§ 105.20. Proof of financial responsibility.

 (a)  Prior to the approval of a permit under this chapter for construction or modification of a dam, water obstruction or encroachment which may present a substantial potential risk to life or property, the Department will require proof of financial responsibility or security for continued operation and maintenance during the lifetime of the facility. Dams, water obstructions or encroachments which may be subject to the proof of financial responsibility include, but are not limited to, Category 1 dams, Hazard Potential Classification, as defined in §  105.91 (relating to classification of dams and reservoirs) stream enclosures, bridges, levees, fills and floodwalls.

 (b)  As proof of responsibility or security, the Department may require one or more of the following:

   (1)  A certificate of public convenience from the Pennsylvania Public Utility Commission if the owner of the proposed facility is subject to regulation under 66 Pa.C.S. (relating to the Public Utility Code).

   (2)  Ownership or management of the facility by an agency of the Federal, State, county or municipal government or of an interstate compact.

   (3)  A bond or other legal device of a form acceptable to the Department, payable to the Commonwealth, which guarantees proper construction, repair, operation and maintenance, inspection and monitoring, and removal if necessary of the facility. The amount of bond or legal device shall be sufficient to cover the costs of entry, repair, correction, operation, maintenance, inspection, monitoring or removal of the facility by the Commonwealth in the event of failure of the owner to comply with orders of the Department, terms and conditions of the permit, this chapter and the act and section 302 of the Flood Plain Management Act (32 P. S. §  679.302).

   The provisions of this §  105.20 amended under the Dam Safety and 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).

   The provisions of this §  105.20 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial pages (126083) to (126084).

   This section cited in 25 Pa. Code §  105.16 (relating to environmental, social and economic balancing); 25 Pa. Code §  105.21 (relating to criteria for permit issuance and denial); 25 Pa. Code §  105.25 (relating to transfer of permits); and 25 Pa. Code §  105.442 (relating to authorization for general permits).