Subchapter I. COMMERCIAL DREDGING
GENERAL PROVISIONS Sec.
105.361. Scope.
105.362. [Reserved].
105.363. [Reserved].
105.364. [Reserved].
105.365. [Reserved].
PERMITS
105.371. Permits: content of application.
105.372. Prior requisite approvals.
OPERATIONAL CRITERIA
105.381. Location of dredging.
105.382. Washing and classification of materials.
105.383. Disposal of waste materials.
105.384. Protection of stream users.
105.385. Reporting.
Cross References This subchapter cited in 25 Pa. Code § 105.14 (relating to review of applications).
GENERAL PROVISIONS
§ 105.361. Scope.
Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter applies to dredging in the regulated waters of this Commonwealth for sand, gravel and other minerals for the purposes of commercial exploitation. This subchapter shall not be construed to restrict the Department in managing the Commonwealth’s proprietary interests under the act of July 31, 1970 (P. L. 699, No. 225) (71 P. S. § 468) (repealed), repealed by the act of December 3, 1970 (P. L. 834, No. 275); section 15 of the act (32 P. S. § 693.15); and section 1908-A(3) of The Administrative Code of 1929 (71 P. S. § 510-8(3)), from exercising its discretion to issue or not to issue permit agreements or to impose terms and conditions in permit agreements that it deems to be in the best interests of the Commonwealth; in the event, however, that the Department issues a permit agreement conveying the Commonwealth’s proprietary interests in a deposit of sand, gravel or other minerals, this subchapter constitutes the minimum requirements for dredging under the Commonwealth’s regulatory authority under the act.
Source The provisions of this § 105.361 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (38891) to (38892).
§ 105.362. [Reserved].
Source The provisions of this § 105.362 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38892).
§ 105.363. [Reserved].
Source The provisions of this § 105.363 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38892).
§ 105.364. [Reserved].
Source The provisions of this § 105.364 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38892).
§ 105.365. [Reserved].
Source The provisions of this § 105.365 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38893).
PERMITS
§ 105.371. Permits: content of application.
In addition to the requirements of § 105.13 (relating to permit applications—information and fees), applications for commercial dredging permits shall contain the following information:
(1) The delineation of areas to be dredged, with reference to river miles of distances from fixed reference points or sufficient courses and distances referenced to permanent shore points to allow a fix to be made on the boundary points of a dredging area in a lake.
(2) Stream depths in the proposed dredging area if known or approximate estimated depths, if accurate measures are not available.
(3) The equipment to be employed in the dredging operation and its capabilities.
(4) The proposed rate of production.
(5) The location of public and industrial water supply intakes.
(6) A plan for the disposal of solid waste, dredge spoil and sewage from the dredging vessel.
(7) Other information as the Department may require.
Source The provisions of this § 105.371 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.372. Prior requisite approvals.
Provided the other requirements of this subchapter are met, approval by the Department of dredging permit applications is conditioned upon the applicant’s obtaining a permit/agreement under the act of July 31, 1970 (P. L. 699, No. 225) (71 P. S. § 468) (repealed), repealed by the act of December 3, 1970 (P. L. 834, No. 275) or an interest in land under section 15 of the act (32 P. S. § 693.15), where the bed of the regulated waters is owned by the Commonwealth.
Source The provisions of this § 105.372 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
OPERATIONAL CRITERIA
§ 105.381. Location of dredging.
(a) Dredging may not occur within 500 feet of a bridge pier or abutment.
(b) Dredging may not occur within 5000 feet above a public water supply intake unless the applicant can satisfactorily demonstrate to the Department that drinking water standards for turbidity will not be exceeded and no other adverse effects on the operations of a water user will occur. Water supplies within 5 miles downstream of the dredging operation shall be notified of proposed dredging or start up, or both, of operations. The applicant/permittee shall provide proof of the notification.
(c) Dredging may not occur within a distance of the channel or island shore line at normal pool less than the depth of the dredging, but in no event, less than 125 feet.
(d) Dredging may not occur in reaches of streams where water levels are controlled by dams if the water depth is less than 6 feet at normal pool.
(e) Dredging may not occur in, encroach upon or cause siltation in areas of riffles or shallow pools whenever the areas are contributing to the sustenance of game fish or endangered species in a free-flowing reach of a stream. Game fish includes species and varieties defined as such by 30 Pa.C.S. § 102 (relating to definitions). Endangered species include those species so defined by the Fish Commission, under 30 Pa.C.S. § 102 or defined by 50 CFR 17.12 (relating to endangered and threatened plants). A free-flowing reach of a stream includes a reach, segment or area of a stream except where a pool has been created by a dam.
Authority The provisions of this § 105.381 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 § 105.381 adopted 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 (117724) to (117725).
Notes of Decisions In remanding and ordering a new trial to determine whether a dredging company violated its permit by dredging too close to shore, the Court noted that the Department of Environmental Resources is authorized to impose conditions which preclude dredging within an established distance from the shore and that such conditions under statute and regulations, 71 P. S. § 510-8 and 25 Pa. Code § 150.381(c), impose a binding duty of care upon parties to a dredging contract. Hawthorne v. Dravo Corp. 460 A.2d 266 (Pa. Super. 1983).
§ 105.382. Washing and classification of materials.
Wash water from the classification process may not be returned to the stream, unless a permit in accordance with The Clean Streams Law (35 P. S. § § 691.1—691.1001) has been obtained.
Source The provisions of this § 105.382 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended February 1, 1985, effective February 2, 1985, 15 Pa.B. 361. Immediately preceding text appears at serial page (82601).
§ 105.383. Disposal of waste materials.
(a) The permittee shall not throw, discharge or deposit or cause or permit to be thrown, discharged or deposited from or out of a ship, barge or other floating craft employed in the dredging operation any refuse matter, including oil and petroleum products.
(b) Bilge, ballast or wastewater pumped from barges shall not be discharged to the stream without acceptable removal of oils or toxic compounds in a manner approved by the Department.
(c) Discharge of dredged material into the regulated waters of this Commonwealth is subject to Subchapter J (relating to discharges of dredged or fill material).
(d) Dredge spoil and sludge deposits collected during the operation shall be deposited in a location and a manner approved by the Department.
(e) Litter, refuse and sanitary waste from dredging vessels shall be disposed of in a manner approved by the Department.
Source The provisions of this § 105.383 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.384. Protection of stream users.
(a) A dock or portage shall be constructed around the upstream face of the operation in order to facilitate navigation of small craft where the dredging operation will substantially obstruct the waterway.
(b) The permittee shall post signs 1000 feet upstream of where the dredge is operating and 500 feet from the downstream end of the dredging area warning users of the stream that dredging operations are in progress; the warnings shall be in large block printing, readable at a distance of 300 feet, and contain the warning, ‘‘DANGER, DREDGING 1000 FEET AHEAD’’ or ‘‘DANGER, DREDGING 500 FEET AHEAD.’’
Source The provisions of this § 105.384 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
§ 105.385. Reporting.
The permittee shall submit to the Department an annual report indicating the amount of sand, gravel or other minerals dredged from the stream bed during the preceding calendar year.
Source The provisions of this § 105.385 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
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