A Guide to the Pennsylvania Dam Safety and Encroachments Act Requirements, Process, and Compliance

The Pennsylvania Dam Safety and Encroachments Act plays a critical role in protecting the Commonwealth's water resources and ensuring the safe construction and operation of dams, water obstructions, and encroachments. This comprehensive guide provides an in-depth exploration of the Act's applicability, key provisions, and compliance obligations, enabling readers to navigate the complex regulatory landscape with confidence. By delving into the Act's structure, recent developments, and enforcement mechanisms, this resource offers invaluable insights into the effective management of projects subject to the Act's jurisdiction. Through a clear understanding of the Act's requirements, standards, and permitting processes, readers will be well-equipped to make informed decisions and develop strategies that prioritize environmental stewardship and regulatory compliance.

GENERAL INFORMATION

Key Details of the Pennsylvania Dam Safety and Encroachments Act

Issuing Agency: Pennsylvania Department of Environmental Protection (PADEP)

Year Established: 1978

Last Amended: 2006

Statutory Authority: The Dam Safety and Encroachments Act (P.L. 1375, No. 325)1

Primary Legal Reference: Title 25, Chapter 105 of the Pennsylvania Code2

Overview of the Pennsylvania Dam Safety and Encroachments Act

The Pennsylvania Dam Safety and Encroachments Act operates within the broader state regulatory framework overseen by the Pennsylvania Department of Environmental Protection (PADEP). This act primarily addresses the environmental issues related to the construction, maintenance, and safety of dams, reservoirs, water obstructions, and encroachments in the Commonwealth of Pennsylvania.3

The act was first enacted in 1978 and has undergone several amendments, with the most recent significant amendment occurring in 2006. The PADEP is the primary state agency responsible for administering and enforcing this regulation, with the goal of protecting the health, safety, welfare, and property of the people of Pennsylvania.4

The Dam Safety and Encroachments Act achieves its objectives by requiring permits for the construction, operation, maintenance, modification, enlargement, or abandonment of dams, reservoirs, water obstructions, and encroachments. It also establishes design criteria, construction standards, and monitoring requirements for these structures.5

What does the Pennsylvania Dam Safety and Encroachments Act protect?

The Pennsylvania Dam Safety and Encroachments Act protects the waters of the Commonwealth, including rivers, streams, lakes, and wetlands, from the potential adverse impacts of dams, water obstructions, and encroachments. The act safeguards these water resources by regulating the construction, operation, and maintenance of structures that could alter the natural flow of water, degrade water quality, or harm aquatic life and wildlife habitat.6 By requiring permits and establishing design and construction standards, the act helps prevent flooding, erosion, sedimentation, and other environmental damage that could result from improperly designed or maintained structures.7

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Pennsylvania Dam Safety and Encroachments Act, found in Title 32, Chapter 6 of the Pennsylvania Consolidated Statutes8, regulates various activities related to dams, reservoirs, water obstructions, and encroachments in the Commonwealth of Pennsylvania. The Act aims to protect the health, safety, welfare, and property of the people, as well as preserve the natural resources and environmental quality of the state9.

The Act applies to a wide range of entities, including:

  • Individuals
  • Partnerships
  • Associations
  • Corporations
  • Government agencies (local, state, and federal)
  • Any other legal entities undertaking regulated activities10

Regulated activities under the Act include:

  • Construction, operation, maintenance, modification, enlargement, or abandonment of dams, reservoirs, water obstructions, or encroachments11
  • Any activity that changes, expands, or diminishes the course, current, or cross-section of any watercourse, floodway, or body of water12

Prohibited activities under the Act include:

  1. Constructing, operating, maintaining, modifying, enlarging, or abandoning any dam, water obstruction, or encroachment without a permit from the Department of Environmental Protection (DEP)13
  2. Violating any provision, rule, regulation, order, or condition of any permit issued under the Act14
  3. Engaging in any activity that adversely affects public health, safety, welfare, or the environment15

These prohibitions are in place to ensure that all regulated activities are properly overseen and conducted in a manner that minimizes negative impacts on Pennsylvania's water resources and ecosystems.

Structure and Key Provisions

The Pennsylvania Dam Safety and Encroachments Act is organized into several key sections that outline the scope, requirements, and enforcement of the regulation. Some of the most important sections include:

§ 693.3. Definitions16

This section provides definitions for key terms used throughout the Act, such as "dam," "encroachment," "water obstruction," and "watercourse." Understanding these definitions is crucial for determining whether a specific activity or structure falls under the Act's jurisdiction.

§ 693.5. Jurisdiction and powers of department17

This section establishes the authority of the DEP to administer and enforce the Act, including the power to issue, modify, suspend, or revoke permits, and to conduct inspections and investigations.

§ 693.6. Permit requirements18

This section outlines the requirement for obtaining a permit from the DEP before engaging in any regulated activity. It also specifies the factors the DEP must consider when reviewing permit applications, such as the potential impact on public health, safety, and the environment.

§ 693.7. Plans, specifications and reports19

This section describes the required contents of permit applications, including plans, specifications, and reports that must be submitted to the DEP for review.

§ 693.12. Violations and enforcement20

This section details the enforcement actions the DEP may take in response to violations of the Act, including issuing orders, assessing civil penalties, and seeking injunctive relief.

While this overview provides a general understanding of the Act's structure and key provisions, it is essential for project proponents to consult the full text of the regulation and engage with the DEP for project-specific guidance to ensure compliance with all applicable requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Pennsylvania Dam Safety and Encroachments Act establishes various standards and limitations to protect the state's water resources and ensure the safety of dams and other water-related structures. These standards may include restrictions on the construction, modification, or removal of dams, water obstructions, and encroachments21. The Act also sets forth requirements for the design, construction, and maintenance of these structures to minimize adverse impacts on public health, safety, and the environment22.

Developers and consultants must work closely with the Pennsylvania Department of Environmental Protection (DEP) to understand and comply with the specific standards and limitations applicable to their projects. The DEP is responsible for implementing and enforcing these regulations through various mechanisms, such as permit conditions, inspections, and compliance monitoring23.

Monitoring, Reporting & Recordkeeping Obligations

The Pennsylvania Dam Safety and Encroachments Act imposes monitoring, reporting, and recordkeeping requirements on regulated entities to ensure compliance with the Act's provisions and protect public safety and the environment. These obligations may include:

  • Regular inspections of dams, water obstructions, and encroachments24
  • Monitoring of water levels, flow rates, and other relevant parameters25
  • Reporting of incidents, such as dam failures or unauthorized discharges26
  • Maintaining records of construction, maintenance, and repair activities27

Developers and consultants must collaborate closely with the DEP to understand and fulfill the specific monitoring, reporting, and recordkeeping requirements applicable to their projects. The DEP provides guidance and assistance to help regulated entities comply with these obligations and ensure the safe operation of dams and other water-related structures28.

Enforcement Actions & Penalties

The Pennsylvania DEP is authorized to take various enforcement actions against entities that violate the provisions of the Dam Safety and Encroachments Act. These actions may include29:

  • Issuing notices of violation or administrative orders requiring corrective action
  • Assessing civil penalties of up to $10,000 per day for each violation
  • Seeking injunctive relief to compel compliance or prevent further violations
  • Pursuing criminal penalties, including fines and imprisonment, for willful or negligent violations

To avoid enforcement actions and penalties, developers and consultants should prioritize proactive compliance and early engagement with the DEP. By working closely with the agency to understand and fulfill the Act's requirements, regulated entities can minimize the risk of violations and ensure the safe and environmentally sound development of their projects30.

It is essential for developers and consultants to consult the full text of the Dam Safety and Encroachments Act and collaborate with the DEP to understand the specific enforcement provisions and penalty structures that may apply to their projects31. The DEP provides guidance and assistance to help regulated entities navigate the enforcement process and achieve compliance with the Act's requirements.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

In recent years, the Pennsylvania Dam Safety and Encroachments Act has undergone several notable developments that have shaped the current regulatory landscape. One of the most significant changes occurred in 2013 when the Pennsylvania Department of Environmental Protection (DEP) revised its Chapter 105 regulations, which implement the Act. These revisions aimed to streamline the permitting process, clarify existing requirements, and enhance environmental protections.

Another important development was the passage of Act 162 of 2014, which amended the Dam Safety and Encroachments Act to provide additional exemptions for certain low-impact projects, such as the construction of recreational trails and the maintenance of existing stream crossings. This amendment has helped to reduce the regulatory burden on some developers and environmental consultants while still ensuring that projects with potential environmental impacts are adequately regulated.

Looking ahead, stakeholders should be aware of several proposed regulatory changes and policy initiatives that may affect the implementation of the Pennsylvania Dam Safety and Encroachments Act. For example, the DEP has been working on updates to its Chapter 105 General Permits, which are intended to provide a more efficient permitting process for routine and low-impact projects. The agency has also been developing new guidance documents and technical resources to assist permit applicants and environmental consultants in navigating the regulatory process.

To stay informed about these and other developments, stakeholders can monitor the DEP's website, which provides regular updates on proposed regulations, public comment periods, and other relevant information32. Additionally, industry associations such as the Pennsylvania Environmental Council and the Pennsylvania Association of Environmental Professionals often provide valuable insights and educational resources related to the Dam Safety and Encroachments Act and its evolving regulatory landscape.

Additional Resources

Pennsylvania Dam Safety and Encroachments Act Full Text: The complete text of the Pennsylvania Dam Safety and Encroachments Act, including all amendments.

REFERENCES

  1. Dam Safety and Encroachments Act, P.L. 1375, No. 325 (1978). ↩

  2. 25 Pa. Code § 105. ↩

  3. 32 P.S. § 693.2. ↩

  4. 32 P.S. § 693.5. ↩

  5. 32 P.S. § 693.6-693.9. ↩

  6. 25 Pa. Code § 105.2. ↩

  7. 25 Pa. Code § 105.3. ↩

  8. 32 Pa. Cons. Stat. § 693.1 et seq. (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6 ↩

  9. 32 Pa. Cons. Stat. § 693.2 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=2&subsctn=0 ↩

  10. 32 Pa. Cons. Stat. § 693.3 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=3&subsctn=0 ↩

  11. 32 Pa. Cons. Stat. § 693.4(a) (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=4&subsctn=0 ↩

  12. 32 Pa. Cons. Stat. § 693.3 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=3&subsctn=0 ↩

  13. 32 Pa. Cons. Stat. § 693.6(a) (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=6&subsctn=0 ↩

  14. 32 Pa. Cons. Stat. § 693.12(a) (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=12&subsctn=0 ↩

  15. 32 Pa. Cons. Stat. § 693.2 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=2&subsctn=0 ↩

  16. 32 Pa. Cons. Stat. § 693.3 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=3&subsctn=0 ↩

  17. 32 Pa. Cons. Stat. § 693.5 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=5&subsctn=0 ↩

  18. 32 Pa. Cons. Stat. § 693.6 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=6&subsctn=0 ↩

  19. 32 Pa. Cons. Stat. § 693.7 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=7&subsctn=0 ↩

  20. 32 Pa. Cons. Stat. § 693.12 (2023). https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=32&div=0&chpt=6&sctn=12&subsctn=0 ↩

  21. 32 P.S. § 693.5 (2023) ↩

  22. 25 Pa. Code § 105.71 (2023) ↩

  23. Pennsylvania Department of Environmental Protection. (2023). Dam Safety and Encroachments. https://www.dep.pa.gov/Business/Water/Waterways/Encroachments/Pages/default.aspx ↩

  24. 25 Pa. Code § 105.53 (2023) ↩

  25. 25 Pa. Code § 105.134 (2023) ↩

  26. 25 Pa. Code § 105.136 (2023) ↩

  27. 25 Pa. Code § 105.131 (2023) ↩

  28. Pennsylvania Department of Environmental Protection. (2023). Dam Safety and Encroachments: Monitoring and Reporting. https://www.dep.pa.gov/Business/Water/Waterways/Encroachments/Pages/Monitoring-and-Reporting.aspx ↩

  29. 32 P.S. § 693.21 (2023) ↩

  30. Pennsylvania Department of Environmental Protection. (2023). Dam Safety and Encroachments: Compliance and Enforcement. https://www.dep.pa.gov/Business/Water/Waterways/Encroachments/Pages/Compliance-and-Enforcement.aspx ↩

  31. Pennsylvania Department of Environmental Protection. (2023). Dam Safety and Encroachments Act. https://www.dep.pa.gov/Business/Water/Waterways/Encroachments/Pages/Dam-Safety-and-Encroachments-Act.aspx ↩

  32. Pennsylvania Department of Environmental Protection. (2021). Public Participation. Retrieved from https://www.dep.pa.gov/PublicParticipation/Pages/default.aspx ↩

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A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the Dam Safety and Encroachments Act. However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.