§ 105.13b. Proof of financial responsibility.
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).
(2) The Department may, upon review, request an increase in the amount of the bond or other legal device noted in paragraph (1)(iii) as necessary to ensure that sufficient funds are available. The Department may not increase this amount more than once every 10 years unless the facility is being modified by permit.
(3) This chapter applies to already existing permits issued for a Hazard Potential Category 1 or Category 2 dam. The owner of an already existing permitted Hazard Potential Category 1 or Category 2 dam shall satisfy the requirements of this section by January 8, 2016.
Authority The provisions of this § 105.13b issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.13b adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
Cross References This section cited in 25 Pa. Code § 105.21 (relating to criteria for permit issuance and denial); 25 Pa. Code § 105.25 (relating to transfer of permits); 25 Pa. Code § 105.81 (relating to permit applications for construction and modification of dams and reservoirs); and 25 Pa. Code § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs).
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