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
21structures as spillways, either in the dam or separate

1therefrom; low level outlet works; and conduits such as tunnels,
2pipelines or penstocks through the dam or its abutments.

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

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

7(1) A risk to a substantial number of homes, businesses
8or schools.

9(2) A risk of excessive economic loss, such as extensive
10residential, commercial or agricultural damage or substantial
11inconvenience.

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

14(1) A risk to a small number of homes or small
15businesses.

16(2) A risk of appreciable economic loss, such as limited
17residential, commercial or agricultural damage or moderate
18public inconvenience.

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

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

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

28"Encroachment." Any structure or activity which in any
29manner changes, expands or diminishes the course, current or
30cross-section of any watercourse, floodway or body of water.

1"Hearing board." The Environmental Hearing Board.

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

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

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

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

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

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

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

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

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

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

4Section 2. Section 11 of the act, amended October 23, 1979
5(P.L.204, No.70), is amended to read:

6Section 11. Proof of financial responsibility.

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

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

17(1) a Certificate of Public Convenience from the Public
18Utility Commission if the owner of the proposed facility is
19subject to regulation under the act of May 28, 1937
20(P.L.1053, No.286), known as the "Public Utility Law";

21(2) ownership or management of the facility by an agency
22of the Federal, interstate, State, county or municipal
23government; or

24(3) a bond or other legal device of a form acceptable to
25the department, payable to the Commonwealth, which guarantees
26proper construction, repair, operation and maintenance,
27inspections and monitoring of the facility and removal, if
28necessary. [The] For a Category 1 dam, the amount of such
29shall be sufficient to cover all costs of entry, correction,
30repair, operation, maintenance, inspection, monitoring or

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

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

8Section 3. Section 13 of the act, amended May 16, 1985
9(P.L.32, No.15), is amended to read:

10Section 13. Duties of owners.

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

13(1) monitor, operate and maintain the facility in a safe
14condition in accordance with the regulations, terms and
15conditions of permits, approved operating plans and orders of
16the department issued pursuant to this act;

17(2) conduct periodic inspections and analyses, as
18reasonably required by the department considering the type of
19facility and degree of potential hazard, and as required
20submit certified reports regarding the condition of the
21facility to the department: Provided, That in lieu of
22certified reports from the owner, the department may accept
23reports of equivalent inspections prepared by governmental
24agencies;

25(3) immediately notify the department and responsible
26authorities in downstream communities of any condition which
27threatens the safety of the facility, and take all necessary
28actions to protect life and property, including any action
29required under an emergency plan or department order issued
30pursuant to this act; and

1(4) prior to discontinuing use or abandonment, remove
2all or part of the facility and take other actions necessary
3to protect safety and the environment in a manner approved by
4the department.

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

10Section 4. This act shall take effect in 60 days.