						(32
						P. S. §§
														679.101-679.601) and The
						Clean Streams Law (35 P. S. §§
														691.1-691.1001).
(3) The proposed project or action will not
						threaten public health, safety and welfare.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.22 - Denial of permits

Current through Register Vol. 54, No. 28, July 13, 2024
The reason for denial of any permit application will be
						  communicated in writing to the applicant. A denial shall be subject to the
						  procedure for appeal and hearing before the Environmental Hearing Board as
						  provided by section 503(b) of The Flood Plain Management Act (32 P. S. §
													679.503), section 1921-A of The
						  Administrative Code of 1929 (71 P. S. §
													510.21) and
						  2
						  Pa.C.S. §§
													501-508 and
						  701-704 (relating to
						  Administrative Agency Law).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.23 - Compliance with other applicable statutes

Current through Register Vol. 54, No. 28, July 13, 2024
Receipt of a permit under this chapter shall not
						  relieve the permittee of the obligation of complying with all Federal,
						  Interstate compact and State laws, regulations and standards applicable to the
						  construction, operation or maintenance of the highway obstruction or
						  obstruction.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.24 - Coordination of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will establish a system to coordinate the application for and
						issuance of permits under this chapter with permit processes conducted under
						other statutes and regulations administered by the Department and with permit
						processes administered by other Federal and State agencies.
(b) Where possible, the Department will
						develop joint permit application forms to facilitate the submission of
						information on related activities of a project regulated under statutes and
						regulations administered by the Department and other Federal and State
						agencies, in order to reduce duplicate and repetitious application
						requirements. At the option of the applicant, such joint application forms may
						be used in lieu of individual applications for the required permits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.25 - Transfer of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Permits may
						be reissued in a new name if there is a change in the name of the
						owner.
(b) A permit may be
						transferred to a new owner only upon application to, and approval by, the
						Department upon forms provided by the Department.
(c) No permit may be transferred to a new
						owner if a violation of this chapter exists at the time of application for
						transfer unless the transfer will expedite correction of the
						violation.
(d) The original
						permittee shall not be relieved of the obligation to comply with this chapter,
						the terms and conditions of the permit or an order issued by the Department
						until the transfer has been approved.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 106 - FLOODPLAIN MANAGEMENT › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 106.26 - Modification, revocation and suspension of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may modify, suspend or
						revoke any permit issued under the act if it finds that the permittee has
						violated the permit terms and conditions, the provisions of the act, or the
						provisions of this chapter, or that any change has occurred in the physical
						condition of the site which will materially affect safe construction and
						maintenance of the structure or activity.
(b) The Department will issue to the
						permittee a written notice of the modification, suspension or revocation of a
						permit. Any such notice shall be subject to the procedure for appeal and
						hearing before the Environmental Hearing Board as provided by section 503(b) of
						The Flood Plain Management Act (32 P. S. §
													679.503) section 1921-A of The Administrative
						Code of 1929 (71 P. S. §
													510.21) and
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relatiing to
						Administrative Agency Law).