25 Pa. Code § 105.3. Scope.

§ 105.3. Scope.

(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.

Authority

   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).

Source

   The provisions of this §  105.3 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended October 6, 1978, effective October 7, 1978, 8 Pa.B. 2723; amended November 2, 1979, effective November 3, 1979, 9 Pa.B. 3640; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial pages (141412) and (117643).

Notes of Decisions

   Fill site must be sufficiently close to wetlands so as to be ‘‘along’’ them in order to invoke jurisdiction in action under the Dam Safety and Encroachments Act (32 P. S. § §  693.1—693.27). Game Commission v. Department of Environmental Resources, 509 A.2d 877 (Pa. Cmwlth. 1986); appeal granted 521 A.2d 934 (Pa. 1987); affirmed 555 A.2d 812 (Pa. 1989).

Cross References

   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).

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