The Environmental Quality Board (Board) of Pennsylvania’s Department of Environmental Protection (DEP) has published dam safety and waterway management proposed regulations in in the most recent issue of the PA Bulletin. These regulatory changes may have an impact on privately owned dams within community associations within the Commonwealth.
The complete proposed regulation can be viewed at this link. DEP has opened a public comment period which will end on February 3, 2021. Community associations with private dams are strongly recommended to review these proposed regulations and provide feedback to CAI’s Pennsylvania Legislative Action Committee (LAC) no later than January 25, 2021 so the LAC can provide those comments to DEP before the close of the public comment period. Comments can be emailed to CAI’s Executive Director Tony Campisi.
The regulations propose to amend Chapter 105 (relating to dam safety and waterway management) to read as set forth in Annex A of the proposed regulation. This proposed rulemaking would amend Chapter 105 to clarify existing regulations; delete or update obsolete and antiquated requirements; incorporate new or revised definitions to support the proposed amendments and clarify existing regulations;
The purpose of this proposed rulemaking is to amend Chapter 105 to strengthen the Department’s implementation of the dam safety, and water obstruction and encroachment programs, provide clarity for project applicants and the public on existing regulations, and enable the Department and local delegated agencies to utilize resources in a more effective and efficient manner. The proposed amendments would revise several sections of Chapter 105 to clarify existing requirements; delete or update obsolete and antiquated requirements; incorporate new or revised definitions to support proposed amendments and existing terminology used in Chapter 105; integrate new or revised sections by codifying existing requirements; and correct previous typographical errors.