(a) A
person may not construct, operate, maintain, modify, enlarge or abandon a dam,
water obstruction or encroachment without first obtaining a written permit from
the Department.
(b) An existing
dam, water obstruction or encroachment constructed under a license or permit
issued in compliance with the act of June 8, 1907 (P. L. 496, No. 322)
(53
P. S. §
16834 note and
55
P. S. §§
332.1 and
332.2) or the Water
Obstructions Act, shall be deemed to comply with the construction and operating
permit requirements of this section. These projects shall, after September 27,
1980, comply with the operating, maintenance, monitoring and other requirements
of this chapter.
(c) The owner of
an existing dam, water obstruction or encroachment who does not hold a permit
issued under the act of June 8, 1907 (P. L. 496, No. 322) or the Water
Obstructions Act shall apply for and receive a permit to operate and maintain
the facility under the act on or before January 1, 1981. For purposes of this
subsection, a limited power permit issued under the Limited Power and Water
Supply Act will be deemed to have been issued under the Water Obstructions Act.
These projects shall comply with the operating, maintenance, monitoring and
other requirements established under the act.
(d) A permit issued by the Department after
July 1, 1979, for the construction and operation of a water obstruction or
encroachment will incorporate authorization for normal repairs and maintenance
of permitted structures conducted within the original specifications for the
water obstruction or encroachment. A repair or maintenance involving
modification of the water obstruction or encroachment from its original
specifications and a repair or reconstruction involving a substantial portion
of the structure shall require the prior written permit of the Department under
subsection (a).
(e) A water
obstruction or encroachment or modification thereof, constructed or authorized
pursuant to the terms of a permit issued under this chapter prior to October
12, 1991, will be deemed to comply with the construction permit requirements of
this subchapter. These projects must, after October 12, 1991, comply with the
operating, maintenance, monitoring and other requirements of this
chapter.
(f) A dam or modification
thereof, constructed or authorized pursuant to the terms of a permit issued
under this chapter prior to January 8, 2011, will be deemed to comply with the
construction permit requirements of this subchapter. These projects must, after
January 8, 2011, comply with the operating, maintenance, monitoring and other
requirements of this chapter.
