25 Pa. Code § 105.1
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act-The Dam Safety and Encroachments Act (32 P.S. §§ 693.1-693.27).
Along-Touching or contiguous; to be in contact with; to abut upon.
Appurtenant works-Structures or materials incident to or annexed to dams or water obstructions which are built or maintained in connection with the dams or water obstructions and are essential to their proper functioning. For dams, the term includes, but is not limited to:
Archaeological site-A known site of archaeological significance based on the Comprehensive State Plan for Conservation of Archaeological Resources. The Comprehensive State Plan is available from the Historic and Museum Commission.
Body of water-A natural or artificial lake, pond, reservoir, swamp, marsh or wetland.
Bridge-A structure and its appurtenant works erected over the regulated waters of this Commonwealth.
Commercially navigable waters of the Delaware River and its navigable tributaries-Portions of the Delaware River from the Delaware border in the south to the railroad bridge at Morrisville in the north; the Schuylkill River below Fairmount Dam; Chester Creek below Ninth Street; Crum Creek below the Route 291 (Industrial Highway) Bridge; Darby Creek below 84th Street; Neshaminy Creek below the Route 13 Bridge; Pennypack Creek below the Frankford Avenue Bridge; and Ridley Creek below the Baltimore and Ohio Railroad Bridge in Chester.
Construct-To erect, build, place or deposit including preliminary preparation of a site for construction.
Contributory drainage area-Area upstream of a proposed or existing dam, water obstruction or encroachment that contributes runoff to a watercourse.
Course-The path taken by a stream, floodway or body of water.
Cross section-The area from the top of the bank to the top of the opposite bank of a stream or body of water as cut by a vertical plane passed at a right angle to the course of the stream.
Culvert-A structure with appurtenant works which carries a stream under or through an embankment or fill.
Current-The rate or velocity of flow of water in a stream, floodway or body of water.
Dam-An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or other fluid or semifluid.
Design flood-A specified discharge for which the hydraulic capacity of a structure is designed.
Discharge of dredged material-An addition, deposit, disposal or discharge of dredged material into the regulated waters of this Commonwealth including, but not limited to, the addition of dredged material to a specific disposal site located in the regulated waters of this Commonwealth and the runoff or overflow of dredged material from a contained land or water disposal area. The term does not include plowing, cultivating, seeding and harvesting for the production of food, fiber and forest products.
Discharge of fill material-
Dredge-To remove sand, gravel, mud or other materials from the beds of regulated waters of this Commonwealth.
Dredged material-A material that is excavated or dredged from the regulated waters of this Commonwealth.
EAP-Emergency Action Plan-A formal document that identifies potential emergency conditions at a dam and specifies preplanned actions to be followed to minimize property damage and loss of life.
Encroachment-A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water.
FEMA-The Federal Emergency Management Agency.
Fill-Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of this Commonwealth.
Flood-A general but temporary condition of partial or complete inundation of normally dry land areas from the overflow of streams, rivers or other waters of this Commonwealth.
Floodplain-The lands adjoining a river or stream that have been or may be expected to be inundated by flood waters in a 100-year frequency flood.
Floodway-The channel of the watercourse and portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year frequency flood. Unless otherwise specified, the boundary of the floodway is as indicated on maps and flood insurance studies provided by FEMA. In an area where no FEMA maps or studies have defined the boundary of the 100-year frequency floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet from the top of the bank of the stream.
Flowage easements-An acquired right of use of another person's land for water temporarily or permanently impounded by a dam or backwater from the installation, operation and maintenance of a water obstruction or encroachment.
Freeboard-The vertical distance between the water surface elevation experienced during the design flood and the crest elevation of a dam levee, floodwall or other embankment.
Height of dam-The vertical measurement expressed in feet as measured from the downstream toe of the dam at its lowest point to the elevation of the top of the dam.
High hazard dam-A dam so located as to endanger populated areas downstream by its failure.
Hydrologic and hydraulic analysis-
Incremental dam breach analysis-A process to determine the highest runoff event during which a dam failure would cause a threat to life, health, property or the environment in areas below the dam in excess of the threat level caused by the same runoff event with no dam failure.
Inundation area-The land area subject to flood waters as the result of failure of a dam.
Letter of Amendment for dams-A letter from the Department amending an existing Dam Permit for major maintenance, repair or improvement projects which do not involve modification to the top-of-dam elevation or modification of the normal pool reservoir elevation.
Letter of Authorization for dams-A letter from the Department approving major maintenance, repair or improvement projects which do not involve modification to the top-of-dam elevation or modification of the normal pool reservoir elevation of a dam which has not been previously permitted by the Department and meets the waiver of permit requirements under § 105.12(b)(1) or (2) (relating to waiver of permit requirements).
Levee-An earth embankment or ridge constructed along a water course or body of water to confine water within prescribed limits; the term is also known as a dike.
Limited Power and Water Supply Act-The act of June 14, 1923 (P. L. 700, No. 293) (32 P. S. §§ 621-625); and the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §§ 591-600), regarding Limited Power Permits and Limited Water Supply Permits from the Water Supply Commission of Pennsylvania and the conditions thereof, to the flooding and use by holders of Limited Power Permits of lands owned by the Commonwealth, to the unlawful use for water or steam power developments of dams and changes in streams hereafter constructed or made otherwise than under Limited Power Permits, and to proceedings for the enforcement of this act.
Maintenance dredging-Periodic dredging conducted to accomplish one or more of the following purposes:
Major dam design revision-A revision to a previously approved or permitted dam design which requires either the Department's review or modeling of a revised hydrologic and hydraulic analysis of the dam and reservoir's capacity to pass or store, or both, the required spillway design flood; the Department's review or modeling of an analysis to determine the ability of the dam's spillway or decant to dewater after runoff events; or the Department's review or modeling of a stability analysis of the revised dam design.
Maximum credible earthquake-A seismic event with a 2% probability of exceedance in 50 years.
Mitigation-
Normal pool elevation-
100-year frequency flood-The flood magnitude expected to be equaled or exceeded on the average of once in 100 years; it may also be expressed as the flood having a 1.0% chance of being equaled or exceeded in a given year.
Operation-Elements of the use, control and functioning of a dam, water obstruction or encroachment during the lifetime of the dam, water obstruction or encroachment, including its removal, which may affect primarily the storage, release or flow of water; the structural safety of a dam, water obstruction or encroachment; or navigation, with due consideration of the other purposes of the act.
Ordinary low water mark-The water surface elevation at ordinary stages of low water, unaffected by drought and unchanged by artificial means.
Owner-A person who owns, controls, operates, maintains or manages a dam or reservoir, water obstruction or encroachment.
PMF-Probable maximum flood-The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in an area. The PMF is derived from the probable maximum precipitation (PMP) as determined on the basis of the most recent data available from the National Oceanographic and Atmospheric Administration (NOAA).
Parcel-A portion of land formally set forth and described in a conveyance.
Person-
Political subdivision-A county, city, borough, incorporated town, township, school district, authority or other governmental unit or a combination thereof acting jointly.
Public service corporation or public utility-A corporation, association or other corporate body having the powers and privileges of corporations not possessed by individuals or partnerships which entity renders a public utility service. The term does not include a municipality or municipal authority.
Public service line-The term includes, but is not limited to, electric transmission lines, gas pipelines, telephone lines, water lines, railroad trackage and other facilities owned or operated by public service corporations.
Public utility service-The rendering of one or more of the following services for the public:
Regulated waters of this Commonwealth-Watercourses, streams or bodies of water and their floodways wholly or partly within or forming part of the boundary of this Commonwealth.
Replacement-The construction of a new wetland or restoration of a previously destroyed wetland, or both.
Reservoir filling plan-A plan that sets a schedule for the initial filling of the reservoir behind a new dam or the refilling of a reservoir after the rehabilitation of an existing dam.
Safety-Security from the risk or threat of significant loss or injury to life, health, property and the environment.
Small projects-Water obstructions or encroachments located in a stream or floodplain which will have an insignificant impact on safety and protection of life, health, property and the environment.
Spillway-A device which safely conveys the design flood of a dam without endangering the dam's safety or integrity.
Storage capacity-The volume as expressed in acre-feet of the impounded water to the maximum storage level, that is, the top of the dam.
Stormwater management facilities-Manmade measures designed and constructed to convey stormwater runoff away from structures or improved land uses, or to control, detain or manage stormwater runoff to avoid or reduce downstream damages. The term includes, but is not limited to, transportation and related facility drainage systems and manmade stormwater detention basins. The term does not include replacement wetlands or major dams and reservoirs constructed for water supply, recreation, river basin flood control or other regional or basin-wide purposes.
Stream-A watercourse.
Stream crossings-A pipeline, aerial cable or similar structure which is placed in, along, under, across or over the regulated waters of this Commonwealth.
Stream enclosure-A bridge, culvert or other structure in excess of 100 feet in length upstream to downstream which encloses a regulated water of this Commonwealth.
Submerged lands of this Commonwealth-Waters and permanently or periodically inundated lands owned by the Commonwealth, including lands in the beds of navigable lakes and rivers and beds of streams declared public highways which are owned and held in trust by the Commonwealth.
U.S.G.S.-United States Geological Survey
Watercourse-A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.
Water obstruction-
Water Obstructions Act-The act of June 25, 1913 (P.L. 555, No. 355) (32 P.S. §§ 681-691), repealed by section 27 of the act of October 23, 1979 (P.L. 204, No. 70) (32 P.S. § 693.27).
Wetland functions-Include, but are not limited to, the following:
Wetlands-Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.
Wild trout streams-A stream identified as supporting naturally reproducing trout populations by the Fish and Boat Commission under 58 Pa. Code §57.11 (relating to listing of wild trout streams). For a list of wild trout streams, contact the Fish and Boat Commission, www.fish.state.pa.us.
25 Pa. Code § 105.1
The provisions of this § 105.1 amended under the Dam and Safety 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 § 78a.68a (relating to horizontal directional drilling for oil and gas pipelines); 25 Pa. Code § 96.3 (relating to water quality protection requirements); 25 Pa. Code § 105.13 (relating to regulated activities-information and fees); 25 Pa. Code § 105.14 (relating to review of applications); 25 Pa. Code § 105.20a (relating to wetland replacement criteria); and 25 Pa. Code § 105.452 (relating to status of prior converted cropland-statement of policy).