Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 693.3. Definitions

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Appurtenant works.”Include, but are not limited to, such structures as spillways, either in the dam or separate therefrom; low level outlet works; and conduits such as tunnels, pipelines or penstocks through the dam or its abutments.

“Body of water.”Any natural or artificial lake, pond, reservoir, swamp, marsh or wetland.

“Construct.” To erect, build, place or deposit, including preliminary preparation of a site for construction.

“Dam.” Any artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or any other fluid or semifluid; or any refuse bank fill or structure for highway, railroad or other purposes which does or may impound water or any other fluid or semifluid.

“Department.” The Department of Environmental Resources of the Commonwealth of Pennsylvania.

“Encroachment.” Any structure or activity which in any manner changes, expands or diminishes the course, current or cross-section of any watercourse, floodway or body of water.

“Hearing board.”The Environmental Hearing Board.

“High hazard dam.”Any dam so located as to endanger populated areas downstream by its failure.

“Navigation Commission.”The Navigation Commission for the Delaware River or its navigable tributaries.

“Operation.” Elements of the use, control and functioning of a facility which may affect primarily the storage, release or flow of water, the structural safety of a facility or navigation, with due consideration of the other purposes of this act.

“Owner.” Any person who owns, controls, operates, maintains, or manages a dam or reservoir, water obstruction or encroachment.

“Person.” Includes any natural person, partnership, association, corporation, municipality, municipal authority, receiver or trustee and any department, board, commission or authority of the Commonwealth. Whenever used in a section prescribing and imposing a penalty or sanction, the term “person” shall include the members of an association and the officers of a corporation, municipality or municipal authority.

“Reservoir.” Any basin which contains or will contain the water or other fluid or semifluid impounded by a dam.

“Safety.” Security from the risk or threat of significant loss or injury to life, health, property and the environment.

“Water obstruction.”Includes any dike, bridge, culvert, wall, wing wall, fill, pier, wharf, embankment, abutment or other structure located in, along, across or projecting into any watercourse, floodway or body of water.

“Watercourse” or “stream.”Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial or intermittent flow.