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 103 - FINANCIAL ASSISTANCE › Subchapter D - STATE GRANTS FOR CONSTRUCTION OF SEWAGE FACILITIES › STATE GRANTS FOR CONSTRUCTION › Section 103.82 - Eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Projects which meet both of the following criteria
							 are eligible for construction grants:
(1) The eligible costs of the project based
						  on construction bids or actual construction and associated costs exceed the
						  amount of grant funds made available from other State and Federal grant
						  sources.
(2) The municipality to be
						  served by the proposed project suffers from unusual financial hardship and
						  State grant funds are available for the project. In evaluating the extent of
						  financial hardship, the Department will consider the ratio of the median family
						  income in the municipality to be initially served by the project to the State
						  median family income and the annual sewer rental to be charged.
The provisions of this §
															103.82 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code § 103.81
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter D - STATE GRANTS FOR CONSTRUCTION OF SEWAGE FACILITIES › STATE GRANTS FOR CONSTRUCTION › Section 103.83 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for grants shall be made on forms
							 provided by and in a manner prescribed by the Department and shall contain and
							 be supplemented with such information as may be required by the Department.
The provisions of this §
															103.83 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code § 103.81
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 103 - FINANCIAL ASSISTANCE › Subchapter D - STATE GRANTS FOR CONSTRUCTION OF SEWAGE FACILITIES › STATE GRANTS FOR CONSTRUCTION › Section 103.84 - Payments and grant amount

Current through Register Vol. 54, No. 28, July 13, 2024
Payment of grants funds shall be made subject to the
							 terms and conditions established by the Department.
The provisions of this §
															103.84 amended under The Clean
								Streams Law (35 P. S. §§
																691.1-691.1001); section 16(2) of the Land
								and Water Conservation and Reclamation Act (32 P. S. §
																5116(2)); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code § 103.81
								(relating to scope).
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 105.2 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
The purposes of this chapter are to:
(1) Provide for the comprehensive regulation
						  and supervision of dams, reservoirs, water obstructions and encroachments in
						  the Commonwealth in order to protect the health, safety, welfare and property
						  of the people.
(2) Assure proper
						  planning, design, construction, maintenance, monitoring and supervision of dams
						  and reservoirs, including preventive measures necessary to provide an adequate
						  margin of safety.
(3) Assure proper
						  planning, design, construction, maintenance and monitoring of water
						  obstructions and encroachments, in order to prevent unreasonable interference
						  with water flow and to protect navigation.
(4) Protect the natural resources,
						  environmental rights and values secured by PA. CONST. art. I, § 27 and
						  conserve and protect the water quality, natural regime and carrying capacity of
						  watercourses.
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 105.3 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
						  structures or activities are regulated under the act and section 302 of the
						  Flood Plain Management Act (32 P.S. §
														679.302):
(1) Dams on a natural or artificial
						  watercourse, other than those licensed under the Federal Power Act
						  (16 U.S.C.A. §§
															791a-825s), where one or more of the
						  following occur:
(i) The contributory drainage
						  area exceeds 100 acres.
(ii) The
						  greatest depth of water measured by upstream toe of the dam at maximum storage
						  elevation exceeds 15 feet.
(iii)
						  The impounding capacity at maximum storage elevation exceeds 50
						  acre-feet.
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 105.4 - Delegations to local agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Under section 17 of the act (32 P.S. §
														693.17) and subject to this section, the
						  Department may by written agreement delegate to a county conservation district
						  or other county agency one or more of its regulatory functions including
						  enforcement and the power to permit, inspect and monitor specified categories
						  of water obstructions and encroachments.
(b) No delegation may be made of the
						  authority to issue permits for a water obstruction or encroachment constructed,
						  owned or maintained by the Commonwealth, a political subdivision or a public
						  utility. Delegations may be made of the powers to inspect and monitor the
						  activities, if the Department retains final authority to approve or disapprove
						  permits, and concurrent authority to inspect, monitor and enforce the
						  act.
(c) To the extent delegated by
						  the agreement, the delegations may include the authority to enforce the act and
						  this chapter and to exercise other powers and duties otherwise vested in the
						  Department to implement the act with respect to the categories of water
						  obstructions and encroachments covered by the delegation.
(d) A delegation agreement will:
(1) Specify the powers and duties to be
						  performed by the delegated agency.
(2) Specify the categories of water
						  obstructions and encroachment activities to be covered by the delegated
						  agency.
(3) Provide for the
						  commitment by the delegated agency of sufficient trained staff and resources to
						  perform the powers and duties to be delegated.
(4) Require the delegated agency to maintain
						  records of activities performed under the delegation.
(5) Provide for monitoring and supervision by
						  the Department of performance by the delegated agency of the functions
						  delegated under the agreement.
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 › PERMIT APPLICATIONS › Section 105.13 - Regulated activities-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. Applicants are encouraged to request a meeting with the
						  Department prior to submission of their applications. An application for a
						  permit, registration for a general permit, request for permit amendment, major
						  or minor letter of amendment or authorization, major dam design revision,
						  environmental assessments, permit transfer or annual dam registration under
						  this chapter shall be accompanied by a check for the applicable fees except for
						  submissions by Federal, State, county or municipal agencies or a municipal
						  authority.
(b) Fees collected by
						  the Dam Safety Program and Water Obstruction and Encroachment Program,
						  including delegations to local agencies, will be deposited into a restricted
						  revenue account known as the Clean Water Fund and utilized to offset the
						  operating costs to implement respective programs.
(c) The fees are as follows:
(1)
Dams based on size and hazard
						  potential category as defined in §
															105.91 (relating to classification
						  of dams and reservoirs).
(i)
Dam permit application fees for new dam construction.
Hazard Potential
									 Category
1
2
3
4
Size Category
A
$26,500
$26,500
$25,500
$23,500
B
$19,000
$19,000
$18,500
$17,000
C
$10,500
$10,500
$10,000
$8,000
(A)
						  Initial fees are based upon the size and hazard potential category of the final
						  operating stage of the dam.
(B)
						  Staged construction requires an additional 90% of the appropriate fee for each
						  additional stage beyond the initial stage of work proposed under this permit
						  application, including any closure stage.
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 › PERMIT APPLICATIONS › Section 105.13a - Complete applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for a permit is complete when the necessary information is provided
						  and requirements under the act and this chapter have been satisfied by the
						  applicant.
(b) When the Department
						  determines that an application is incomplete or contains insufficient
						  information, it will notify the applicant in writing. The applicant shall have
						  60 days from the date of the Department's letter to complete the application or
						  the Department will consider the application to be withdrawn. Requests for a
						  specific extension shall be submitted by the applicant in writing. The
						  applicant will be notified in writing when an application is considered
						  withdrawn. If the applicant chooses to reapply for a permit, a new complete
						  application and fee will be required.
The provisions of this §
															105.13a issued under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.81 (relating to permit
								applications for construction and modification of dams and
								reservoirs).
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 › PERMIT APPLICATIONS › Section 105.13b - Proof of financial responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
For continued operation and maintenance of all
							 existing Hazard Potential Category 1 or Category 2 dams, as classified in
							 §
													105.91 (relating to classification
							 of dams and reservoirs), and water obstructions or encroachments which present
							 a substantial potential risk to life or property; and as a requirement for
							 approval of a permit under this chapter for a Hazard Potential Category 1 or
							 Category 2 dam, and water obstruction or encroachment which presents a
							 substantial potential risk to life or property, the Department will require
							 proof of financial responsibility or security assuring the proper construction,
							 repair, operation and maintenance, inspection and monitoring and removal, if
							 necessary, of the facility.
(1) As
						  proof of responsibility or security, the Department may require one or more of
						  the following:
(i) A certificate of public
						  convenience from the Public Utility Commission if the owner of the proposed
						  facility is subject to regulation under 66 Pa.C.S. (relating to Public Utility
						  Code).
(ii) Ownership or management
						  of the facility by an agency of the Federal, State, county or municipal
						  government or of an interstate compact.
(iii) A bond or other legal device of a form
						  acceptable to the Department, payable to the Commonwealth, which guarantees
						  proper construction, repair, operation and maintenance, inspection and
						  monitoring, and removal, if necessary, of the facility. The amount of bond or
						  legal device must be sufficient to cover the costs of entry, repair,
						  correction, operation, maintenance, inspection, monitoring or removal of the
						  facility by the Commonwealth in the event of failure of the owner to comply
						  with orders of the Department, terms and conditions of the permit, this chapter
						  and the act and section 302 of the Flood Plain Management Act (32 P. S. §
															679.302).
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 › PERMIT APPLICATIONS › Section 105.15 - Environmental assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person may not construct, operate, maintain, modify, enlarge or abandon the
						  following categories of structures or activities until an Environmental
						  Assessment has been approved in writing by the Department. The Environmental
						  Assessment must be on a form provided by the Department and include the
						  following information:
(1) For dams, water
						  obstructions or encroachments permitted under this chapter, the Department will
						  base its evaluation on the information required by §
														105.13 (relating to permit
						  applications-information and fees) and the factors included in §
														105.14(b) 
						  (relating to review of applications) and this section.
(2) For dams, water obstructions or
						  encroachments located in, along or projecting into a wetland for which a permit
						  is not otherwise required under this chapter, the Department will base its
						  evaluation on the information required by §
														105.13(d) and the
						  factors included in §
														105.14(b) and
						  this section.
(3) For dams located
						  in, along or projecting into an exceptional value water as defined in Chapter
						  93 (relating to water quality standards) for which a permit is not otherwise
						  required under this chapter, the Department will base its evaluation on the
						  information required by the factors included in Chapter 93 and §§
														105.13(d) and
						  105.14(b) and the
						  following information submitted by the applicant:
(i) The surface area of the
						  impoundment.
(ii) The height of the
						  dam.
(iii) The mean depth and
						  maximum depth of the stream at the location of the dam.
(iv) A description of the release
						  structure.
(v) The rate of a
						  conservation release.
(vi) The
						  design of bypass structures.
(vii)
						  The use of the dam.
(viii) The
						  material used for construction of the dam.
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 › PERMIT APPLICATIONS › Section 105.16 - Environmental, social and economic balancing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Department determines that there
						  may be an impact on natural, scenic, historic or aesthetic values of the
						  environment, the Department will consult with the applicant to examine ways to
						  reduce the adverse environmental impact. If, after consideration of mitigation
						  measures, the Department finds that the adverse environmental impact will
						  occur, the Department will evaluate the public benefits of the project to
						  determine whether the public benefits outweigh the environmental
						  harm.
(b) An application for a
						  permit for a structure or activity which the Department determines will have an
						  adverse impact on the environment or public natural resources will not be
						  approved by the Department unless the applicant demonstrates and the Department
						  finds that the public benefits of the proposed project outweigh the harm to the
						  environment and public natural resources. Public benefits include, but are not
						  limited to:
(1) Correction and prevention of
						  pollution.
(2) Protection of public
						  health and safety.
(3) Reduction of
						  flood damages.
(4) Development of
						  energy resources.
(5) Creation or
						  preservation of significant employment.
(6) Provision of public utility
						  services.
(7) Other essential
						  social and economic development which benefits a substantial portion of the
						  public.
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 › PERMIT APPLICATIONS › Section 105.17 - Wetlands

Current through Register Vol. 54, No. 28, July 13, 2024
Wetlands are a valuable public natural resource. This
							 chapter will be construed broadly to protect this valuable resource.
(1)
Exceptional value
						  wetlands.
This category of wetlands deserves special protection.
						  Exceptional value wetlands are wetlands that exhibit one or more of the
						  following characteristics:
(i) Wetlands which
						  serve as habitat for fauna or flora listed as "threatened" or "endangered"
						  under the Endangered Species Act of 1973 (7 U.S.C.A. §
															136;
						  16 U.S.C. A. §§
															4601-9,
						  460k-1,
						  668dd,
						  715i,
						  715a,
						  1362,
						  1371,
						  1372,
						  1402 and
						  1531-1543), the Wild Resource
						  Conservation Act (32 P. S. §§
															5301-5314), 30 Pa.C.S. (relating to the Fish
						  and Boat Code) or 34 Pa.C.S. (relating to the Game and Wildlife
						  Code).
(ii) Wetlands that are
						  hydrologically connected to or located within 1/2-mile of wetlands identified
						  under subparagraph (i) and that maintain the habitat of the threatened or
						  endangered species within the wetland identified under subparagraph
						  (i).
(iii) Wetlands that are
						  located in or along the floodplain of the reach of a wild trout stream or
						  waters listed as exceptional value under Chapter 93 (relating to water quality
						  standards) and the floodplain of streams tributary thereto, or wetlands within
						  the corridor of a watercourse or body of water that has been designated as a
						  National wild or scenic river in accordance with the Wild and Scenic Rivers Act
						  of 1968 (16 U.S.C.A.
						  §§
															1271-1287) or designated
						  as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P. S.
						  §§
															820.21-820.29).
(iv) Wetlands located along an existing
						  public or private drinking water supply, including both surface water and
						  groundwater sources, that maintain the quality or quantity of the drinking
						  water supply.
(v) Wetlands located
						  in areas designated by the Department as "natural" or "wild" areas within State
						  forest or park lands, wetlands located in areas designated as Federal
						  wilderness areas under the Wilderness Act (16 U.S.C.A. §§
															1131-1136) or the Federal Eastern
						  Wilderness Act of 1975 (16
						  U.S.C.A. §
															1132) or wetlands located in
						  areas designated as National natural landmarks by the Secretary of the Interior
						  under the Historic Sites Act of 1935 (16 U.S.C.A. §§
															461-467).
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 › PERMIT APPLICATIONS › Section 105.18a - Permitting of structures and activities in wetlands

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exceptional value
						  wetlands.
Except as provided for in subsection (c), the Department
						  will not grant a permit under this chapter for a dam, water obstruction or
						  encroachment located in, along, across or projecting into an exceptional value
						  wetland, or otherwise affecting an exceptional value wetland, unless the
						  applicant affirmatively demonstrates in writing and the Department issues a
						  written finding that the following requirements are met:
(1) The dam, water obstruction or
						  encroachment will not have an adverse impact on the wetland, as determined in
						  accordance with §§
														105.14(b) and
						  105.15 (relating to review of
						  applications; and environmental assessment).
(2) The project is water-dependent. A project
						  is water-dependent when the project requires access or proximity to or siting
						  within the wetland to fulfill the basic purposes of the project.
(3) There is no practicable alternative to
						  the proposed project that would not involve a wetland or that would have less
						  effect on the wetland, and not have other significant adverse effects on the
						  environment. An alternative is practicable if it is available and capable of
						  being carried out after taking into consideration construction cost, existing
						  technology and logistics. An area not presently owned by the applicant which
						  could reasonably be obtained, utilized, expanded or managed to fulfill the
						  basic purpose of the project shall be considered as a practicable alternative.
(4) The project will not cause or
						  contribute to a violation of an applicable State water quality
						  standard.
(5) The project will not
						  cause or contribute to pollution of groundwater or surface water resources or
						  diminution of resources sufficient to interfere with their uses.
(6) The cumulative effect of this project and
						  other projects will not result in the impairment of the Commonwealth's
						  exceptional value wetland resources.
(7) The applicant shall replace affected
						  wetlands in accordance with §
														105.20a (relating to wetland
						  replacement criteria).
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 › PERMIT APPLICATIONS › Section 105.19 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															105.19 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); reserved under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.16 (relating to environmental,
								social and economic balancing).
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 › PERMIT APPLICATIONS › Section 105.20 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															105.20 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); reserved under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.16 (relating to environmental,
								social and economic balancing); and 25 Pa. Code §
															105.442 (relating to authorization
								for general 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 A - GENERAL PROVISIONS › PERMIT APPLICATIONS › Section 105.20a - Wetland replacement criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Wetlands replacement must meet the
						  following general criteria:
(1)
Area
						  ratio.
The wetland shall be replaced at a minimum area ratio of
						  replacement acres to affected acres of 1:1. The Department may require the area
						  ratio to exceed 1:1 based on a determination of the area affected and the
						  functions and values which will be destroyed or adversely affected by the
						  project. For structures or activities constructed without a permit, and for
						  which mitigation, as defined in §
														105.1 (relating to definitions),
						  cannot be achieved, the wetland shall be replaced at a minimum area ratio of
						  2:1 (replacement acres: affected acres). The Department may require the area
						  ratio to exceed 2:1 based on a determination of the area affected and the
						  functions and values which were destroyed or adversely affected by the
						  project.
(2)
Function and
						  value replacement.
Functions and values that are physically and
						  biologically the same as those that are lost shall be replaced at a minimum
						  ratio of 1:1. The Department may require the functions and values ratio to
						  exceed 1:1 based on the area affected and on the functions and values which
						  will be destroyed as adversely affected by the project and the replacement
						  ratio. For structures or activities constructed without a permit, and for which
						  mitigation, as defined in § 105.1, cannot be achieved, the wetland shall
						  be replaced at a minimum area ratio of 2:1. The Department may require the area
						  ratio to exceed 2:1 based on a determination of the area affected and the
						  functions and values which were destroyed or adversely affected by the
						  project.
(3)
Siting
						  criteria.
Replacement shall be located adjacent to the impacted
						  wetland unless an alternative replacement site is approved by the Department.
						  Alternative replacement sites will generally not be approved unless the
						  replacement site is located within the same watershed as the wetland being
						  replaced or within the designated boundaries of the coastal zone management
						  area where the loss occurs.
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.21 - Criteria for permit issuance and denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the other requirements of
						  this chapter, a permit application will not be approved unless the applicant
						  demonstrates that the following conditions are met:
(1) The application is complete and
						  accurate.
(2) The proposed project
						  or action complies with the standards and criteria of this title and with other
						  laws administered by the Department, the Fish and Boat Commission and river
						  basin commissions created by interstate compact.
(3) The proposed project or action will
						  adequately protect public health, safety and the environment.
(4) The proposed project or action is
						  consistent with the environmental rights and values secured by Pa. Const. Art.
						  I, § 27 and with the duties of the Commonwealth as trustee to conserve and
						  maintain public natural resources of this Commonwealth.
(5) The applicant has not been found to be in
						  continuing violation of this title or other laws administered by the
						  Department, the Fish and Boat Commission, or a river basin commission created
						  by interstate compact, including, but not limited to, a violation of an
						  adjudication and order, agreement, consent order or decree, whether or not the
						  applicant's violation resulted in an order or civil penalty
						  assessment.
(6) The applicant has
						  submitted adequate proof of financial responsibility, if required under §
														105.13b (relating to proof of
						  financial responsibility).
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.21a - Public notice

Current through Register Vol. 54, No. 28, July 13, 2024
Except for dams, water obstructions and encroachments
							 authorized under §§
													105.12,
							 105.64 and Subchapter L (relating
							 to waiver of permit requirements; emergency permit; and general permits), or as
							 small projects, the Department will publish a notice in the
Pennsylvania Bulletin
upon receipt of an application and again
							 upon the issuance or denial of a permit by the Department.
The provisions of this §
															105.21a issued 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 A - GENERAL PROVISIONS › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.22 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.23 - Compliance with other applicable statutes

Current through Register Vol. 54, No. 28, July 13, 2024
Receipt of a permit under this chapter does not
							 relieve the permittee of the obligation of complying with Federal, interstate
							 compact and State laws, regulations and standards applicable to the
							 construction, operation or maintenance of the dam or water obstruction.
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.24 - 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) When 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, to reduce duplicate and repetitious application requirements. The
						  joint application forms shall be used in lieu of individual applications for
						  the required permits, except for small projects.
The provisions of this §
															105.24 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 A - GENERAL PROVISIONS › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.25 - Transfer of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit
						  must be transferred or notification provided to the Department as follows:
(1) If the owner and permittee are the same
						  person and there is a change in ownership, the permit must be transferred to
						  the new owner of the dam, water obstruction or encroachment.
(2) If the owner and permittee are not the
						  same person and there is a change of permittee, but not ownership of the dam,
						  water obstruction or encroachment, the permit must be transferred to the new
						  permittee.
(3) If the owner and
						  permittee are not the same person and there is a change in ownership, but not
						  permittee of the dam, water obstruction or encroachment, the change in
						  ownership must be reported by the permittee to the Department in writing within
						  30 days.
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.26 - Revocation and suspension of permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Failure to comply with a provision of
						  this chapter, an order of the Department, or a term or condition of a permit
						  issued under this chapter, or the submission of false or misleading information
						  on a permit application, will be cause for the Department to revoke or suspend
						  a permit.
(b) The Department will
						  issue to the permittee a written notice of the suspension or revocation of a
						  permit. The notice shall be subject to the procedure for appeal and hearing
						  before the EHB as provided under section 24 of the act (32 P. S. §
														693.24); section 503(b) of the Flood Plain
						  Management Act (32 P. S. §
														679.503(b)); 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 the
						  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 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter A - GENERAL PROVISIONS › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.27 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.28 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.29 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.29a - Burden of proof

Current through Register Vol. 54, No. 28, July 13, 2024
In a civil or administrative action taken by the
							 Department under this chapter, the person against whom the action has been
							 taken has the burden of proof to demonstrate that the project complies with the
							 act and this chapter.
The provisions of this §
															105.29a issued 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 A - GENERAL PROVISIONS › PERMIT ISSUANCE, TRANSFER AND REVOCATION › Section 105.30 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.31 - Property rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						  provided in §§
													105.32 and
						  105.33 (relating to
						  projects-proper purpose; and licenses for public service corporations), a
						  permit issued under this chapter may not give real or personal property rights
						  nor grant exclusive privileges; nor may it be construed to grant or confer a
						  right, title, easement or interest in, to or over lands belonging to the
						  Commonwealth.
(b) A permit for a
						  dam, water obstruction or encroachment to occupy submerged lands of the
						  Commonwealth will not be issued by the Department until the applicant has first
						  obtained one of the following:
(1) An
						  easement, right-of-way, license or lease from the Department under section 15
						  of the act (32 P. S. §
															693.15) and
						  § 105.32.
(2) A license under
						  section 514 of The Administrative Code of 1929 (71 P. S. §
															194) and § 105.33.
(3) A license, easement, right-of-way or
						  other interest in the submerged lands of this Commonwealth granted under
						  specific statutory authority from the General Assembly.
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.32 - Projects-proper purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  applicant does not have an estate or interest in the submerged lands of this
						  Commonwealth under other specific authority from the General Assembly at the
						  time of application for a permit under the act, the Department may, with the
						  approval of the Governor, grant an easement, right-of-way, license or lease to
						  occupy submerged lands of this Commonwealth in a navigable lake or river or
						  stream declared a public highway for a dam, water obstruction or encroachment
						  regulated under this chapter which is constructed for the purpose of:
(1) Improving navigation or public
						  transportation.
(2) Recreation,
						  fishing or other public trust purposes.
(3) Protecting public safety or the
						  environment.
(4) Providing water
						  supply, energy production or waste treatment.
(5) Providing a public utility service by a
						  government agency or subdivision, public utility or electric cooperative.
(6) Other activities which require
						  access to water.
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.33 - Licenses for public service corporations

Current through Register Vol. 54, No. 28, July 13, 2024
In accordance with section 514 of The Administrative
							 Code of 1929 (71 P. S. §
														194), a
							 permit issued to a public service corporation to place a public service line
							 upon, in or over submerged land of this Commonwealth will incorporate a license
							 for the privilege of crossing Commonwealth lands.
This section cited in 25 Pa. Code §
															105.25 (relating to transfer of
								permits); and 25 Pa. Code §
															105.31 (relating to property
								rights).
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.34 - Navigation and public trust

Current through Register Vol. 54, No. 28, July 13, 2024
An easement, right-of-way, lease or license will not
							 be granted by the Department if it may adversely affect navigation or
							 significantly impair the right in lands of the public held in trust by the
							 Commonwealth.
The provisions of this §
															105.34 amended under section 5 of
								the Dam Safety and Encroachment Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.25 (relating to transfer of
								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 A - GENERAL PROVISIONS › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.35 - Charges for use and occupation of submerged lands of this Commonwealth

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						  provided in subsections (b) and (c), the following charges apply to the
						  granting of an easement, right-of-way, license or lease to occupy submerged
						  lands of this Commonwealth issued under section 15 of the act (32 P. S. §
														693.15) and §
													105.32 (relating to
						  projects-proper purpose):
(1) For commercial
						  utility and other dams, water obstructions and encroachments except as listed
						  in subsection (c), annual license charges:
(i)
						  For areas occupied by facilities, $150 per tenth of an acre.
(ii) For barge fleeting and mooring areas,
						  $30 per tenth of an acre.
(iii)
						  Minimum annual charge, $750.
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.36 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.37 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.38 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024