Section 51.61. Permits required for disturbance of waterways or watersheds

(a) A permit shall be deemed necessary under 30 Pa.C.S. § 2502 (relating to disturbance of waterways or watersheds) if the activity would be a violation of statutes or regulations administered by the Commission, the Department of Environmental Resources, the United States Environmental Protection Agency, the United States Army Corps of Engineers or local municipalities if the activity were performed without a permit. The failure of the agency charged with enforcement or issuance responsibility for a permit to prosecute or take civil action for failure to obtain a permit or other permit violation may not affect the validity of a prosecution under 30 Pa.C.S. § 2502.

(b) Examples of permits that may be required to undertake specific activities in the waters or watersheds of this Commonwealth include the following:

(1) Permits for use of explosives in waters of this Commonwealth (Fish and Boat Commission).

(2) Sewage facilities permits (Department of Environmental Resources).

(3) Solid waste management permits (Department of Environmental Resources).

(4) Oil and gas well drilling permits (Department of Environmental Resources).

(5) Coal mining permits (Department of Environmental Resources).

(6) Surface mining operator’s license (Department of Environmental Resources).

(7) Coal refuse disposal permit (Department of Environmental Resources).

(8) National Pollutant Discharge Elimination System (NPDES) permits (Department of Environmental Resources).

(9) Mine drainage permits (Department of Environmental Resources).

(10) Erosion and sedimentation control permits (Department of Environmental Resources).

(11) Dam, water obstruction or encroachment permits (includes permits required by 25 Pa. Code Chapter 105 (relating to dam safety and waterway management)) (Department of Environmental Resources).

(12) Floodplain management permits (Department of Environmental Resources).

(13) Blasters’ licenses and explosives permits (Department of Environmental Resources).

(14) Building permits (local municipalities).

(15) Army Corps of Engineers’ permits (United States).

(16) Delaware River Basin Commission permits.

(17) Susquehanna River Basin Commission permits.

(18) Permit for use of an algicide, herbicide or fish control chemical in waters of this Commonwealth.

(19) Permit to draw off impounded water.

The provisions of this § 51.61 adopted July 12, 1985, effective July 13, 1985, 15 Pa.B. 2578; amended January 2, 1998, effective January 1, 1998, 28 Pa.B. 30. Immediately preceding text appears at serial page (216397).

Notation

Authority

The provisions of this § 51.61 amended under the Fish and Boat Code, 30 Pa.C.S. § § 741, 2502, 5122 and 5123; and section 506 of The Administrative Code of 1929 (71 P. S. § 186).