Repairing, Sealing or Draining an Existing Pond in Pennsylvania

Key points

• Requirement30 Pa.C.S. § 3506(a) (Fish and Boat Code): no person may draw off dam waters inhabited by fish without first applying for written permission from the Fish and Boat Commission. No person may obstruct the flow of water through such a dam without allowing a minimum flow, set by the Commission, sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. A violation is a summary offense of the first degree. The statute's trigger is "dam waters inhabited by fish", not a surface-area threshold.

  Applies when: Drawing off dam waters inhabited by fish 30 Pa.C.S. § 3506(a) [1]
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  (a) Drawing off or obstructing dams.--No person shall draw off dam waters inhabited by fish without first applying for written permission from the commission, nor shall any person obstruct the flow of water through any such dam without allowing a minimum flow of water determined by the commission to be sufficient at all times to flow in the natural stream on which the dam is located to enable the fish to live. Any person violating the provisions of this subsection commits a summary offense of the first degree.

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• Requirement58 Pa. Code § 51.81: a Commission permit under 30 Pa.C.S. § 3506 is required for (1) drawing down impounded waters inhabited by fish, and (2) destroying, removing, breaching or disturbing a dam, deflector, retard or similar device in waters inhabited by fish. The regulation's trigger is "impounded waters inhabited by fish". It has no area threshold of its own (the 1-acre figure appears in the § 51.89 general permit and on PFBC's web pages).

  Applies when: Drawing down impounded waters inhabited by fish 58 Pa. Code § 51.81 [2]
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  A permit from the Commission is required under section 3506 of the code (relating to drawing off or interference with dams or devices) for the following activities: (1) Drawing down impounded waters inhabited by fish. (2) Destruction, removal, breach or disturbance of a dam, deflector, retard or similar device in waters inhabited by fish.

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• RequirementChapter 105 bars drawing down impounded waters inhabited by fish except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506.

  Applies when: Draining a fish-inhabited pond, for example to dry and seal the bed 25 Pa. Code § 105.122 [3]
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  Impounded waters which are inhabited by fish may not be drawn down except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506 (relating to drawing off or interference with dams or devices).

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• Size cutoffPFBC's service page describes the drawdown permit (formally, Permit to Draw Off Water From Impoundments) as regulating the release of water from dams, ponds or impoundments "in certain situations". It is jointly reviewed by DEP's Division of Dam Safety and by PFBC, which reviews environmental and recreational impacts. There is no fee. The page says drawdown permits are required for water bodies with a surface area greater than one acre, and for water bodies of any size that need another state permit. The application must be submitted at least 30 days before the drawdown. The page's stated triggers do not refer to whether the water body holds fish.

  Applies when: Drawing down a pond, dam or impoundment PFBC, "Apply to Draw Off Water from Impoundments" (pa.gov), About the Permit [4]
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  regulates release of water from dams, ponds or impoundments in certain situations. ... jointly reviewed by the Department of Environmental Protection - Division of Dam Safety ... and the Fish and Boat Commission, which reviews environmental and recreational impacts ... The permit has no fee associated with it. Draw down permits are required for: Water bodies with a surface area that is greater than one acre; and Water bodies of any size that require another state permit ... A draw down permit application is to be submitted at least 30 days before a draw down event is to occur.

  Open Pennsylvania Fish and Boat Commission (pa.gov) (opens in a new tab)

• Exemption58 Pa. Code § 51.89(a) is itself a general permit, so no individual application is needed, to draw down impounded waters when both of these are true: (1) the water area to be drawn down is 1 acre or less, and (2) the drawdown is of a type that does not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

  Applies when: Drawdowns of 1 acre or less that need no other State permit 58 Pa. Code § 51.89(a) [6]
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  (a) Notwithstanding the other provisions of this subchapter, this section constitutes a general permit for persons to draw down impounded waters without applying for an individual permit when the following circumstances exist: (1) The water area to be drawn down is 1 acre or less. (2) The draw down operations are of a type that do not require other State permits, such as erosion and sedimentation control permits and Dams and Waterways Management permits.

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• DefinitionChapter 105 definitions relevant to sealing a pond: a 'body of water' includes a natural or artificial pond; an 'encroachment' is a structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water; and 'fill' is sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface, including material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of the Commonwealth.

  Applies when: Deciding whether placing material on a pond bottom is regulated under Chapter 105 25 Pa. Code § 105.1 (definitions of "Body of water", "Encroachment", "Fill") [8]
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  Body of water—A natural or artificial lake, pond, reservoir, swamp, marsh or wetland. ... Encroachment—A structure or activity which changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water. ... Fill—Sand, gravel, earth or other material placed or deposited to form an embankment or raise the elevation of the land surface. The term includes material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water of this Commonwealth.

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• ExemptionDEP's pond guidance reads the § 105.12(a)(14) waiver as covering maintenance of the reservoir area limited to the original storage capacity where only accumulated sediment is removed, and says DEP's rules do not regulate repair and maintenance of non-jurisdictional dams. It adds that any activity that changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP regional office.

  Applies when: Maintenance work in an artificial pond with a non-jurisdictional dam DEP, "Introduction to Ponds and Chapter 105" (pa.gov), Common Pond Maintenance Activities and Permit Requirements - Artificial Ponds with Non-Jurisdictional Dams [10]
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  Section 105.12(a)(14) of the Department’s Rules and Regulations provides for waiver of Water Obstruction and Encroachment Permit requirements for the maintenance of the reservoir area if this maintenance is limited to the impoundment’s original storage capacity and only accumulated sediment is removed. ... do not regulate the repair and maintenance of non-jurisdictional dams ... Note: Any activity which changes the cross-section of a pond and does not qualify as maintenance requires a Water Obstruction and Encroachment Permit from the appropriate DEP Regional Office.

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• RequirementDEP's Chapter 91 rule authorizes the use of an algicide, herbicide or fish control chemical only (1) as copper sulfate to control algae in a public water supply source with DEP approval, or (2) for chemicals required to control aquatic plants in surface waters or to manage fish populations, under joint approval of DEP and the Fish and Boat Commission. Its text is limited to those purposes and does not mention sealants or flocculants.

  Applies when: Use of an algicide, herbicide or fish-control chemical in surface waters; cited here to show the rule's scope does not reach sealants 25 Pa. Code § 91.38 [11]
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  Except when the use of an algicide, herbicide or fish control chemical would be in violation of a specific order or permit, the use is authorized only in the following instances: (1) Copper sulfate required to control algae in a source of public water supply when the use is under and in accordance with approval given by the Department. (2) Chemicals required to control aquatic plants in surface waters and chemicals required for the management of fish populations where the use is under and in accordance with joint approval given by the Department and the Fish and Boat Commission.

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• RequirementThe Fish and Boat Code bars anyone, regardless of intent, from putting any electricity, explosives or poisonous substances into waters within or on the boundaries of the Commonwealth (except that, for research and fish management, agents of or persons authorized by PFBC's executive director may use any method to collect, eradicate or control fish), or allowing any substance deleterious, destructive or poisonous to fish to run, flow, wash or be emptied into any waters within or bordering on the Commonwealth. In a criminal prosecution for water pollution known to be injurious to fish, proof that the violation actually caused the death of, or damage to, any particular fish is not needed; a violation is a third-degree misdemeanor, and the section does not repeal or supersede the Clean Streams Law.

  Applies when: Any product added to a pond or reaching a stream, including sealants or flocculants 30 Pa.C.S. § 2504(a)-(d) [13]
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  any electricity, explosives or any poisonous substances except that, for the purposes of research and fish management, agents of or persons authorized by the executive director may use any method or means to collect, eradicate or control fish. (2) Allow any substance, deleterious, destructive or poisonous to fish, to be turned into or allowed to run, flow, wash or be emptied into any waters ... it is not necessary to prove that the violation has actually caused the death of, or damage to, any particular fish. ... does not repeal or supersede ... misdemeanor of the third degree.

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• RequirementDEP's pond guidance notes that, whether or not a pond activity needs Chapter 105 authorization, developing an erosion and sedimentation control plan and implementing and maintaining E&S best management practices is required under Chapter 102. It also says federal Clean Water Act Section 404 authorization is required for the discharge of fill into waters of the United States, which may include the pond activities it describes.

  Applies when: Earth disturbance in or around a pond, including draining, grading and mixing a liner DEP, "Introduction to Ponds and Chapter 105" (pa.gov), Frequently Asked Questions (Note) and FAQ on federal authorization [10]
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  Note: While the activities described below may or may not require Chapter 105 authorization, the development of an erosion and sedimentation control plan and the implementation and maintenance of erosion and sedimentation control Best Management Practices is required under Chapter 102. ... Answer: Federal authorization under Section 404 of the Clean Water Act is required for the discharge of fill into Waters of the US. This may include any of the activities discussed above.

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• Requirement25 Pa. Code § 102.4(b)(1): for earth disturbance activities other than agricultural plowing or tilling or animal heavy use areas, E&S BMPs must be implemented and maintained to minimize the potential for accelerated erosion and sedimentation, including for activities that disturb less than 5,000 square feet. What counts as an earth disturbance activity is defined in 25 Pa. Code § 102.1 (next claim).

  Applies when: Earth disturbance of any size (e.g., excavating a pond or dredging a drained pond bed) 25 Pa. Code § 102.4(b)(1) [14]
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  (b) For earth disturbance activities other than agricultural plowing or tilling or animal heavy use areas, the following erosion and sediment control requirements apply: (1) The implementation and maintenance of E&S BMPs are required to minimize the potential for accelerated erosion and sedimentation, including those activities which disturb less than 5,000 square feet (464.5 square meters).

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• RequirementClean Streams Law § 401: it is unlawful for any person to put into waters of the Commonwealth, or allow or permit to be discharged into them from property the person owns or occupies, any substance of any kind resulting in pollution, and any such discharge is declared a nuisance. The section contains no size threshold. No DEP source was found that applies it specifically to draining a pond.

  Applies when: Any discharge from private property to waters of the Commonwealth Clean Streams Law § 401, 35 P.S. § 691.401 [15]
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  Section 401. Prohibition Against Other Pollutions.--It shall be unlawful for any person or municipality to put or place into any of the waters of the Commonwealth, or allow or permit to be discharged from property owned or occupied by such person or municipality into any of the waters of the Commonwealth, any substance of any kind or character resulting in pollution as herein defined. Any such discharge is hereby declared to be a nuisance.

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• Requirement25 Pa. Code § 92a.1(b): a person may not discharge pollutants from a point source into surface waters except as authorized under an NPDES permit. No DEP regulation or guidance was found that says whether draining a pond through a pipe, siphon or pump is a point-source discharge of pollutants that needs NPDES coverage.

  Applies when: Point-source discharges of pollutants to surface waters 25 Pa. Code § 92a.1(b) [17]
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  (b) Scope. A person may not discharge pollutants from a point source into surface waters except as authorized under an NPDES permit.

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Drawing down or draining: the Fish and Boat Commission permit and DEP's role

The Fish and Boat Code's definitions, which apply throughout Title 30 unless the context clearly indicates otherwise, say "fish" includes game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms; no source was found applying that definition to the drawdown trigger. Section 102 of the Code does not define "dam", "dam waters" or "impounded waters". [18]

The Commission's application (PFBC-DD01, updated March 2026) asks whether the impoundment contains fish or other aquatic organisms, the proposed dates, the impoundment area, maximum depth, depth of drawdown below normal pool and the method (valve, gate, stoplog, siphon, pump or other), and, if fish are to be transferred, the destination water and transfer method. The form contains no drawdown-rate limit, sediment-control requirement, seasonal restriction or fish-salvage requirement. [20]

A DEP Supplement must be completed when the drawdown's purpose includes any of the form's items 1-7: dam or spillway repairs; dam, spillway or outfall structure repair or modification; dredging; pond elimination and backfill; bulkheads, retaining walls or other shoreline structures; beach renovation; or dock construction or maintenance. None of items 1-7 names pond sealing or lining; the form's "Other (explain)" choice is item 10, in a separate group (items 8-10) outside the items that trigger the Supplement. The form says many drawdown-related activities need separate DEP and/or U.S. Army Corps of Engineers approvals before they begin, and for dredging the Supplement asks for color photos, a dredging plan and a disposal plan. [20]

A drawdown permit does not waive other State, local or Federal permits. The permittee is solely responsible for the consequences of the drawdown, must ensure compliance with laws and regulations governing downstream flooding, must acquire any property rights, flowage easements or other interests needed, and must allow at all times, including while refilling, a Commission-determined minimum flow in the natural stream on which the impoundment is located. Unless the purpose is to remove or eliminate the impoundment, the permittee must refill it when the permit expires or the work is completed, whichever comes first. [21][22][23]

The permit lets the permittee take, catch, kill or possess fish from the drawn-down water regardless of seasons, sizes, creel limits or manner of taking; disposal of fish and aquatic life must follow applicable State and local laws and regulations, and salvaged fish may not be stocked into waters without the owners' permission or into waters the Commission designates as inappropriate for salvaged fish. The regulation does not require a fish salvage. [24]

Under 58 Pa. Code § 51.84, applications are reviewed by the Commission's Division of Environmental Services and by DEP, and the Division of Environmental Services issues the permits. For jurisdictional dams, Chapter 105 says that under normal conditions reservoirs impounded by earthfill dams should not be drawn down faster than 1 foot per day without DEP's prior approval. It also says that, for the owner or permittee of a dam or reservoir, routine maintenance of the dam and the reservoir's design storage capacity needs no further Chapter 105 authorization except as provided in its rule on drawing down impounded waters inhabited by fish. [3][19][25][26]

In a 2025 Environmental Hearing Board appeal of the High Point Lake drawdown permit, DEP took the position that its own permission is needed only where a drawdown will exceed one foot per day; the Board, in denying DEP's motion to dismiss, noted that DEP's regulations say routine maintenance, including drawdown of water in an impoundment, does not require DEP approval, but said it was not clear that a long-term, full drainage of an impoundment used as a lake is routine maintenance. The permit in that case, signed by DEP's Chief of the Division of Dam Safety on August 13, 2025, required the permittee to follow DEP's best management practices for "Minimizing Sediment Pollution to Downstream Channels During Impoundment Dewatering"; the opinion does not describe what those practices contain. [27]

The Commission's advisory guidance notes that a drawdown can dry out and partly control plants in the dewatered area and is particularly effective with freezing weather, but that exposing the mud after turtles, frogs and salamanders begin hibernating in it will likely kill them. [4]

• DefinitionFish and Boat Code definitions (30 Pa.C.S. § 102), which apply throughout Title 30 unless the context clearly indicates otherwise: "fish" as a noun includes all game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms, which is broader than the everyday meaning of fish; no source was found applying this definition to the § 3506 drawdown trigger. "Inland waters" includes any nontidal stream, river, lake, or artificial or natural body of water in the Commonwealth. Section 102 defines neither "dam", "dam waters" nor "impounded waters".

  Applies when: Interpreting 30 Pa.C.S. § 3506 and 58 Pa. Code §§ 51.81-51.89 30 Pa.C.S. § 102 ("Fish"; "Inland waters") [18]
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  the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: ... "Fish." (1) When used as a noun, includes all game fish, fish bait, bait fish, amphibians, reptiles and aquatic organisms. ... "Inland waters." Any nontidal stream, river, lake, artificial or natural body of water within this Commonwealth.

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• ProcessPFBC's drawdown application (PFBC-DD01, updated March 2026) is reviewed jointly by PFBC and DEP's Bureau of Waterways Engineering. The form asks whether the impoundment contains fish or other aquatic organisms, the proposed dates, the impoundment area (acres), maximum depth, depth of drawdown below normal pool, and method (valve, gate, stoplog, siphon, pump or other). If fish are to be transferred, it asks for the destination water and transfer method. The form contains no drawdown-rate limit, sediment-control requirement, seasonal restriction or fish-salvage requirement.

  Applies when: Applying for a PFBC/DEP drawdown permit PFBC-DD01, Application to Draw Off Water from Impoundments (updated March 2026), header and Sections B-C [20]
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  This application will be reviewed jointly by the Pennsylvania Fish and Boat Commission (PFBC) and the Department of Environmental Protection (DEP) Bureau of Waterways Engineering ... Does the impoundment contain fish or other aquatic organisms? ☐ Yes ☐ No C. DRAW DOWN INFORMATION Proposed Dates From: To: Impoundment Area (acres): Maximum Depth (feet): Depth of draw down (feet below normal pool): Method: ☐ Valve ☐ Gate ☐ Stoplog ☐ Siphon ☐ Pump ☐ Other: If fish are to be transferred, provide the destination water: and transfer method:

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• ProcessPFBC-DD01 Section E (DEP Supplement) must be completed when the drawdown purpose includes any of items 1-7, the construction, maintenance or elimination purposes listed in Section D (such as dredging, and pond elimination and backfill). It states that many activities related to reservoir drawdowns need separate DEP and/or U.S. Army Corps of Engineers approvals before work begins, and DEP uses the supplement to decide on additional permitting. For dredging or disposal of accumulated sediment it asks for color photos, a dredging plan and a disposal plan. For pond elimination and backfill it asks for a site plan with dimensions of the dam and pond, and the drainage area.

  Applies when: Drawdowns for construction, maintenance, dredging or pond elimination PFBC-DD01 (updated March 2026), Sections D-E [20]
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  Construction, maintenance or elimination - *Complete Section E. DEP Supplement if project purpose includes any of items 1 through 7. ... Many activities related to reservoir draw downs require separate DEP and/or U.S. Army Corps of Engineers approval(s) prior to beginning the activity(s). The information ... will be used by DEP to determine any additional permitting requirements. ... Dredging/Disposal of Accumulated Sediment ... Color photos ... Dredging plan ... Disposal plan ... Pond Elimination and Backfill Site plan & dimensions of dam & pond ... Drainage area

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• Process58 Pa. Code § 51.83: issuing a drawdown permit does not waive the need for other State, local or Federal permits for the proposed activity.

  Applies when: PFBC drawdown permits 58 Pa. Code § 51.83 [21]
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  The issuance of a draw down permit under section 3506 of the code (relating to drawing off or interference with dams or devices) does not constitute a waiver of the requirement for applicants to obtain other State, local or Federal permits for the proposed activity.

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• Requirement58 Pa. Code § 51.86: a drawdown permittee is solely responsible for the consequences of drawing down the impounded waters. The permittee must ensure compliance with laws and regulations on downstream flooding and must acquire any property rights, flowage easements or other interests needed for the drawdown. It must also allow at all times a minimum flow, determined by the Commission, in the natural stream on which the impoundment is located, to protect and conserve fish downstream. Neither this section nor the rest of Subchapter I (§§ 51.81-51.89) sets a numeric drawdown rate or a sediment standard.

  Applies when: Holders of PFBC drawdown permits 58 Pa. Code § 51.86 [22]
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  A permittee is solely responsible for the consequences of drawing down the impounded waters. A permittee is responsible to ensure compliance with laws and regulations governing downstream flooding. A permittee is responsible for acquiring property rights, flowage easements or other interests required to accomplish the draw down. A permittee is responsible to allow a minimum flow of water determined by the Commission to be sufficient at all times to flow in a natural stream on which the impoundment is located to provide for the protection and conservation of fish downstream from the site.

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• Requirement58 Pa. Code § 51.87: unless the purpose of the permitted drawdown is to remove or eliminate the impoundment, the permittee must refill it when the permit expires or the work is completed, whichever comes first. While refilling, the permittee must keep the Commission-determined minimum flow in the natural stream to protect fish downstream.

  Applies when: Holders of PFBC drawdown permits (other than pond elimination) 58 Pa. Code § 51.87 [23]
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  Except when the purpose of the permitted draw down is to remove or eliminate the impoundment, the permittee shall refill the impoundment when the permit expires or the work is completed, whichever occurs first. In refilling the impoundment, the permittee is responsible to allow a minimum flow of water determined by the Commission to be sufficient at all times to flow in a natural stream on which the impoundment is located to provide for the protection and conservation of fish downstream from the site.

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• Requirement58 Pa. Code § 51.85 (fish handling under a drawdown permit): the permit authorizes the permittee to take, catch, kill or possess fish from the drawn-down waters regardless of seasons, sizes, creel limits or manner of taking. Fish and aquatic life must be disposed of under applicable State and local law. Salvaged fish may not be stocked into waters without the owners' permission, or into any waters the Commission designates as inappropriate for salvaged fish. The regulation does not require a fish salvage.

  Applies when: Holders of PFBC drawdown permits 58 Pa. Code § 51.85(a)-(c) [24]
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  authorizes the permittee to take, catch, kill or possess fish taken from the drawn down waters regardless of seasons, sizes and creel limits or manner of taking. ... Disposal of fish and aquatic life shall be done in conformance with applicable State and local laws and regulations. ... It is unlawful to stock fish salvaged as a result of draw down operations in waters without the permission of the owners ... It is unlawful to stock fish salvaged as a result of draw down operations in any waters of this Commonwealth designated by the Commission as inappropriate for stocking of salvaged fish.

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• Agency58 Pa. Code § 51.84: drawdown permit applications are reviewed by the Commission's Division of Environmental Services and by DEP's Bureau of Dams and Waterways Management, and the Division of Environmental Services issues the permits for the Commission. (The March 2026 PFBC-DD01 form names DEP's Bureau of Waterways Engineering, and PFBC's service page names DEP's Division of Dam Safety, as the DEP reviewer; the regulation names a different DEP bureau.)

  Applies when: PFBC drawdown permits 58 Pa. Code § 51.84 [19]
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  A permit application will be reviewed by the Commission’s Division of Environmental Services and by the Department of Environmental Protection, Bureau of Dams and Waterways Management. The Division of Environmental Services will issue permits for the Commission.

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• RequirementFor the owner or permittee of a dam or reservoir, routine maintenance of the dam and of the reservoir's design storage capacity does not require further Chapter 105 authorization, except as provided in § 105.122 (drawdown of impounded waters). A permittee or owner may not modify the approved operation or monitoring plans without prior DEP approval.

  Applies when: Draining a pond behind a permitted dam (e.g., to dry the bed for sealing) 25 Pa. Code § 105.131(b)-(c) [26]
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  A permittee or owner of a dam or reservoir may not modify or cease implementation of all or part of the approved plans and methods of operation or monitoring without the prior approval of the Department ... The permittee or owner of a dam or reservoir shall operate and maintain the dam in accordance with the authorized plans and specifications. Routine maintenance of the dam and the reservoir’s design storage capacity will not require further authorization under this chapter except as provided in § 105.122 (relating to drawdown of impounded waters).

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• PFBC's service page gives advisory timing guidance, not permit conditions. A drawdown can dry out and partly control plants in the dewatered area and is particularly effective with freezing weather. If a pond is drawn down after turtles, frogs and salamanders begin hibernating in the mud and the mud is exposed, those animals will likely be killed. If the pond is larger than 1 acre, the owner must apply for the joint DEP/PFBC permit "because release of larger amounts of water is a regulated activity". The page states no drawdown-rate or sediment-control requirement.

  Applies when: Planning the timing of a pond drawdown PFBC, "Apply to Draw Off Water from Impoundments" (pa.gov), Drawdown Considerations [4]
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  This practice, termed "draw down," can dry out and provide partial control of plants in the dewatered area. It is particularly effective when done in association with freezing weather. If you draw a pond down after turtles, frogs and salamanders begin hibernation in the mud and this mud is exposed, chances are that these hibernating creatures will be killed. If your pond is larger than 1 acre, you must apply for a Pennsylvania DEP/Fish and Boat Commission Permit to Draw Off Water From Impoundments because release of larger amounts of water is a regulated activity.

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Handling the water and sediment released while draining

Pennsylvania's NPDES rule says a person may not discharge pollutants from a point source into surface waters, which are defined to include ponds, except as authorized under an NPDES permit; a point source includes any pipe, ditch or channel from which pollutants are or may be discharged. No DEP regulation or guidance was found that says whether draining a pond through a pipe, siphon or pump is such a discharge. [17][28]

If, because of an accident or other activity or incident, a substance that would otherwise result in pollution or create a danger of pollution is discharged into waters of the Commonwealth, 25 Pa. Code § 91.33 requires the person in charge of the substance, or owning or possessing the premises, to immediately notify DEP by telephone and, if reasonably possible, known downstream users, to immediately take the steps needed to prevent injury, and to remove residual substances from the ground and affected waters within 15 days of the incident, to the extent required. The Clean Streams Law also lets DEP, where it finds that an activity not otherwise requiring a permit under that law creates a danger of pollution, or that regulating the activity is necessary to avoid pollution, require a permit for it by rule or regulation, otherwise set the conditions for it, or issue an order regulating it; no DEP rule was found under that authority that specifically requires a permit or sets conditions for draining a pond. [15][29]

On construction projects covered by the PAG-02 general permit (earth disturbance of 1 acre or more, or disturbance within a larger common plan of development or sale of 1 acre or more; effective December 8, 2024, expiring December 7, 2029), discharges from dewatering activities are prohibited unless managed as the permit requires: dewatering water must be infiltrated in upland vegetated areas to the extent feasible, and water that cannot be infiltrated must be treated by an approved series of two or more BMPs before discharge to surface waters, unless the permittee documents that the outflow from a single BMP will reach a turbidity of 50 NTU or less and receives written approval from DEP or the conservation district. PAG-02 defines dewatering as draining accumulated stormwater and/or groundwater from building foundations, vaults, trenches or other similar points of accumulation, and does not say whether pumping out a pond's standing water counts. [30]

The current PAG-01 general permit (earth disturbance of less than 5 acres; effective March 1, 2022, expiring February 28, 2027) says construction dewatering water may not be discharged directly to surface waters and must be infiltrated in upland vegetated areas to the extent feasible, and sets no two-BMP or 50 NTU standard. A draft reissued PAG-01, noticed August 22, 2026 and not yet in effect, proposes treatment by an approved series of at least two E&S BMPs, or one BMP producing outflow turbidity of no more than 50 NTU, where discharges to surface waters are proposed; written comments were accepted through September 21, 2026. [31][32]

DEP's Erosion and Sediment Pollution Control Program Manual (386-2134-001, effective March 31, 2012), which DEP says is guidance and not a regulation, says water pumped from a disturbed area must be treated for sediment removal before discharge to a surface water unless it can be shown to already meet discharge standards, and may not be discharged directly to detention ponds; straw bale and filter fabric structures are not acceptable filters for pumped water. For pumped-water filter bags it specifies a pumping rate no greater than 750 gpm or half the manufacturer's maximum, whichever is less, floating and screened pump intakes, daily inspection, and replacement when a bag is half full of sediment. [33]

As an enforcement example, DEP reported in June 2025 that tons of sediment built up behind Dunmore No. 7 Dam (Lackawanna County) were unexpectedly released into Roaring Brook and the Lackawanna River during dam improvements in February 2024; in lieu of a civil penalty, the owner agreed in a settlement with DEP to perform a Community Environmental Project projected at $350,000. [34]

• Definition25 Pa. Code § 92a.2 definitions: "surface waters" include lakes, reservoirs and ponds, except water at facilities approved for wastewater treatment. A "point source" is any discernible, confined and discrete conveyance, including any pipe, ditch or channel, from which pollutants are or may be discharged. A "discharge" is an addition of any pollutant to surface waters from a point source.

  25 Pa. Code § 92a.2 ("Discharge", "Point source", "Surface waters") [28]
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  Discharge—An addition of any pollutant to surface waters of this Commonwealth from a point source. ... Point source—A discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel ... Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment

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• Requirement25 Pa. Code § 91.33 applies when, because of an accident or other activity or incident, a substance that would otherwise result in pollution or create a danger of pollution is discharged into waters of the Commonwealth. The person in charge of the substance, or owning or possessing the premises, must immediately notify DEP by telephone and, if reasonably possible, notify known downstream users. That person must also immediately take the steps needed to prevent injury, and within 15 days remove the residual substances from the ground and affected waters to the extent required.

  Applies when: Any incident that discharges a polluting substance into waters of the Commonwealth 25 Pa. Code § 91.33(a)-(b) [29]
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  If, because of an accident or other activity or incident ... another substance which ... would otherwise result in pollution or create a danger of pollution of the waters ... is discharged into these waters ... it is the responsibility of the person at the time in charge of the substance or owning or in possession of the premises ... to immediately notify the Department by telephone ... to notify known downstream users of the waters. ... a person shall immediately take or cause to be taken steps necessary to prevent injury ... within 15 days from the incident, shall remove

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• RequirementClean Streams Law § 402(a): where DEP finds that an activity not otherwise requiring a permit under the Act, including the impounding or handling of materials or substances, creates a danger of pollution of waters of the Commonwealth, or that regulating the activity is necessary to avoid such pollution, DEP may by rule or regulation require a permit, may otherwise set the conditions for the activity, or may issue an order to a person regulating that particular activity. No DEP rule was found under this authority that specifically requires a permit or sets conditions for draining a pond.

  Applies when: Activities DEP finds create a danger of pollution Clean Streams Law § 402(a), 35 P.S. § 691.402(a) [15]
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  Whenever the department finds that any activity, not otherwise requiring a permit under this act, including but not limited to the impounding, handling ... of materials or substances, creates a danger of pollution of the waters of the Commonwealth or that regulation of the activity is necessary to avoid such pollution, the department may, by rule or regulation, require that such activity be conducted only pursuant to a permit ... or may otherwise establish the conditions under which such activity shall be conducted, or the department may issue an order ... regulating a particular activity.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• StatusThe currently effective PAG-02 NPDES General Permit (stormwater from construction activities) took effect December 8, 2024 and expires December 7, 2029. It authorizes stormwater discharges from construction with earth disturbance of 1 acre or more, or disturbance within a larger common plan of development or sale of 1 acre or more. It does not apply to agricultural plowing and tilling, animal heavy use areas, timber harvesting, oil and gas activities, or road maintenance.

  Applies when: Earth disturbance of 1 acre or more (including a larger common plan) PAG-02 General Permit (3800-PM-BCW0405d Rev. 1/2026), pp. 1, 5 [30]
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  the discharge of stormwater associated with construction activities from earth disturbances greater than or equal to one (1) acre, or earth disturbances on any portion, part, or during any stage of, a larger common plan of development or sale that is greater than or equal to one (1) acre. This General Permit does not apply to earth disturbance activities involving agricultural plowing and tilling, animal heavy use areas, timber harvesting activities, oil and gas exploration ... or road maintenance activities. ... Effective: December 8, 2024 ... Expires: December 7, 2029

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementPAG-02 Part A I.B.3 (verbatim substance): discharges from dewatering activities, including dewatering of trenches and excavations, are prohibited unless managed as follows. (a) The permittee must use upland vegetated areas of the site to infiltrate construction dewatering water before discharge, to the extent feasible. (b) Dewatering water that cannot be infiltrated must be treated by an approved series of two or more BMPs before discharge to surface waters to reduce discharges with visual turbidity. The exception is where the permittee documents that the outflow from a single BMP will reach a turbidity of 50 NTU or less and receives written approval from DEP or the conservation district.

  Applies when: Projects covered by PAG-02 (1 acre or more of earth disturbance) that pump construction dewatering water PAG-02 General Permit, Part A § I.B.3(a)-(b) (citing 25 Pa. Code § 102.11(c) and 40 CFR § 450.22(e)) [30]
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  Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited ... utilize upland vegetated areas of the project site to infiltrate construction dewatering water prior to discharge, to the extent feasible. ... must be treated by an approved series of two or more BMPs prior to discharge to surface waters to reduce discharges with visual turbidity, unless the permittee can document that the outflow from a single BMP will achieve a turbidity of 50 Nephelometric Turbidity Units (NTUs) or less and receives written approval from DEP/CCD.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• DefinitionPAG-02 defines "dewatering" as draining accumulated stormwater and/or groundwater from building foundations, vaults, trenches, or other similar points of accumulation. The definition does not mention draining an existing pond or lake, and the permit does not say whether pumping out a pond's standing water counts as "dewatering".

  Applies when: PAG-02 projects PAG-02 General Permit, Part A § II (Definitions), "Dewatering" [30]
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  Dewatering means the act of draining accumulated stormwater and/or groundwater from building foundations, vaults, and trenches, or other similar points of accumulation.

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• RequirementThe currently effective 2022 PAG-01 does contain a dewatering requirement, in Part A I.B.3. Discharges from dewatering activities, including dewatering of trenches and excavations, are prohibited unless managed as follows. (a) Construction dewatering water may not be discharged directly to surface waters, and the permittee must notify DEP or the conservation district if it has reason to believe the water may contain toxic pollutants. (b) An oil-water separator or suitable filtration device is required if the water contains oil, grease or other products. (c) Upland vegetated areas of the site must be used to infiltrate dewatering water before discharge, to the extent feasible. (d) Materials collected by filtration devices must be disposed of off-site unless DEP or the conservation district authorizes otherwise. Unlike PAG-02, the 2022 text sets no two-BMP or 50 NTU treatment standard (the draft reissued PAG-01 would add one; see the next claim).

  Applies when: Projects covered by PAG-01 (less than 5 acres) that pump construction dewatering water PAG-01 General Permit (2022), Part A § I.B.3(a)-(d) [31]
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  Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited ... may not be discharged directly to surface waters. The permittee shall notify DEP or CCD if the permittee has reason to believe that dewatering water may contain toxic pollutants. ... oil-water separator ... if dewatering water is found to contain those materials. ... utilize upland vegetated areas of the project site to infiltrate construction dewatering water ... collect and dispose of materials ... off-site unless otherwise authorized by DEP or CCD.

  Open Pennsylvania Department of Environmental Protection, Bureau of Clean Water (DEP eLibrary) (opens in a new tab)

• StatusDRAFT ONLY, not yet in effect: DEP's August 22, 2026 notice of a draft reissued PAG-01 proposes "additional requirements" for construction dewatering water compared with the 2022 permit. Where discharges to surface waters are proposed, dewatering water would have to be treated by an approved series of at least two E&S BMPs, or by one BMP if it produces outflow turbidity of no more than 50 NTU, similar to PAG-02. Written comments were accepted through September 21, 2026.

  Applies when: Future PAG-01 (less than 5 acres) projects, if the draft is finalized DEP notice, 56 Pa.B. 5629 (Aug. 22, 2026) (draft PAG-01) [32]
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  The Department is proposing additional requirements for construction dewatering water. Dewatering water would need to be treated by an approved series of at least two E&S BMPs or one BMP if it would produce an outflow turbidity concentration of no greater than 50 Nephelometric Turbidity Units, where discharges are proposed to surface waters, similar to PAG-02. ... Interested persons are invited to submit written comments regarding the Draft PAG-01 General Permit and associated documents through Monday, September 21, 2026.

  Open Pennsylvania Bulletin (DEP notice) (opens in a new tab)

• RequirementE&S Manual, "Dewatering Work Areas": wherever water is pumped from a disturbed area, it must be treated for sediment removal before it is discharged to a surface water, unless the water being pumped can be shown to already meet discharge standards. The pump discharge may be routed through a properly functioning sediment basin or sediment trap. Pumped water may not be discharged directly to detention ponds. Straw bale and filter fabric structures are not acceptable filters for pumped water. Sump pits (Standard Construction Detail #3-17) may be used to filter pumped water; the manual also allows pumped water filter bags (Detail #3-16, next claims).

  Applies when: Pumping water from disturbed areas or excavations (E&S Plan guidance) E&S Manual 386-2134-001, ch. 3, "Dewatering Work Areas", p. 53 [33]
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  Wherever water is pumped from a disturbed area, it must be treated for sediment removal prior to discharging to a surface water unless it can be shown that the quality of the water being pumped already meets discharge standards. ... the pump discharge may be routed through the trap or basin. ... may not be discharged directly to detention ponds ... Straw bale structures and filter fabric structures are not acceptable ... Sump Pits, as shown in Standard Construction Detail #3-17, may be used to filter pumped water

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementE&S Manual, additional notes to Detail #3-16: the pumping rate into a filter bag must be no greater than 750 gpm or half the manufacturer's maximum, whichever is less. Pump intakes must be floating and screened. Filter bags must be inspected daily, and if any problem is detected, pumping must stop immediately and not resume until the problem is corrected.

  Applies when: Use of pumped water filter bags (E&S Plan guidance) E&S Manual 386-2134-001, Standard Construction Detail #3-16 (additional notes), p. 55 [33]
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  The pumping rate shall be no greater than 750 gpm or ½ the maximum specified by the manufacturer, whichever is less. Pump intakes shall be floating and screened. Filter bags shall be inspected daily. If any problem is detected, pumping shall cease immediately and not resume until the problem is corrected.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• DEP enforcement example: in February 2024, during improvements to Dunmore No. 7 Dam (Lackawanna County), tons of sediment that had built up behind the dam were unexpectedly released into Roaring Brook and the Lackawanna River. DEP Dam Safety staff had the contractor close one drawdown and nearly close another to cut the flow downstream. In lieu of a civil penalty, the dam owner (PA American Water) agreed in a settlement with DEP to perform a Community Environmental Project, projected at $350,000, to mitigate the impacts of the sediment release.

  Applies when: Enforcement context for sediment released downstream during dam work or drawdown DEP news release, June 27, 2025 (Dunmore No. 7 Dam Sediment Release Response) [34]
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  During improvements to the Dunmore No. 7 Dam in Lackawanna County in February 2024, there was an unexpected release of tons of sediment that had built up behind the dam into the Roaring Brook and Lackawanna River. ... Dam Safety staff communicated with contractors to close one drawdown and nearly close another to minimize the flow downstream ... As part of a settlement that DEP reached with PA American Water, in lieu of a civil penalty, the company agreed to perform a Community Environmental Project (CEP) ... The value of the project is projected at $350,000

  Open Pennsylvania Department of Environmental Protection (pa.gov) (opens in a new tab)

Maintenance dredging and E&S duties for in-pond earthwork

Chapter 102 defines an earth disturbance activity as a construction or other human activity that disturbs the surface of the land. Its listed examples include grading, excavations, embankments and the moving, depositing, stockpiling or storing of soil, rock or earth materials; because they follow the word "including", the list is not exhaustive. Simply releasing water from a pond is not among the listed examples, and the definition does not say whether a drawdown by itself is an earth disturbance activity. [35]

For maintenance dredging of an artificial pond behind a non-jurisdictional dam, DEP says the Water Obstruction and Encroachment Permit is waived when the work is limited to the original storage capacity and removes only accumulated sediment, and the drainage area is 100 acres or less, the greatest depth at maximum storage is 15 feet or less and the impounding capacity is 50 acre-feet or less. DEP adds that pond and dam owners should still obtain E&S Plan approval from their County Conservation District. [10]

DEP's FAQ tells the owner of a silted-in non-jurisdictional dam that no Chapter 105 authorization is needed to remove accumulated sediment, but that federal authorization may be required from the U.S. Army Corps of Engineers and the Fish and Boat Commission may require a Drawdown Permit. [10]

The E&S Manual's guidance on earthwork within lakes and ponds says the appropriate Chapter 105 permits must be obtained from DEP wherever the structures it describes are installed. It says that because pond water usually has no appreciable flow velocity, a cofferdam is usually enough to protect impounded water from construction turbidity. It adds that a turbidity barrier (silt curtain) is generally used for relatively short periods, usually less than 1 month, and that for ponds and other still water the barrier fabric should be relatively impermeable. [33]

• Definition25 Pa. Code § 102.1 defines "earth disturbance activity" as a construction or other human activity that disturbs the surface of the land. It lists, among others, land clearing and grubbing, grading, excavations, embankments, and the moving, depositing, stockpiling or storing of soil, rock or earth materials. Simply releasing water from a pond is not among the listed examples; the list follows the word "including", so it is not exhaustive, and the definition does not say whether a drawdown by itself is an earth disturbance activity.

  25 Pa. Code § 102.1 ("Earth disturbance activity") [35]
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  Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• ProcessDEP's pond guidance for artificial ponds behind non-jurisdictional dams addresses maintenance dredging; it does not address draining the pond as such. Maintenance dredging limited to the original storage capacity, removing only accumulated sediment, is waived from a Water Obstruction and Encroachment Permit where the drainage area is 100 acres or less, the greatest depth at maximum storage is 15 feet or less, and the impounding capacity is 50 acre-feet or less. Pond and dam owners should still obtain E&S Plan approval from their County Conservation District.

  Applies when: Artificial ponds with non-jurisdictional dams DEP, "Introduction to Ponds and Chapter 105", Common Pond Maintenance Activities - Artificial Ponds with Non-Jurisdictional Dams [10]
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  waiver of Water Obstruction and Encroachment Permit requirements ... if this maintenance is limited to the impoundment’s original storage capacity and only accumulated sediment is removed. This waiver only applies when: The contributory drainage area is less than or equal to 100 acres. The greatest depth of water at maximum storage elevation is less than or equal to 15 feet. The impounding capacity at maximum storage elevation is less than or equal to 50- acre feet. Pond and dam owners should still obtain Erosion and Sediment Control Plan approval from their County Conservation District.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• ProcessDEP's pond FAQ answers the owner of a silted-in non-jurisdictional dam who wants to clean it out: no Chapter 105 authorization is needed to remove accumulated sediment, but federal authorization may be required from the U.S. Army Corps of Engineers and PFBC may require a Drawdown Permit. The FAQ section also notes that, whether or not Chapter 105 authorization is needed, Chapter 102 requires an E&S plan and E&S BMPs. The page does not otherwise address how pond water released during a drawdown must be handled.

  Applies when: Cleaning out a pond behind a non-jurisdictional dam DEP, "Introduction to Ponds and Chapter 105", Frequently Asked Questions [10]
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  the development of an erosion and sedimentation control plan and the implementation and maintenance of erosion and sedimentation control Best Management Practices is required under Chapter 102. ... I own a non-jurisdictional dam and it has silted in. What kind of permit do I need to clean it out? ... no Chapter 105 authorization is needed from the state to remove accumulated sediment. However, federal authorization may be required from US Army Corps of Engineers and the PA Fish and Boat Commission may require a Drawdown Permit.

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• RequirementE&S Manual, "Earthwork within Lakes and Ponds": wherever the structures in this section are installed, the appropriate Chapter 105 permits must be obtained from DEP. Because pond water usually has no appreciable flow velocity, a cofferdam is usually enough to protect impounded water from construction turbidity. A turbidity barrier (silt curtain) is generally used for relatively short periods, usually less than 1 month. It should never be placed across flowing watercourses. For ponds and other still water, the curtain fabric should be relatively impermeable.

  Applies when: Earthwork inside an existing pond or lake, or along its shoreline (E&S Plan guidance) E&S Manual 386-2134-001, ch. 3, "Earthwork within Lakes and Ponds", p. 49 [33]
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  NOTE: Wherever the structures described in this section are installed, the appropriate Chapter 105 permits must be obtained from the Department. ... Since the water within a lake or pond typically has no appreciable flow velocity, a cofferdam is usually sufficient to protect impounded water from the turbidity caused by construction activity. ... for relatively short periods of time, usually less than 1 month. ... should never be placed across flowing watercourses. ... For ponds and other relatively still water bodies, the fabric should be relatively impermeable

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Sealing or lining the pond bed: what DEP's Chapter 105 rules say

Chapter 105 defines a "body of water" to include a natural or artificial pond, an "encroachment" as a structure or activity that changes, expands or diminishes the course, current or cross section of a watercourse, floodway or body of water, and "fill" to include material used to replace an area with aquatic life with dry land or to change the bottom elevation of a regulated water. A "water obstruction" includes fill or an embankment located in, along or across or projecting into a body of water; for ponds, a water obstruction is considered in or along the water if, at normal pool elevation, it is in the water or adjacent to and abutting the water's edge. [8]

Under 25 Pa. Code § 105.11, a person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written DEP permit; a DEP permit issued after July 1, 1979 for the construction and operation of a water obstruction or encroachment includes authorization for normal repairs and maintenance within the original specifications, but a modification from those specifications and a repair or reconstruction involving a substantial portion of the structure require DEP's prior written permit. [36]

Section 105.12(a)(14) waives the permit requirement for maintenance of an artificial pond or reservoir to its original storage capacity where the contributory drainage area is 100 acres or less, the greatest water depth at maximum storage elevation is 15 feet or less and the impounding capacity at maximum storage elevation is 50 acre-feet or less. DEP may still require a permit if, on complaint or investigation, a waived activity has a significant effect on safety or the protection of life, health, property or the environment. [9]

DEP's pond guidance says its rules do not regulate the repair and maintenance of non-jurisdictional dams. For a leaking dam or failing outlet pipe, DEP's FAQ says repair work on a non-jurisdictional dam is not regulated under Chapter 105, and that the owner of a jurisdictional dam should contact DEP's Division of Dam Safety to determine regulatory requirements; DEP's guidance adds that any repair or modification of any kind to a jurisdictional dam should be presented to that Division for a determination of regulatory requirements. [10]

DEP's Chapter 105 General Permits page lists 12 general permits. GP-9 (Agricultural Activities, Rev. 6/2013) covers grassed or lined waterways, terraces, diversions, waste storage facilities, spring development and supporting minor drainage, may be used only as part of a conservation plan approved by the county conservation district, and does not list ponds or pond liners. GP-11 (Rev. 6/2013) covers maintenance, testing, repair, rehabilitation or replacement of existing, currently serviceable water obstructions or encroachments, may not be used for the maintenance, repair, modification, removal or replacement of dams, and requires the acknowledged Registration Form from DEP before work begins. [37][38][39]

• DefinitionChapter 105 defines a 'water obstruction' as a dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water; for ponds, lakes and reservoirs, a water obstruction is in or along the body of water if, at normal pool elevation, it is either in the water or adjacent to and abutting the water's edge.

  Applies when: Deciding whether material or structures placed in a pond are water obstructions 25 Pa. Code § 105.1 (definition of "Water obstruction") [8]
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  (i) A dike, bridge, culvert, wall, wingwall, fill, pier, wharf, embankment, abutment or other structure located in, along or across or projecting into a watercourse, floodway or body of water. (ii) In the case of ponds, lakes and reservoirs, a water obstruction is considered to be in or along the body of water if, at normal pool elevation, the water obstruction is either in the water or adjacent to and abutting the water’s edge.

  Open Pennsylvania Code & Bulletin (opens in a new tab)

• RequirementChapter 105's basic rule: a person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written DEP permit. A DEP permit issued after July 1, 1979 for the construction and operation of a water obstruction or encroachment incorporates authorization for normal repairs and maintenance within the original specifications, but a repair or maintenance that modifies the structure from its original specifications, and a repair or reconstruction involving a substantial portion of the structure, require DEP's prior written permit.

  Applies when: Any work on a dam, water obstruction or encroachment not covered by a waiver or general permit 25 Pa. Code § 105.11(a), (d) [36]
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  A person may not construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment without first obtaining a written permit ... after July 1, 1979, for the construction and operation of a water obstruction or encroachment will incorporate authorization for normal repairs and maintenance of permitted structures conducted within the original specifications ... modification of the water obstruction or encroachment from its original specifications and a repair or reconstruction involving a substantial portion of the structure shall require the prior written permit

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ExemptionChapter 105's waiver for pond maintenance is § 105.12(a)(14): the permit requirement is waived for maintenance of an artificial pond or reservoir to its original storage capacity where the contributory drainage area is 100 acres or less, the greatest water depth at maximum storage elevation is 15 feet or less, and the impounding capacity at maximum storage elevation is 50 acre-feet or less. DEP may still require a permit if, on complaint or investigation, a waived activity has a significant effect on safety or the protection of life, health, property or the environment.

  Applies when: Maintenance of a small artificial pond 25 Pa. Code § 105.12(a) (introductory text), (a)(14) [9]
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  has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner ... to apply for and obtain a permit ... (14) The maintenance of an artificial pond or reservoir to its original storage capacity where: (i) The contributory drainage area is less than or equal to 100 acres. (ii) The greatest depth of water at maximum storage elevation is less than or equal to 15 feet. (iii) The impounding capacity at maximum storage elevation is less than or equal to 50 acre feet.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementFor a leaking dam or failing outlet pipe, DEP's pond FAQ says: if the dam is jurisdictional, contact DEP's Division of Dam Safety to determine regulatory requirements; if it is non-jurisdictional, repair work is not regulated under Chapter 105. For jurisdictional dams, the guidance says any dam repair or modification of any kind should be presented to the Division of Dam Safety for a determination of regulatory requirements.

  Applies when: Leaking pond or dam repair DEP, "Introduction to Ponds and Chapter 105" (pa.gov), Jurisdictional Dams - Dam/Outlet Repair; FAQ "My dam is leaking/my outlet pipe is failing" [10]
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  Dam/Outlet Repair - Any dam repair or modification of any kind to a jurisdictional dam should be presented to DEP’s Division of Dam Safety for a determination of regulatory requirements. ... Question: My dam is leaking/my outlet pipe is failing. What authorization do I need to conduct repairs? Answer: If your dam is jurisdictional, contact DEP’s Division of Dam Safety to determine regulatory requirements. If your dam is non-jurisdictional, repair work is not regulated under Chapter 105.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• StatusDEP's Chapter 105 General Permits page describes 12 general permits: GP-1 Fish Habitat Enhancement Structures; GP-2 Small Docks and Boat Launching Ramps; GP-3 Bank Rehabilitation, Bank Protection, and Gravel Bar Removal; GP-4 Intake and Outfall Structures; GP-5 Utility Line Stream Crossings; GP-6 Agricultural Crossings and Ramps; GP-7 Minor Road Crossings; GP-8 Temporary Road Crossings; GP-9 Agricultural Activities; GP-10 Abandoned Mine Reclamation; GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments; and GP-15 Private Residential Construction in Wetlands.

  Applies when: Checking whether a Chapter 105 general permit covers sealing or lining a pond DEP, "Chapter 105 General Permits" (pa.gov), Chapter 105 General Permit Types [37]
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  GP-1 Fish Habitat Enhancement Structures ... GP-2 Small Docks and Boat Launching Ramps ... GP-3 Bank Rehabilitation, Bank Protection, and Gravel Bar Removal ... GP-4 Intake and Outfall Structures ... GP-5 Utility Line Stream Crossings ... GP-6 Agricultural Crossings and Ramps ... GP-7 Minor Road Crossings ... GP-8 Temporary Road Crossings ... GP-9 Agricultural Activities ... GP-10 Abandoned Mine Reclamation ... GP-11 Maintenance, Testing, Repair, Rehabilitation or Replacement of Water Obstructions and Encroachments ... GP-15 Private Residential Construction in Wetlands

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• RequirementGP-9 (Agricultural Activities, Rev. 6/2013) covers these agricultural activities: grassed or lined waterways, terraces, diversions, waste storage facilities, spring development and supporting minor drainage. It may be used only as part of a conservation plan approved by the county conservation district; those activities must be built and maintained to 25 Pa. Code § 101.8 and the design standards in the NRCS technical guide for Pennsylvania. Ponds and pond liners are not among the listed activities.

  Applies when: Farm projects considering GP-9 DEP General Permit BWEW-GP-9, Agricultural Activities (3150-PM-BWEW0509, Rev. 6/2013), §§ 1, 12.a-12.b [38]
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  These agricultural activities are grassed or lined waterways, terraces, diversions, waste storage facilities, spring development and minor drainage that supports these activities ... The use of this General Permit is only authorized as part of a conservation plan approved by a County Conservation District ... must be constructed and maintained according to 25 Pa. Code Chapter 101.8 and the design standards and specifications found in the technical guide for Pennsylvania available through the U.S. Department of Agriculture, Natural Resources Conservation Service

  Open PA Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands (opens in a new tab)

• ExemptionGP-11 (Rev. 6/2013; effective August 10, 2004 and in effect unless specifically modified, suspended or revoked by DEP) authorizes maintenance, testing, repair, rehabilitation or replacement of existing, currently serviceable water obstructions or encroachments. Minor deviations in the structure's configuration or filled area needed to repair, modify or replace the structure are permitted only if the environmental impacts are minimal, those minimal impacts fall within the GP's terms and conditions, and there is no adverse impact on public health and safety. GP-11 may not be used for the maintenance, repair, modification, removal or replacement of dams. The owner may not begin work until receiving the acknowledged Registration Form from DEP.

  Applies when: Repair of existing structures in or along a pond (not the dam itself) DEP General Permit BWEW-GP-11 (3150-PM-BWEW0511, Rev. 6/2013), §§ 1, 2, 4, 5 [39]
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  the maintenance, testing, repair, rehabilitation or replacement of existing currently serviceable, water obstructions or encroachments ... are minimal, those minimal impacts fall within the terms and conditions of this General Permit, and there is no adverse impact on public health and safety. ... may not be used for the maintenance, repair, modification, removal, or replacement of dams. ... becomes effective August 10, 2004 and will remain in effect unless specifically modified, suspended, or revoked ... may not begin work until he has received the acknowledged “Registration Form”

  Open PA Department of Environmental Protection, Bureau of Waterways Engineering and Wetlands (opens in a new tab)

Products added to pond water, and fish-protection rules

DEP's Chapter 91 rule authorizes an algicide, herbicide or fish-control chemical only as copper sulfate to control algae in a public water supply source with DEP approval, or for chemicals required to control aquatic plants or manage fish populations under joint approval of DEP and the Fish and Boat Commission; its text does not mention sealants or flocculants. DEP's pesticide FAQ says chemicals applied to water for purposes other than controlling pests are not pesticides and are not subject to the NPDES pesticide requirements, but that using alum or other chemicals to control algae or other pests requires a joint Chapter 91 permit. [11][40]

DEP's list of alternative E&S BMPs (revised February 11, 2026) says anionic polyacrylamide (PAM) uses where treated stormwater flows into a sediment trap or basin need no Bureau of Clean Water approval, that anionic PAM uses where treated stormwater flows directly to surface waters or storm sewers without settling, or application directly to traps or basins, need that approval first, and that any flocculant or material containing cationic PAM is prohibited for stormwater treatment. The E&S Manual adds that anionic PAM mixtures used as a temporary soil binder must be non-toxic to fish and other aquatic species and may not be applied within the floodway of a receiving stream channel or within 25 feet of other water bodies. [12][33]

DEP's chemical-additives process is implemented through industrial waste NPDES permits and covers chemical products introduced into a waste stream for cleaning, disinfecting or maintenance that may be detected in effluent discharged to waters of the Commonwealth. [41]

The Fish and Boat Code bars anyone, regardless of intent, from putting electricity, explosives or poisonous substances into waters within or on the boundaries of the Commonwealth (except for research and fish management by agents of, or persons authorized by, the Commission's executive director), or allowing any substance deleterious, destructive or poisonous to fish to run, flow, wash or be emptied into any waters within or bordering on the Commonwealth; a violation is a third-degree misdemeanor. It is also a third-degree misdemeanor to alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits. [13]

For that prohibition on altering or disturbing waters (30 Pa.C.S. § 2502), Commission rules deem a permit "necessary" if the activity would violate statutes or regulations administered by the Commission, DEP, the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers or local municipalities if done without a permit; the listed examples include Chapter 105 dam, water obstruction or encroachment permits, the algicide, herbicide or fish-control-chemical permit, and the permit to draw off impounded water. [7]

• DEP's pesticide FAQ says chemicals applied to water for purposes other than controlling pests are not pesticides and so are not subject to the NPDES pesticide requirements (its example is alum, which controls phosphorus to inhibit algae but is not itself an algicide); however, use of alum or other chemicals to control algae or other pests requires a joint Chapter 91 permit.

  Applies when: Non-pesticide products applied to pond water DEP, Water Quality Permitting for Pesticide Applications in Pennsylvania - FAQ (rev. Feb. 21, 2025), FAQ #23 [40]
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  Chemicals that are applied to water for purposes other than controlling pests are not considered pesticides, and therefore are not subject to the NPDES requirements for pesticide applications. For example, alum is a product used to control concentrations of phosphorus in water to inhibit algae growth, but itself is not an algicide. However, use of alum or other chemicals to control algae or other pests are subject to the requirement to obtain a joint Chapter 91 permit.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementDEP's Alternative E&S BMPs and PCSM SCMs list (revised February 11, 2026) states that anionic polyacrylamide (PAM) uses where treated stormwater flows into a sediment trap or basin need no Bureau of Clean Water approval; Bureau of Clean Water approval is required before any anionic PAM use where treated stormwater will flow directly to surface waters or storm sewers without settling in a trap or basin, or before applying it directly to sediment traps or basins; and any flocculant or material containing cationic PAM is prohibited for stormwater treatment.

  Applies when: Polyacrylamide flocculants/soil binders on Chapter 102 earth-disturbance projects DEP, Alternative E&S BMPs and PCSM SCMs (rev. Feb. 11, 2026), Introduction and "Soil Binders and Flocculants with Polyacrylamides" [12]
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  The following uses do not require Bureau of Clean Water approval before use: Any use of anionic PAMs where treated stormwater will flow into a sediment trap ... The following uses require Bureau of Clean Water ... approval before use: Any use of anionic PAMs where ... treated stormwater will flow directly to surface waters or ... storm sewers without settlement in a sediment trap or basin, or application directly to sediment traps or basins. The following uses are prohibited: The use of any flocculant or material containing cationic PAMs for stormwater treatment.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementDEP's Erosion and Sediment Pollution Control Program Manual (effective March 31, 2012, p. 276) sets specifications for water-soluble anionic PAM used as a temporary soil-binding agent: application must comply with all federal, state and local laws governing anionic PAM; mixtures must be non-toxic to fish and other aquatic species; cationic PAM may not be used due to toxicity to aquatic species; anionic PAM mixtures must have less than 0.05% free acrylamide monomer by weight; and anionic PAM may not be applied within the floodway of a receiving stream channel or within 25 feet of other water bodies.

  Applies when: Anionic PAM used as an E&S soil binder (construction context) DEP, Erosion and Sediment Pollution Control Program Manual (technical guidance, effective March 31, 2012), pp. 276-277, "Soil Binders", "PAM Specifications" and "Application" [33]
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  Water-soluble anionic polyacrylamide (PAM) may be applied to a disturbed area as a temporary soil-binding agent ... must comply with all federal, state and local laws and regulations governing anionic PAM. ... non-toxic to fish and other aquatic species ... Cationic PAM may not be used due to its toxicity to aquatic species. ... Anionic PAM mixtures must have < 0.05% free acrylamide monomer by weight ... Anionic PAM may not be applied within the floodway of a receiving stream channel or within 25 feet of other water bodies.

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• DefinitionDEP's chemical-additives process is implemented through industrial waste NPDES permits. A 'chemical additive' is a chemical product introduced into a waste stream for cleaning, disinfecting or maintenance that may be detected in effluent discharged to waters of the Commonwealth; the term generally excludes chemicals used for neutralization of waste streams, production of goods, and treatment of wastewater. The process uses a Chemical Additives Notification Form (3800-FM-BCW0487) and a New Chemical Additives Request Form (3800-FM-BCW0486).

  Applies when: Industrial NPDES permittees (not direct application to a pond) DEP, "Chemical Additives" (pa.gov, Wastewater Management) [41]
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  The term "chemical additive" means a chemical product ... introduced into a waste stream that is used for cleaning, disinfecting, or maintenance and which may be detected in effluent discharged to waters of the Commonwealth. The term generally excludes chemicals used for neutralization of waste streams, the production of goods, and treatment of wastewater. ... their industrial waste NPDES permits will include language that implements the following process: ... Chemical Additives Notification Form (3800-FM-BCW0487) ... New Chemical Additives Request Form (3800-FM-BCW0486)

  Open PA Department of Environmental Protection, Bureau of Clean Water (opens in a new tab)

• RequirementThe Fish and Boat Code makes it a third-degree misdemeanor to alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits.

  Applies when: Pond work that could affect fish 30 Pa.C.S. § 2502 [13]
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  (a) General rule.--No person shall alter or disturb any stream, stream bed, fish habitat, water or watershed in any manner that might cause damage to, or loss of, fish without the necessary permits. (b) Penalty.--Any person violating the provisions of this section commits a misdemeanor of the third degree.

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• RequirementPFBC's regulation deems a permit 'necessary' under 30 Pa.C.S. § 2502 if the activity would violate statutes or regulations administered by PFBC, DEP, U.S. EPA, the Army Corps of Engineers or local municipalities if done without a permit; its examples include Chapter 105 dam, water obstruction or encroachment permits, the algicide/herbicide/fish-control-chemical permit and the permit to draw off impounded water.

  Applies when: Pond work that could affect fish without all required permits 58 Pa. Code § 51.61(a), (b)(8), (10), (11), (18), (19) [7]
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  (a) A permit shall be deemed necessary under 30 Pa.C.S. § 2502 ... 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. ... (11) Dam, water obstruction or encroachment 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.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

NRCS Pennsylvania design standards for sealing and lining (520 and 521)

As of September 28, 2026, NRCS Pennsylvania's technical guide lists its standard for Pond Sealing or Lining - Compacted Soil Treatment (520) with five 2016 documents, and its standard for Pond Sealing or Lining - Geomembrane or Geosynthetic Clay Liner (521) with four documents, each with a revision date of October 1, 2024. PA 520 covers liners of compacted soil, with or without amendments, where in-place soils have excessive seepage rates and suitable soil is available either for a compacted liner or for treatment with a soil dispersant or bentonite; for a clean water pond the liner must be designed to reduce seepage to a rate that will allow the pond to function as intended. [42][43][44]

Under PA 520, bentonite must be sodium bentonite with a free swell of at least 22 milliliters (ASTM D5890) unless laboratory tests using other bentonite types are used for design. For clean water ponds without laboratory tests or field performance data on similar soils, minimum bentonite rates per 1 inch of lift are 0.375 lb/sq ft for silts (ML, CL-ML), 0.5 lb/sq ft for silty sands (SM, SC-SM, SP-SM) and 0.625 lb/sq ft for clean sand (SP, SW), with lifts no thicker than 6 inches. [44]

The finished PA 520 liner must be at least the greatest of the thickness needed to meet a specific-discharge design value, a thickness required by State regulations, or the Table 1 minimum: 12 inches for a design storage depth of 16 ft or less, 18 inches for 16.1-24 ft and 24 inches for 24.1-30 ft. [44]

The PA 520 practice specification calls for amendments to be applied uniformly in dry form on the soil surface, not when the temperature is below 40°F or expected to drop below 40°F within 24 hours, with mixing, placement and compaction completed within the same workday and curing for at least 72 hours unless otherwise specified; standing water or mud may not be present during placement, and the Engineer must inspect and approve the foundation before bentonite or earth fill is placed. The standard says side slopes should be 3H:1V or flatter for "bathtub" construction, while slopes as steep as 2H:1V can be considered with the "stair-step" method. [44][45]

PA 521 lists minimum clear-water geomembrane thicknesses including 30 mil for HDPE and PVC and 45 mil for EPDM, and lists 0.75 lbs./square foot for a geosynthetic clay liner; PVC liners and geosynthetic clay liners must be covered with at least 12 inches of soil. As a consideration, it says PVC geomembranes are not recommended for aquatic production because stabilizers in PVC liner material leach out and may be harmful to aquatic species. [46]

PA 521 requires the liner to be planned, designed and constructed to comply with all Federal, State, Tribal and local laws, and NRCS's statements of work for both standards include, as deliverables, a list of required permits to be obtained by the client and verification that the client obtained them. PA 520's design and construction data requirements list documenting PA One-Call compliance before digging and an erosion and sediment control plan referring to DEP's E&S Manual, say additional details may be needed if a DEP permit is required, and say the O&M plan should include drawdown restrictions, especially if the liner is covered with soil. [46][47][48][49]

The NRCS Pennsylvania Pond (378) practice specification (October 2023) directs that any use of soil dispersants or bentonite in a pond soil liner conform to Specification 520, and that other liners, such as flexible membranes, be installed under Specification 521. [50]

• DefinitionPA NRCS 520 defines Pond Sealing or Lining - Compacted Soil Treatment as a liner for an impoundment built of compacted soil with or without soil amendments, installed to reduce seepage losses from impoundments constructed for water conservation and environmental protection. It applies where in-place natural soils have excessive seepage rates and either enough suitable soil is available for a compacted liner without amendments, or enough soil suitable for treatment with a soil dispersant or bentonite amendment is available for an amended liner.

  Applies when: Deciding whether the 520 practice fits a leaking or proposed pond NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining - Compacted Soil Treatment (Code 520), 520-CPS (NRCS, PA, September 2016), Definition; Purpose; Conditions Where Practice Applies (p. 520-CPS-1) [44]
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  A liner for an impoundment constructed using compacted soil with or without soil amendments. ... To reduce seepage losses from impoundments constructed for water conservation and environmental protection ... In-place natural soils have excessive seepage rates, and ... An adequate quantity and type of soil suitable for constructing a compacted soil liner without amendments is available, or ... An adequate quantity and type of soil suitable for treatment with a soil dispersant or bentonite amendment is available for an amended soil liner.

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• RequirementBentonite used under PA 520 must be sodium bentonite with a free swell of at least 22 milliliters measured by ASTM D5890, unless laboratory tests using other bentonite types are used for design. Personnel must wear masks and goggles against bentonite dust during handling, application and mixing.

  Applies when: Bentonite-amended soil liners NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining - Compacted Soil Treatment (Code 520), 520-CPS (NRCS, PA, September 2016), Additional Criteria for Bentonite Treatment - Bentonite Material; Safety (p. 520-CPS-3) [44]
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  The bentonite must be a sodium bentonite with a free swell of at least 22 milliliters as measured by ASTM Standard Test Method D5890, unless laboratory tests using other bentonite types are used for design. ... During bentonite handling, application and mixing, personnel on site must wear masks and goggles for protection against bentonite dust.

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• Size cutoffFor clean water ponds, absent laboratory tests or field performance data on similar soils, PA 520 sets minimum bentonite application rates per 1-inch of lift thickness: 0.375 lb/sq ft for silts (ML, CL-ML), 0.5 lb/sq ft for silty sands (SM, SC-SM, SP-SM) and 0.625 lb/sq ft for clean sand (SP, SW), with a maximum 6-inch lift.

  Applies when: Bentonite-amended liner for a clean water pond (no site-specific lab data) NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining - Compacted Soil Treatment (Code 520), 520-CPS (NRCS, PA, September 2016), Additional Criteria for Bentonite Treatment - Application Rate, Table 3 (p. 520-CPS-3) [44]
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  For clean water ponds, in the absence of laboratory tests or field performance data on soils similar to those to be treated, apply the bentonite at a rate equal to or greater to the amount listed in table 3. Install the liner with a maximum of 6-inch-lift thickness. ... Silts (ML, CL-ML) 0.375 ... Silty Sands (SM, SC- SM, SP-SM) 0.5 ... Clean Sand (SP, SW) 0.625

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• Size cutoffMinimum finished compacted liner thickness under PA 520 is the greatest of (a) the thickness needed to achieve a specific-discharge design value, (b) a thickness required by State regulations, or (c) Table 1: 12 inches for a design storage depth of 16 ft or less, 18 inches for 16.1-24 ft, and 24 inches for 24.1-30 ft.

  Applies when: Any 520 compacted soil liner, including bentonite-amended liners NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining - Compacted Soil Treatment (Code 520), 520-CPS (NRCS, PA, September 2016), Criteria - Liner Thickness, Table 1 (p. 520-CPS-2) [44]
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  The minimum thickness of the finished compacted liner must be the greater of— ... The liner thickness required to achieve a specific discharge (unit seepage) design value, or ... A liner thickness required by State regulations, or ... The minimum liner thickness as shown in table 1. ... ≤16 12 ... 16.1–24 18 ... 24.1–30 24

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• RequirementPA 520 Practice Specification (equipment and application): disks must be at least 24 inches in diameter, and rotary mixers must be able to mix lifts at least 9 inches thick while traveling at a minimum of 4 mph and covering a width of at least 6 feet. Amendments may not be applied when the temperature is below 40°F or is expected to drop below 40°F within 24 hours, or during high wind conditions that hinder effective application or cause pollution by drift off site, and must be applied uniformly in dry form on the soil surface at a rate that will attain the specified proportioning.

  Applies when: Applying and mixing bentonite or dispersant on a pond bed NRCS Pennsylvania Practice Specification, Pond Sealing or Lining - Compacted Soil Treatment (Code 520) (NRCS, PA, June 2016), Sections 3 (Equipment) and 6 (Amendment Application) [45]
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  Disks shall be at least 24-inches in diameter and rotary mixers shall be capable of mixing lifts at least nine (9) inches thick traveling at a minimum speed of four (4) mph and covering a minimum width of six (6) feet. ... Amendments shall not be applied when the temperature is below 40°F or is expected to drop below 40°F within 24-hours. Amendments will not be applied during high wind conditions that hinder effective application or causes pollution by drift off site. Amendments shall be uniformly applied in dry form on the soil surface at a rate that will attain the specified proportioning.

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• RequirementPA 520 Practice Specification (compaction and curing): mixing, placement and compaction of the soil-amendment mixture must be completed within the same workday it is started, and the top surface is sealed by rolling with pneumatic-tired equipment or a smooth steel roller. The mixture must be cured at least 72 hours unless otherwise specified in Section 10, with its water content kept at or above standard optimum water content by sprinkling the sealed surface or by covering it with a 6-inch layer of moist soil or another approved cover.

  Applies when: Compaction and curing of a bentonite-amended liner NRCS Pennsylvania Practice Specification, Pond Sealing or Lining - Compacted Soil Treatment (Code 520) (NRCS, PA, June 2016), Sections 8 (Placement and Compaction) and 9 (Curing and Protection) [45]
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  The mixing, placement and compaction of the mixture shall be completed within the same workday it is started. ... The top surface of the completed soil- amendment mixture shall be sealed by rolling with a pneumatic tired equipment or a smooth steel roller. ... The compacted soil-amendment mixture shall be cured a minimum of 72-hours ... The water content of the mixture shall be maintained at or above standard optimum water content during the curing period by sprinkling the sealed surface with water or by covering it with a 6 inch layer of moist soil or another approved cover.

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• RequirementPA 520 Practice Specification (materials and site preparation): rock particles larger than 4 inches in diameter must be removed from the liner soil before treatment; bentonite, where required, must be sodium bentonite with a free swell of at least 22 mL (ASTM D5890) unless otherwise detailed in the drawings or Section 10 of the specification; the foundation is stripped of topsoil and graded to a relatively smooth, uniform surface; in addition to the treated liner, at least 2 feet of compacted fine-grained soil is placed over fractured rock or other highly permeable material; no standing water or mud may be present during placement; and the Engineer must inspect and approve the foundation before bentonite or earth fill is placed.

  Applies when: Construction of a bentonite- or dispersant-amended soil liner to NRCS PA specifications NRCS Pennsylvania Practice Specification, Pond Sealing or Lining - Compacted Soil Treatment (Code 520) (NRCS, PA, June 2016), Sections 2 (Materials) and 4 (Site Preparation) [45]
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  Rock particles larger than 4 inches in diameter shall be removed ... sodium bentonite with a free swell of at least 22 milliliters as measured by ASTM Standard Test Method D5890, unless otherwise detailed in the drawings or Section 10 of this specification. ... stripped of topsoil and graded to a relatively smooth and uniform surface. ... at least 2 feet of compacted fine grained soil shall be placed over fractured rock ... Standing water or mud shall not be present during placement operations. The foundation shall be inspected and approved by the Engineer prior to the placement of bentonite

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• Size cutoffPA 521 Table 1 minimum liner thickness for clear (clean) water ponds: HDPE 30 mil; LLDPE 30 mil; reinforced LLDPE (LLDPE-R) 24 mil; PVC 30 mil; EPDM 45 mil; flexible polypropylene (FPP) 30 mil; reinforced FPP (FPP-R) 36 mil; reinforced slit-film woven polyethylene (PE-R) 36 mil. For a geosynthetic clay liner (GCL), the table lists 0.75 lbs./square foot. Geomembranes must meet NRCS Material Specification 594 and GCLs Material Specification 595 (NEH Part 642, Chapter 3). (1 mil = 1/1000 inch.)

  Applies when: Selecting a geomembrane or GCL for a clean water pond NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner (Code 521), 521-CPS (NRCS, PA, September 2024), Materials, Table 1 and notes (p. 521-CPS-2) [46]
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  Wastewater Clear Water ... HDPE Polyethylene 60 30 ... LLDPE Polyethylene 60 30 ... LLDPE-R Polyethylene 45 24 ... PVC Polyvinyl Chloride 40 30 ... EPDM Diene Terpolymer 45 45 ... FPP Polypropylene 45 30 ... FPP-R Polypropylene 45 3 36 ... PE-R Polyethylene NR 3 36 ... GCL Liner 0.75 lbs./square foot ... “Material Specification 594 – Geomembrane Liner.” GCL materials must meet the criteria in NRCS NEH, Part 642, Chapter 3, “Material Specification 595 – Geosynthetic Clay Liner.”

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• RequirementPA 521 cover soil: PVC liners and GCLs must be covered with at least 12 inches of soil (measured perpendicular to the surface); cover soil is optional on other liners unless essential. Maximum cover particle size is 3/8 inch (geomembranes) and 1/2 inch (GCLs); cover must be placed within 24 hours after placement and anchorage of the liner; the section states side slopes shall be no steeper than 5:1. No drainage layer or venting system may be installed beneath a GCL.

  Applies when: Covering a PVC or GCL pond liner NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner (Code 521), 521-CPS (NRCS, PA, September 2024), Cover soil (p. 521-CPS-4) [46]
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  Cover PVC liners and GCLs with a minimum of 12 inches of soil measured perpendicular to the finished surface. Cover soil may be used on other liners but is not required unless essential ... The maximum allowable particle size of soil cover material is 3/8 inch for geomembrane liners and 1/2 inch for GCLs. ... Place cover soil within 24 hours after placement and anchorage of the liner ... Side slopes shall be no steeper than 5:1. ... Do not install a drainage layer or venting system beneath a GCL

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• As a consideration, PA 521 states that PVC geomembranes are not recommended for aquatic production because stabilizers in PVC liner material leach out and may be harmful to aquatic species, and advises consulting manufacturers before selecting a geomembrane for aquatic production. For GCLs, the standard requires analysis of wastewater, subgrade soil and cover soil so that undesirable cation exchange (calcium and magnesium for sodium) will not occur in the GCL.

  Applies when: Lining a pond that will hold fish; GCL (bentonite) liners NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner (Code 521), 521-CPS (NRCS, PA, September 2024), Liner protection (p. 521-CPS-4); Considerations (p. 521-CPS-5) [46]
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  For GCL liners, analyze the wastewater, subgrade soil, and cover soil to ensure that undesirable cation exchange (calcium and magnesium for sodium) will not occur in the GCL. ... PVC geomembranes are not recommended for aquatic production. The stabilizers in the PVC liner material leach out and may be harmful to aquatic species. Consult with manufacturers before selecting a geomembrane material used for aquatic production.

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• RequirementPA NRCS 521 defines the practice as a liner for a water, wastewater, salt, manure or similar agricultural by-product impoundment built with a geomembrane or geosynthetic clay material, applied (among other purposes) to reduce seepage losses for water conservation, including irrigation and livestock water. Its general criteria require the liner to be planned, designed and constructed to comply with all Federal, State, Tribal and local laws and regulations, designed and installed per manufacturer recommendations, with the installer or manufacturer certifying that the installation meets the plans and specifications.

  Applies when: Geomembrane or GCL pond liners NRCS Pennsylvania Conservation Practice Standard, Pond Sealing or Lining, Geomembrane or Geosynthetic Clay Liner (Code 521), 521-CPS (NRCS, PA, September 2024), Definition; Purpose; General Criteria (p. 521-CPS-1) [46]
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  A liner for a water, wastewater, salt, manure, or similar agricultural by-product impoundment constructed using a geomembrane or a geosynthetic clay material. ... Reduce seepage losses from an impoundment for water conservation, including for irrigation or for providing water for livestock. ... Plan, design, and construct the liner to comply with all Federal, State, Tribal, and local laws and regulations. ... Design and install the liner in accordance with manufacturer recommendations. The installer or manufacturer must certify that the liner installation meets

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• ProcessPA 520 Statement of Work: NRCS design deliverables include a list of required permits to be obtained by the client and plans/specifications adequate to install the practice and obtain necessary permits, plus certification that the design complies with applicable laws and regulations. Installation deliverables include verification that the client has obtained required permits, advising the client/NRCS on compliance with all federal, state, tribal and local laws during installation, and certification that installation meets design and permit requirements.

  Applies when: NRCS-assisted pond sealing projects NRCS Pennsylvania Statement of Work, Pond Sealing or Lining - Compacted Soil Treatment (520) (June 2016), Design deliverables 1.b, 2, 5; Installation deliverables 2, 6, 7 [47]
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  List of required permits to be obtained by the client ... obtain necessary permits. ... Certification that the design meets practice standard criteria and comply with applicable laws and regulations ... Verification that client has obtained required permits ... Advise client/NRCS on compliance issues with all federal, state, tribal, and local laws, regulations and NRCS policies during installation ... Certification that the installation process and materials meets design and permit requirements

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• ProcessThe PA 520 Design and Construction Data Requirements list items that must be addressed in the design folder. They state that a bentonite soil liner design requires approval by a person with the appropriate Engineering job approval authority, and that if a DEP permit is required, additional details may be needed. The listed design items include documenting PA One-Call compliance before digging and an erosion and sediment control plan that refers to DEP's Erosion and Sediment Pollution Control Program Manual. The quality assurance plan must include, as applicable, an onsite visit before construction of the bentonite-treated soil liner to check the subgrade condition, and the O&M plan should include drawdown restrictions, especially if the liner is covered with soil.

  Applies when: Design review of a bentonite liner with NRCS assistance NRCS Pennsylvania, PA520 Pond Sealing or Lining - Compacted Soil Treatment, Design and Construction Data Requirements (Technical Guide Section IV, September 2016), pp. PA520-i to -iii [49]
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  A bentonite soil liner design requires approval by ... a person with the appropriate Engineering job ... Document compliance with PA One-Call ... If a DEP ... permit is required, additional details may be ... Refer to DEP Erosion and Sediment Pollution ... onsite visits PRIOR to ... Construction of the bentonite treated soil ... liner to check the subgrade condition ... Drawdown restrictions, especially if

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• RequirementThe PA NRCS Pond (378) Practice Specification (October 2023) directs that any use of soil dispersants or bentonite in a pond soil liner conform to Specification 520, and that other liners (e.g., flexible membranes) be installed per Specification 521.

  Applies when: NRCS-designed ponds in Pennsylvania NRCS Pennsylvania Practice Specification, Pond (Code 378) (October 2023), "Soil Liners" and "Other Liners" [50]
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  The use of soil dispersants or bentonite shall conform to Specification 520. ... Other liners, e.g., flexible membrane, shall be installed in accordance with Specification 521.

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