DEP warns high-hazard dam owners to turn in plan
HARRISBURG – Gov. Edward G. Rendell on Wednesday directed the state Department of Environmental Protection to issue notices of violation to the owners of 46 high-hazard dams that are operating without emergency action plans, including one in Fayette County. All high-hazard dams in Pennsylvania are required to have an EAP, which details specific steps to take in the event of problems that result in failure of a dam, threatening downstream communities. The 57 owners receiving notices have failed to create or update their plans in a timely manner, despite requests by the DEP to bring the structures into compliance.
The Fayette County site given notice was a slurry pond in Perry Township owned by Russell Minerals Inc. of Darlington, according to the DEP.
“During statewide flooding in June, several emergency action plans had to be activated,” Rendell said. “That gave emergency responders on the scene a first-hand look at how valuable a well-designed plan can be in helping to ensure the orderly and timely evacuation of communities downstream from at-risk structures.
Responses outlined in an emergency action plan vary depending on precipitation forecasts, the proximity of downstream populations, and the size and structural condition of a dam. The plans include features that range from recommended road closings and around-the-clock monitoring to the complete evacuation of certain endangered areas.
Emergency action plans must be updated every five years with input from the DEP, the Pennsylvania Emergency Management Agency and local municipal officials. The documents are available for public review at county and municipal offices.
In April 2004, Rendell marked the 115th anniversary of the Johnstown flood by launching Pennsylvania’s Dam Safety Initiative, which included directing DEP to issue NOVs to the owners of 276 high-hazard dams lacking proper emergency action plans. The department advised the owners of their legal responsibilities and directed them to establish a schedule to create or update their EAPs.
Most of the owners of the 276 dams responded and promised to comply with the law. In June 2004, however, the DEP ordered 20 owners of 23 dams who did not respond to the NOVs to hire an engineer and complete the process of developing an EAP. The department later took five of those owners to court to force compliance.
The 57 dam owners now subject to NOVs initially contacted the department after the governor’s April 2004 announcement, but since have made no real progress toward creating or updating their emergency action plans. The new round of NOVs directs these owners to provide to DEP within 30 days a detailed schedule for submitting a completed EAP, or to submit a draft EAP for review and approval. Dam owners also have the option of submitting a plan to drain and breach a dam so it no longer impounds water.
If owners fail to comply with the violation notice, the DEP will order the impoundment drained. The department also will assess civil penalties of up to $10,000 for failure to comply, plus as much as $500 per day for continued noncompliance. The DEP can seek summary misdemeanor convictions against owners who refuse to comply.
“Our goal is to move decisively to shore up this critical infrastructure and ensure the mechanisms are in place to protect the health and safety of residents and the assets of downstream communities,” said DEP Secretary Kathleen A. McGinty.
The DEP regulates about 3,200 dams in Pennsylvania.