The companies, according to DEP, have refused several requests to comply with Pennsylvania’s Dam Safety and Encroachment Act (Act 325 of 1978) which requires them to formulate emergency action plans (EAP) for any dam that could threaten people or property below the facility in the event of a failure.

The dam owners, which together operate 23 dams, now face fines of up to US$10,000 with US$500 added for each day they refuse to comply. The dam safety enforcement orders could ultimately lead to the draining and breaching of the dams concerned with the owners footing the bill.

Pennsylvania’s regulations set specific construction and maintenance standards, and mandate regular inspections by certified engineers. EAPs define responses to threats like heavy rainfall and structural problems, and must be approved by the DEP as well as being made available for public review.