3510 - Marking of dams.

     § 3510.  Marking of dams.        (a)  New dams.--In issuing permits for the construction or     installation of new run-of-the-river dams on the waters of this     Commonwealth, the department shall include a permit advisory     notifying the permittee of the requirements of this section. The     permittee of a new run-of-the-river dam shall mark the areas     above and below the dam and on the banks immediately adjacent to     the dam with signs and buoys of a design and content determined     by the commission to warn the swimming, fishing and boating     public of the hazards posed by the dam.        (b)  Existing dams.--            (1)  The department shall compile and maintain a current        list of existing dams on the waters of this Commonwealth that        the department determines to be run-of-the-river type dams.        Within three months of the effective date of this section,        the department shall notify the permittees and owners of        those run-of-the-river dams of the requirements of this        section by certified letter. Within six months of receiving        notification of the requirements of this section from the        department, the permittees and owners of run-of-the-river        dams shall comply with the requirements of this section to        mark the areas above and below their dams and on the banks        immediately adjacent to their dams during the time periods of        the year required by the commission with signs and buoys of a        design and content determined by the commission to warn the        swimming, fishing and boating public of the hazards posed by        the dam.            (2)  If the permittee or owner of a run-of-the-river dam        disagrees with the determination of the department, the        permittee or owner shall file written notice with the        Environmental Hearing Board within 30 days of receiving the        determination. The Environmental Hearing Board shall reach a        decision as soon as practicable. If the decision of the board        upholds the determination of the department, the permittee or        owner filing such notice shall have six months to comply with        this section following the decision.        (c)  Maintenance of signs and buoys.--            (1)  It shall be the responsibility of the permittees and        owners of run-of-the-river dams to maintain in proper        location, legible condition and during the time periods of        the year established by the commission signs and buoys        installed pursuant to the requirements of this section.            (2)  When a permittee or owner learns that signs or buoys        installed under this section have been removed or defaced by        an act of God or the acts or omissions of third parties other        than the permittee or owner or his agent, he shall repair or        replace the signs or buoys within 30 days unless river        conditions during that time make such repair or replacement        dangerous to undertake or impracticable to effect, in which        case the permittee or owner shall repair or replace the signs        or buoys as soon as is reasonably practicable. If a permittee        or owner or his agent removes any signs or buoys, he shall        have five days thereafter to repair or replace the signs or        buoys.        (d)  Size, content and location of signs and buoys marking     run-of-the-river dams.--The commission, after consultation with     the department, shall establish requirements for the content and     location of signs and buoys to be installed under the authority     of this section and the time periods of the year when the signs     and buoys shall be required to be in place. The commission shall     describe the requirements by notice published in the     Pennsylvania Bulletin and may from time to time revise the     requirements as circumstances require.        (e)  Preemption of Federal law.--Any warning sign or buoy     installed and maintained in the areas above or below a run-of-     the-river dam or on the banks immediately adjacent to such a dam     by a dam permittee or owner in compliance with the requirements     of the United States Coast Guard, the Federal Energy Regulatory     Commission or any Federal agency having jurisdiction over a run-     of-the-river dam shall be deemed to meet the requirements     established or imposed by or under this section regarding the     placement of warning signs or buoys in said areas.        (f)  Standard of care.--A dam permittee or owner who complies     with the provisions of this section to mark a dam and who     maintains signs and buoys as required by this section shall be     deemed to have met the standard of care for warning the public     of the hazards posed by the dam.        (g)  Regulations.--The commission may promulgate regulations     to implement the provisions of this section.        (h)  Penalties.--            (1)  Any person who fails to comply with subsection (a)        or (b) shall forfeit and pay a civil penalty of not less than        $500 nor more than $5,000. The penalty shall be recovered by        civil suit or process in the name of the Commonwealth. Each        calendar year of noncompliance shall constitute a separate        violation.            (2)  Any person who fails to comply with subsection (c)        shall forfeit and pay a civil penalty of not less than $250        nor more than $5,000. The penalty shall be recovered by civil        suit or process in the name of the Commonwealth. Each        calendar year of noncompliance shall constitute a separate        violation.            (3)  Any person who enters an exclusion zone marked under        the provisions of this section commits a summary offense of        the third degree provided that it shall not be a violation of        this section for the permittee or owner and his agents and        officers of the Commonwealth and local government to enter        the exclusion zone for purposes of maintaining the dams and        signs and buoys or for enforcement and rescue purposes.            (4)  All fines received under this subsection shall be        paid into the State Treasury for the use of the Fish Fund or        Boat Fund, as appropriate.        (i)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Department."  The Department of Environmental Protection of     the Commonwealth.        "Owner."  The person who owns a run-of-the-river dam     regulated by the Department of Environmental Protection pursuant     to the act of November 26, 1978 (P.L.1375, No.325), known as the     Dam Safety and Encroachments Act.        "Permit."  A permit issued by the Department of Environmental     Protection pursuant to the act of November 26, 1978 (P.L.1375,     No.325), known as the Dam Safety and Encroachments Act.        "Permittee."  The person who has been issued a permit by the     Department of Environmental Protection to maintain a run-of-the-     river dam.        "Run-of-the-river dam."  A manmade structure which:            (1)  is regulated or permitted by the Department of        Environmental Protection pursuant to the act of November 26,        1978 (P.L.1375, No.325), known as the Dam Safety and        Encroachments Act;            (2)  is built across a river or stream for the purposes        of impounding water where the impoundment at normal flow        levels is completely within the banks and all flow passes        directly over the entire dam structure within the banks,        excluding abutments, to a natural channel downstream; and            (3)  the department determines to have hydraulic        characteristics such that at certain flows persons entering        the area immediately below the dam may be caught in the        backwash.     (June 19, 1998, P.L.702, No.91, eff. Jan. 1, 1999)        1998 Amendment.  Act 91 added section 3510.