Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 105 - DAM SAFETY AND WATERWAY MANAGEMENT › Subchapter B - DAMS AND RESERVOIRS › OPERATION, MAINTENANCE AND EMERGENCIES › Section 105.131 - Operation maintenance and monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements of
						  §§
													105.51-105.54 (relating to operation,
						  maintenance and inspection), the permittee or owner of a dam shall follow the
						  operation and maintenance manual for the dam, and the emergency action plan if
						  required under §
													105.134 (relating to EAP), as
						  approved by the Department and shall implement a monitoring plan as required
						  under §
													105.81(a)(4) 
						  (relating to permit applications for construction and modification of dams and
						  reservoirs).
(b) 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 by permit, Letter of Amendment, or Letter of
						  Authorization. The permit will be issued in accordance with §
													105.82 (relating to permit
						  applications for operation and maintenance of existing dams and reservoirs).
						  The Letter of Amendment or Letter of Authorization will be issued only after
						  review and approval of necessary engineering calculations, construction plans
						  and construction specifications. If the project impacts wetlands or exceptional
						  value waters, or if the project requires 401 water quality certification, an
						  environmental assessment shall also be submitted to the Department for review
						  and approval under §
													105.15 (relating to environmental
						  assessment). Modifications of a dam are subject to the construction
						  requirements and procedures under Subchapters A and B (relating to general
						  provisions; and dams and reservoirs), unless specifically waived by the
						  Department.
(c) 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).
The provisions of this §
															105.131 amended under the Dam
								Safety and Encroachments Act (32 P. S. §§
																693.1-693.27); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); section 7
								of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
																597); sections 514, 1901-A, 1908-A, 1917-A
								and 1920-A of The Administrative Code of 1929 (71 P. S. §§
																194,
								510-1,
								510-8,
								510-17 and
								510-20); and the Flood Plain
								Management Act (32 P. S. §§
																679.101-679.601).
This section cited in 25 Pa. Code §
															105.81 (relating to permit
								applications for construction and modification of dams and reservoirs); and 25
								Pa. Code §
															105.82 (relating to permit
								applications for operation and maintenance of existing dams and
								reservoirs).