(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.
(2) Dams used
for the storage of water not located on a watercourse and which have no
contributory drainage where the greatest depth of water measured at upstream
toe of the dam at maximum storage elevation exceeds 15 feet and the impounding
capacity at maximum storage elevation exceeds 50 acre-feet.
(3) Dams used for the storage of fluids or
semifluids other than water, the escape of which may result in air, water or
land pollution or in danger to persons or property.
(4) Water obstructions and encroachments
other than dams located in, along or across, or projecting into a watercourse,
floodway or body of water, whether temporary or permanent.
(5) Flood control projects constructed, owned
or maintained by a governmental unit.
(b) For the purposes of this chapter, the
Department's jurisdiction in and along Lake Erie will be defined by the high
water elevation of 572.8 feet International Great Lakes Datum (IGLD) and low
water elevation of 568.6 IGLD. Dams, water obstructions and encroachments
constructed between elevation 572.8 IGLD and elevation 568.6 IGLD require a
permit under section 6 of the act (32 P.S. §
693.6). Dams, water obstructions and
encroachments constructed lakeward of elevation 568.6 IGLD require both a
permit under section 6 of the act and a Submerged Lands License Agreement under
section 15 of the act (32 P.S. §
693.15).
(c) The environmental assessment conducted
under this chapter is applicable to dams, water obstructions and encroachments
for which a permit or approval is required under this
chapter.
Notes
The
provisions of this § 105.3 adopted September 10, 1971, effective
9/11/1971, 1 Pa.B. 1804; amended
August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; amended October 6,
1978, effective 10/7/1978, 8
Pa.B. 2723; amended November 2, 1979, effective 11/3/1979, 9 Pa.B. 3640; amended September 26,
1980, effective 9/27/1980, 10
Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B.
4911.
The provisions of this § 105.3 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).
This section cited in 25 Pa. Code §
78a.1 (relating to definitions);
25 Pa. Code §
105.71 (relating to scope); 25 Pa.
Code §
105.141 (relating to scope); 25
Pa. Code §
105.181 (relating to scope); 25
Pa. Code §
105.221 (relating to scope); 25
Pa. Code §
105.251 (relating to scope); 25
Pa. Code §
105.291 (relating to scope); 25
Pa. Code §
105.321 (relating to scope); 25
Pa. Code §
105.361 (relating to scope); and
25 Pa. Code §
105.391 (relating to
scope).
