"Eligible cost." Any cost to be incurred by an owner
enrolled in the program for maintenance of and repairs to the
owner's dam. The term includes engineering fees, demolition,
excavation, reclamation and related costs.
"Fund." The Private Dam Financial Assurance Fund established
under section 6.
"Owner." A person or community association that owns a
regulated dam in this Commonwealth. The term does not include an
owner of a commercial hydroelectric power generation facility.
"Person." Includes a natural person, partnership,
association or corporation.
"Program." The Private Dam Financial Assurance Program
established under section 3.
Section 3. Private Dam Financial Assurance Program.
(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 for owners to assist in meeting any
financial obligations under the act of November 26, 1978
(P.L.1375, No.325), 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 all financial obligations for
the owner's dam under the Dam Safety and Encroachments Act and
any regulations promulgated under that act.
(c) Eligibility.--Financial assurance through the program
shall be made available to owners. To participate in the
program, an owner must:
(1) Be in compliance with the Operation and Maintenance
Manual of the Department of Environmental Protection.
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