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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Establishment.--The department, in consultation with the Department of Environmental Protection, is authorized to establish the Private Dam Financial Assurance Program to provide financial assurance assistance to owners of regulated private dams to meet any proof of financial responsibility requirements promulgated under section 11 of the act of November 26, 1978 (P.L. 1375, No. 325), 1 known as the Dam Safety and Encroachments Act, and any regulations promulgated under that act.
(b) Financial responsibility.--An owner that is enrolled in the program is deemed to have met proof of financial responsibility requirements promulgated under section 11 of the Dam Safety and Encroachments Act for the owner's dam.
(c) Eligibility.--Financial assurance assistance through the program shall be made available to an owner provided that the owner:
(1) Demonstrates compliance with the Dam Safety and Encroachments Act and the regulations promulgated under that act, as determined by the Department of Environmental Protection, including annual inspection reporting, payment of registration fees and compliance with an approved emergency action plan.
(2) Pays a one-time program enrollment fee of $1,000 per dam to the fund.
(3) Pays an annual fee to the fund in an amount equal to 1% of the bond amount required by the Department of Environmental Protection under proof of financial responsibility requirements promulgated under section 11 of the Dam Safety and Encroachments Act.
(d) Program application.--Owners seeking assurance under this article must submit a complete program application on forms provided by the department. The department shall develop the application form in consultation with the Department of Environmental Protection. The department shall consult with the Department of Environmental Protection to determine owner eligibility under this article.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 1603-N. Private Dam Financial Assurance Program - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-72-ps-taxation-and-fiscal-affairs/pa-st-sect-72-1603-n/
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