(a) Under section 7 of the act (
32 P. S. §
693.7), the requirements for a permit are
waived for the following structures or activities, regardless of when
commenced. If the Department upon complaint or investigation finds that a
structure or activity which is eligible for a waiver, has a significant effect
upon safety or the protection of life, health, property or the environment, the
Department may require the owner of the structure to apply for and obtain a
permit under this chapter.
(1) A dam not
exceeding 3 feet in height in a stream not exceeding 50 feet in width, except
wild trout streams designated by the Fish and Boat Commission.
(2) A water obstruction in a stream or
floodway with a drainage area of 100 acres or less. This waiver does not apply
to wetlands located in the floodway.
(3) An aerial crossing of a nonnavigable
stream or wetland by electric, telephone or communications lines which are not
located in a Federal wilderness area or watercourse or body of water designated
as a wild or scenic river under the Wild and Scenic Rivers Act of 1968
(16 U.S.C.A. §§
1271-
1287) or the Pennsylvania Scenic
Rivers Act (
32 P. S. §§
820.21-820.29). This waiver applies to one or
more wires attached aboveground to single poles. This does not apply to the
maintenance and construction of towers, roads or other water obstructions or
encroachments.
(4) A dam subject
to the requirements of the Mine Safety and Health Administration,
30 CFR
77.216-
1 and
77.216-
2 (relating to water,
sediment or slurry impoundments and impounding structures; identification; and
water, sediment, or slurry impoundments or impounding structures; minimum plan
requirements; changes or modifications; certification), if the Department
determines on the basis of preliminary data submitted by the applicant that the
dam is of Size Classification C and Hazard Potential Classification 3 as
defined in §
105.91 (relating to classification
of dams and reservoirs) and is not located in a watercourse or body of water
designated as a wild and scenic river under the Wild and Scenic Rivers Act of
1968 or the Pennsylvania Scenic Rivers Act.
(5) A water obstruction or encroachment
located in, along, across or projecting into a wetland or impoundment,
constructed and maintained for the purpose of treating acid mine drainage,
sewage or other waste, if the wetland or impoundment is a treatment facility
constructed under a valid permit issued by the Department under the Surface
Mining Conservation and Reclamation Act (52 P. S.
§§
1396.1-1396.31), The Clean
Streams Law (35 P. S. §§
691.1-691.1001), the Noncoal Surface Mining
Conservation and Reclamation Act (52 P. S. §§
3301-3326), the Solid Waste Management Act
(35
P. S. §§
6018.101-6018.1003), the
Oil and Gas Act (58 P. S. §§
601.101-601.605) and the Pennsylvania Sewage
Facilities Act (35 P. S. §§
750.1-750.20).
(6) A water obstruction or encroachment
located in, along, across or projecting into a stormwater management facility
or an erosion and sedimentation pollution control facility which meets the
requirements in Chapter 102 (relating to erosion and sediment control), if the
facility was constructed and continues to be maintained for the designated
purpose.
(7) Maintenance of field
drainage systems that were constructed and continue to be used for crop
production. Crop production includes:
(i)
Plowing, cultivating, seeding, grazing or harvesting.
(ii) Crop rotation.
(iii) Government set aside
programs.
(8) Plowing,
cultivating, seeding or harvesting for crop production.
(9) Construction and maintenance of ford
crossings of streams for individual private personal use which require only
grading of banks for approach roads and the placement of not more than 12
inches of gravel for roadway stability. Fords may not be used for commercial
purposes and shall cross the regulated waters of this Commonwealth in the most
direct manner. This waiver does not apply in exceptional value streams as
listed under Chapter 93 (relating to water quality standards) or in wild trout
streams.
(10) A navigational aid or
marker, buoy, float, ramp or other device or structure for which a permit has
been issued by the Fish and Boat Commission under
30 Pa.C.S. §
5123(a)(7) (relating to
general boating regulations).
(11)
The removal of abandoned dams, water obstructions and encroachments if the
Department determines in writing on the basis of data, information or plans
submitted by the applicant that the removal of the abandoned dam water
obstruction or encroachment cannot imperil life or property, have significant
effect on coastal resources or have an adverse impact on the environment, and
the plans provide for restoration and stabilization of the project
area.
(12) The construction,
operation or removal of staff gages, water recording devices, water quality
testing devices, including, but not limited to, sensors, intake tubes, weirs
and small buildings which contain required instruments and similar scientific
structures.
(13) A bridge or
culvert purchased from an operating railroad company subsequent to the
abandonment of the railroad line, track, spur or branch pursuant to the
approval of the Interstate Commerce Commission. Major maintenance or
reconstruction, or stream dredging may not be undertaken until the new owner
obtains a permit under this chapter.
(14) The maintenance of an artificial pond or
reservoir to its original storage capacity where:
(i) The contributory drainage area is less
than or equal to 100 acres.
(ii)
The greatest depth of water at maximum storage elevation is less than or equal
to 15 feet.
(iii) The impounding
capacity at maximum storage elevation is less than or equal to 50 acre
feet.
(15) The
construction and maintenance of an encroachment or water obstruction on an
abandoned mining site, where the Department has issued a notice of intent to
forfeit the bond for a mining activity permitted after July 1982.
(16) Restoration activities undertaken and
conducted pursuant to a restoration plan which has been approved, in writing,
by the Department.
(b)
The requirements for a permit for existing structures or activities, as
provided in section 6(c) of the act (
32 P. S. §
693.6(c)), are waived for
the following structures or activities, if construction was completed prior to
July 1, 1979. If the Department upon complaint or investigation finds that a
structure or activity which is eligible for a waiver, has a significant effect
upon safety or the protection of life, health, property or the environment, the
Department may require the owner of the structure or activity to apply for and
obtain a permit under this chapter.
(1) A dam
not exceeding 5 feet in height in a nonnavigable stream operated and maintained
for water supply purposes.
(2) A
dam which the Department determines, on the basis of preliminary data submitted
by the applicant, is of Size Category C and Hazard Potential Category 4, as
defined in §
105.91 (relating to classification
of dams and reservoirs) and does not have a significant effect on coastal
resources or an adverse impact on the environment.
(3) A fill not located on navigable lakes and
navigable rivers.
(4) A streambank
retaining device.
(5) A stream
crossing other than a crossing located on submerged lands of this Commonwealth
and a crossing by pipelines for conveyance of petroleum products and
gas.
(6) An outfall, headwall or
water intake structure.
(7) A
culvert, bridge or stream enclosure on a watercourse where the drainage area
above the culvert, bridge or stream enclosure is 5 square miles or
less.