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 A - GENERAL PROVISIONS › GENERAL › Section 105.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 chapter, have the following meanings, unless the context clearly indicates
							 otherwise:
Act
-The Dam Safety and
							 Encroachments Act (32 P.S. §§
														693.1-693.27).
Along
-Touching or contiguous; to be
							 in contact with; to abut upon.
Appurtenant works
-Structures or
							 materials incident to or annexed to dams or water obstructions which are built
							 or maintained in connection with the dams or water obstructions and are
							 essential to their proper functioning. For dams, the term includes, but is not
							 limited to:
(i) Structures such as
						  spillways, either in the dam or separate therefrom.
(ii) Low level outlet works.
(iii) Conduits such as tunnels, pipelines or
						  penstocks through the dam or its abutments.
Archaeological site
-A known site of
							 archaeological significance based on the Comprehensive State Plan for
							 Conservation of Archaeological Resources. The Comprehensive State Plan is
							 available from the Historic and Museum Commission.
Body of water
-A natural or
							 artificial lake, pond, reservoir, swamp, marsh or wetland.
Bridge
-A structure and its
							 appurtenant works erected over the regulated waters of this
							 Commonwealth.
Commercially navigable waters of the
							 Delaware River and its navigable tributaries
-Portions of the Delaware
							 River from the Delaware border in the south to the railroad bridge at
							 Morrisville in the north; the Schuylkill River below Fairmount Dam; Chester
							 Creek below Ninth Street; Crum Creek below the Route 291 (Industrial Highway)
							 Bridge; Darby Creek below 84th Street; Neshaminy Creek below the Route 13
							 Bridge; Pennypack Creek below the Frankford Avenue Bridge; and Ridley Creek
							 below the Baltimore and Ohio Railroad Bridge in Chester.
Construct
-To erect, build, place or
							 deposit including preliminary preparation of a site for construction.
Contributory drainage area
-Area
							 upstream of a proposed or existing dam, water obstruction or encroachment that
							 contributes runoff to a watercourse.
Course
-The path taken by a stream,
							 floodway or body of water.
Cross section
-The area from the top
							 of the bank to the top of the opposite bank of a stream or body of water as cut
							 by a vertical plane passed at a right angle to the course of the stream.
Culvert
-A structure with
							 appurtenant works which carries a stream under or through an embankment or
							 fill.
Current
-The rate or velocity of flow
							 of water in a stream, floodway or body of water.
Dam
-An artificial barrier, together
							 with its appurtenant works, constructed for the purpose of impounding or
							 storing water or other fluid or semifluid, or a refuse bank, fill or structure
							 for highway, railroad or other purposes which does or may impound water or
							 other fluid or semifluid.
Design flood
-A specified discharge
							 for which the hydraulic capacity of a structure is designed.
Discharge of dredged material
-An
							 addition, deposit, disposal or discharge of dredged material into the regulated
							 waters of this Commonwealth including, but not limited to, the addition of
							 dredged material to a specific disposal site located in the regulated waters of
							 this Commonwealth and the runoff or overflow of dredged material from a
							 contained land or water disposal area. The term does not include plowing,
							 cultivating, seeding and harvesting for the production of food, fiber and
							 forest products.
Discharge of fill material
-
(i) An addition, deposit, disposal or
						  discharge of fill into the regulated waters of this Commonwealth, including,
						  but not limited to, the following types of construction:
(A) Fill that is necessary for the
						  construction of a structure in a regulated water of this
						  Commonwealth.
(B) A structure or
						  impoundment requiring rock, sand, soil or other material for its
						  construction.
(C) Site-development
						  fills for recreational, industrial, commercial, residential and other
						  uses.
(D) Causeways or
						  roadfills.
(E) Dams and
						  dikes.
(F) Artificial
						  islands.
(G) Property protection or
						  reclamation devices, such as riprap, groins, seawalls, breakwaters and
						  revetments.
(H) Levees.
(I) Fill for structures such as sewage
						  treatment facilities.
(J) Intake
						  and outfall pipes associated with power plants and subaqueous utility
						  lines.
(K) Artificial
						  reefs.