1Amending the act of November 26, 1978 (P.L.1375, No.325),
2entitled, as amended, "An act providing for the regulation
3and safety of dams and reservoirs, water obstructions and
4encroachments; consolidating and clarifying the programs of
5the Department of Environmental Resources and Navigation
6Commission for the Delaware River; establishing penalties and
7repealing certain acts," further providing for definitions,
8for proof of financial responsibility and for duties of
9owners.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 3 of the act of November 26, 1978
13(P.L.1375, No.325), known as the Dam Safety and Encroachments
14Act, amended October 23, 1979 (P.L.204, No.70) and May 16, 1985
15(P.L.32, No.15), is amended to read:

16Section 3. Definitions.

17The following words and phrases when used in this act shall
18have, unless the context clearly indicates otherwise, the
19meanings given to them in this section:

20"Appurtenant works." Include, but are not limited to, such

1structures as spillways, either in the dam or separate
2therefrom; low level outlet works; and conduits such as tunnels,
3pipelines or penstocks through the dam or its abutments.

4"Body of water." Any natural or artificial lake, pond,
5reservoir, swamp, marsh or wetland.

6"Category 1 dam." A regulated dam or reservoir with a hazard
7potential that poses any of the following:

8(1) A risk to a substantial number of homes, businesses
9or schools.

10(2) A risk of excessive economic loss, such as extensive
11residential, commercial or agricultural damage or substantial
12inconvenience.

13"Category 2 dam." A regulated dam or reservoir with a hazard
14potential that poses any of the following:

15(1) A risk to a small number of homes or small
16businesses.

17(2) A risk of appreciable economic loss, such as limited
18residential, commercial or agricultural damage or moderate
19public inconvenience.

20"Construct." To erect, build, place or deposit, including
21preliminary preparation of a site for construction.

22"Dam." Any artificial barrier, together with its appurtenant
23works, constructed for the purpose of impounding or storing
24water or any other fluid or semifluid; or any refuse bank fill
25or structure for highway, railroad or other purposes which does
26or may impound water or any other fluid or semifluid.

27"Department." The Department of Environmental Resources of
28the Commonwealth of Pennsylvania.

29"Encroachment." Any structure or activity which in any
30manner changes, expands or diminishes the course, current or

1cross-section of any watercourse, floodway or body of water.

2"Hearing board." The Environmental Hearing Board.

3["High hazard dam." Any dam so located as to endanger
4populated areas downstream by its failure.]

5"Navigation Commission." The Navigation Commission for the
6Delaware River or its navigable tributaries.

7"Operation." Elements of the use, control and functioning of
8a facility which may affect primarily the storage, release or
9flow of water, the structural safety of a facility or
10navigation, with due consideration of the other purposes of this
11act.

12"Owner." Any person who owns, controls, operates, maintains,
13or manages a dam or reservoir, water obstruction or
14encroachment.

15"Person." Includes any natural person, partnership,
16association, corporation, municipality, municipal authority,
17receiver or trustee and any department, board, commission or
18authority of the Commonwealth. Whenever used in a section
19prescribing and imposing a penalty or sanction, the term
20"person" shall include the members of an association and the
21officers of a corporation, municipality or municipal authority.

22"Regulated dam." A dam so located as to pose a hazard to
23populated areas downstream by its failure.

24"Reservoir." Any basin which contains or will contain the
25water or other fluid or semifluid impounded by a dam.

26"Safety." Security from the risk or threat of significant
27loss or injury to life, health, property and the environment.

28"Water obstruction." Includes any dike, bridge, culvert,
29wall, wing wall, fill, pier, wharf, embankment, abutment or
30other structure located in, along, across or projecting into any

1watercourse, floodway or body of water.

2"Watercourse" or "stream." Any channel of conveyance of
3surface water having a defined bed and banks, whether natural or
4artificial, with perennial or intermittent flow.

5Section 2. Section 11 of the act, amended October 23, 1979
6(P.L.204, No.70), is amended to read:

7Section 11. Proof of financial responsibility.

8(a) As a requirement for approval of a permit under this act
9for any [category of] Category 1 dam, water obstruction or
10encroachment which may present a substantial potential risk to
11life or property, the Environmental Quality Board may, by
12regulation, authorize the department to require proof of
13financial responsibility or security assuring the proper
14construction, operation, maintenance and termination of such
15projects.

16(b) As proof of such responsibility or security, the
17regulations may require one or more of the following:

18(1) a Certificate of Public Convenience from the Public
19Utility Commission if the owner of the proposed facility is
20subject to regulation under the act of May 28, 1937
21(P.L.1053, No.286), known as the "Public Utility Law";

22(2) ownership or management of the facility by an agency
23of the Federal, interstate, State, county or municipal
24government; or

25(3) a bond or other legal device of a form acceptable to
26the department, payable to the Commonwealth, which guarantees
27proper construction, repair, operation and maintenance,
28inspections and monitoring of the facility and removal, if
29necessary. [The] For a Category 1 dam, the amount of such
30shall be sufficient to cover all costs of entry, correction,

1repair, operation, maintenance, inspection, monitoring or
2removal of the facility by the Commonwealth in the event of
3failure of the owner to comply with the provisions of this
4act, or any regulation, permit or order issued hereunder.

5(c) The Commonwealth may seek reimbursement of incurred
6necessary costs if the owner fails to properly construct,
7operate, maintain or remove any Category 1 dam, Category 2 dam
8or any other dam subject to this act.

9Section 3. Section 13 of the act, amended May 16, 1985
10(P.L.32, No.15), is amended to read:

11Section 13. Duties of owners.

12(a) The owner of any dam, water obstruction or encroachment
13shall have the legal duty to:

14(1) monitor, operate and maintain the facility in a safe
15condition in accordance with the regulations, terms and
16conditions of permits, approved operating plans and orders of
17the department issued pursuant to this act;

18(2) conduct periodic inspections and analyses, as
19reasonably required by the department considering the type of
20facility and degree of potential hazard, and as required
21submit certified reports regarding the condition of the
22facility to the department: Provided, That in lieu of
23certified reports from the owner, the department may accept
24reports of equivalent inspections prepared by governmental
25agencies;

26(3) immediately notify the department and responsible
27authorities in downstream communities of any condition which
28threatens the safety of the facility, and take all necessary
29actions to protect life and property, including any action
30required under an emergency plan or department order issued

1pursuant to this act; and

2(4) prior to discontinuing use or abandonment, remove
3all or part of the facility and take other actions necessary
4to protect safety and the environment in a manner approved by
5the department.

6(b) In addition to the duties of subsection (a), the owner
7of any [high hazard] regulated dam which has been classified as
8such by the Department of Environmental Resources shall post
9notices in public places in any area which might be affected by
10the failure of the dam.

11Section 4. This act shall take effect in 60 days.