reglab/statecodes huggingface dataset:
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 A - GENERAL PROVISIONS › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.39 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 A - GENERAL PROVISIONS › SUBMERGED LANDS OF THE COMMONWEALTH-LICENSES AND ANNUAL CHARGES › Section 105.40 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.41 - Notices and reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
						  work authorized under §§
													105.12(a),
						  105.64 and Subchapter L (relating
						  to waiver of permit requirements; emergency permits; and general permits), the
						  permittee shall meet the following:
(1) For
						  permits or approvals issued for water obstructions or encroachments,
						  requirements to provide notice of commencement of work and status reports, if
						  any, shall be identified in conditions of the permit or by order of the
						  Department.
(2) For permits or
						  approvals issued for dams, the permittee or owner shall schedule a
						  preconstruction meeting between the permittee or owner, the Department, the
						  contractor and the engineer responsible for construction supervision. The
						  preconstruction meeting must be conducted at least 15 days but not more than 30
						  days prior to the commencement of construction unless a different time is
						  established by the Department. Thereafter, a detailed report on the status of
						  construction must be submitted monthly to the Department of Environmental
						  Protection, Division of Dam Safety, until construction has been
						  completed.
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.42 - Terms and conditions of Department permits and approvals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The permittee
						  shall fully inform the engineer or contractor responsible for the supervision
						  and conduct of work of the terms, conditions, restrictions and covenants
						  covered by a permit, Letter of Amendment, Letter of Authorization, or other
						  Department approval issued under this chapter.
(b) Prior to the commencement of
						  construction, the permittee shall file an acknowledgment form provided by the
						  Department, signed by the permittee and other project personnel, as specified
						  on the form, acknowledging the terms, conditions, restrictions and covenants in
						  the permit and, required by the Department, for a Letter of Amendment or Letter
						  of Authorization. Unless the acknowledgment form has been completed and filed,
						  the permit or other Department approval is void.
(c) A copy of the permit or other Department
						  approval and the acknowledgment form must be available at the work site for
						  inspection upon request by an officer or agent of the Department or another
						  Federal, State, county or municipal agency.
The provisions of this §
															105.42 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 §
															105.445 (relating to waiver of
								certain requirements).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.43 - Time limits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will set time limits for the commencement and completion of work
						  under a permit and may set time limits for the commencement and completion of
						  work under a Letter of Amendment or Letter of Authorization issued under this
						  chapter that it deems reasonable and appropriate to carry out the purposes of
						  this chapter.
(b) For water
						  obstruction and encroachments, if the construction is not completed on or
						  before the dates established in the permit, unless extended by the Department
						  in writing, the permit shall become void without further notification by the
						  Department.
(c) For dams, unless
						  otherwise stated, if work authorized by the dam permit or other Department
						  approval has not commenced on or before December 31 of the 5th year following
						  permit issuance or other Department approval, the permittee or owner shall
						  notify the Department 6 months prior to the anticipated commencement of work so
						  that the project design can be reassessed and reauthorized in writing. During
						  the design reassessment, the permittee or owner may be required to make
						  revisions due to changes in site conditions, dam classification, new technology
						  or revisions to this chapter. At any time if the permittee or owner does not
						  intend to perform the work, the Department shall be notified in writing and the
						  Dam Permit or Department approval will become void without further notification
						  by the Department.
The provisions of this §
															105.43 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.44 - Implementation of work according to specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Work undertaken under a permit or other
						  Department approval issued under this chapter must be conducted in accordance
						  with the maps, plans, profiles and specifications as approved by the
						  Department.
(b) Changes in the
						  maps, plans, profiles and specifications for work covered by a permit or other
						  Department approval which would affect the waterway area or structural
						  stability of the project may not be made except with the written approval of
						  the Department. Upon written approval by the Department, the changes shall
						  become part of the permit.
(c) The
						  Department will have the right during the progress of work to require changes
						  or modifications in the maps, plans, profiles and specifications for work
						  covered under a permit or other Department approval it may determine are
						  necessary and proper to protect public health, public safety and the
						  environment.
The provisions of this §
															105.44 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.45 - Inspections by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
Work, structures and land covered under a permit or
							 other Department approval issued under this chapter shall at all times be
							 subject to inspection by representatives of the Department, and the permittee
							 or owner shall allow representatives of the Department to enter a property,
							 premises or place associated with the permitted or approved project for the
							 purposes of the inspection.
The provisions of this §
															105.45 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.46 - Implementation of erosion and sedimentation control plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) During the construction of a dam, water
						  obstruction or encroachment, the permittee shall follow the erosion and
						  sediment control plan prepared in accordance with Chapter 102 (relating to
						  erosion and sediment control) and submitted as part of the
						  application.
(b) Construction must
						  be done in a manner to minimize erosion of banks and bed of the stream and
						  disturbance of the regimen of the stream.
The provisions of this §
															105.46 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.46a - Collection and disposal of waste materials

Current through Register Vol. 54, No. 28, July 13, 2024
Waste materials, scrap or excess construction
							 materials shall be collected, stored and disposed of in accordance with the
							 Solid Waste Management Act (35 P. S. §§
														6018.101-6018.1003), the Municipal Waste
							 Planning, Recycling and Waste Reduction Act (53 P. S. §§
														4000.101-4000.1904), The Clean Streams Law
							 (35
							 P. S. §§
														691.1-691.1001) and
							 related rules and regulations.
The provisions of this §
															105.46a issued 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).
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 A - GENERAL PROVISIONS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.47 - Removal of dams and removal or abandonment of water obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						  construction work has not been completed within the time specified in the
						  permit or other Department approval and the time limit specified in the permit
						  has not been extended in writing by the Department or if a permit has been
						  revoked for any reason, the permittee or owner shall, at his own expense and in
						  a manner that the Department may prescribe, remove all or any portion of the
						  work as the Department requires and restore the regulated waters of this
						  Commonwealth to their former condition.
(b) Prior to discontinuing use or
						  abandonment, the permittee or owner of a water obstruction or encroachment
						  covered by this chapter, shall remove all or part of the facility and take
						  other actions as necessary to protect safety and the environment in accordance
						  with a permit or other approval issued by the Department.
(c) The owner of a dam covered by this
						  chapter, shall remove all or part of the facility and take other actions as
						  necessary to protect safety and the environment in accordance with a permit or
						  other approval issued by the Department.
The provisions of this §
															105.47 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › OPERATION, MAINTENANCE AND INSPECTION › Section 105.51 - Operation and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee or owner of a dam, water obstruction or
							 encroachment shall operate and maintain the facility and appurtenant structures
							 in a safe condition in accordance with permit terms and conditions, the
							 provisions of this chapter, and Operation and Maintenance Manual as required by
							 the Department so that the facility cannot imperil life, health, safety or
							 property located above or below the facility.
The provisions of this §
															105.51 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S.
								693.5).
This section cited in 25 Pa. Code §
															105.131 (relating to operation and
								monitoring plans).
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 A - GENERAL PROVISIONS › OPERATION, MAINTENANCE AND INSPECTION › Section 105.52 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															105.52 reserved under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.131 (relating to operation and
								monitoring plans).
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 A - GENERAL PROVISIONS › OPERATION, MAINTENANCE AND INSPECTION › Section 105.53 - Inspections by permittees or owners and inspection reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The permittee or owner of a dam, water
						  obstruction or encroachment shall inspect the facility and appurtenant works
						  according to the following schedule:
(1) Dams,
						  reservoirs and their appurtenant works shall be inspected at least once every 3
						  months.
(2) For Hazard Potential
						  Category 1 dams and Category 2 dams as classified in §
														105.91 (relating to classification
						  of dams and reservoirs), annual reports regarding the condition of the dam,
						  affixed with the seal of a registered professional engineer and certification,
						  which reads "This is to certify that the above dam has been inspected and the
						  following are the results of the inspection.", shall be submitted to the
						  Department on or before December 31 of each year. More frequent reports of dam
						  conditions may be required by the Department if, in its discretion, conditions
						  indicate the reports are necessary to assure adequate protection of health,
						  safety and property.
(3) For local
						  flood protection projects, annual reports regarding the condition of the flood
						  protection facility shall be submitted to the Department on or before December
						  31 of each year.
(4) The permittee
						  or owner of a water obstruction or encroachment shall conduct periodic
						  inspections to ensure the safe operation, monitoring and maintenance of the
						  facility in accordance with this title, terms and conditions of the permit and
						  approved operating or monitoring plans.
(5) The permittee or owner shall retain
						  records of the inspections, including records of actions taken to correct
						  conditions found in the inspections. Copies of the records shall be provided to
						  the Department on request.
(6) The
						  Department may, through terms and conditions of the permit or by request at any
						  time, require the permittee or owner to submit certified reports regarding the
						  condition of the facility to the Department.
(7) For water obstructions and encroachments,
						  in lieu of inspections conducted by the permittee or owner and certified
						  reports submitted by the permittee or owner, the Department may accept reports
						  of equivalent inspections conducted and prepared by governmental agencies. In
						  addition, the Department may accept equivalent inspection reports certified by
						  the permittee or owner and submitted to other governmental
						  agencies.
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 A - GENERAL PROVISIONS › OPERATION, MAINTENANCE AND INSPECTION › Section 105.54 - Monitoring systems

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee or owner of a dam, water obstruction or
							 encroachment shall set up and implement monitoring systems that are required by
							 the Department in the terms and conditions of the permit.
This section cited in 25 Pa. Code §
															105.131 (relating to operation and
								monitoring plans).
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 A - GENERAL PROVISIONS › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS- EMERGENCY PROCEDURES › Section 105.61 - Procedures for investigations

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may, if it finds there is reasonable
							 cause to suspect the existence of conditions adversely affecting the safety of
							 a dam, water obstruction or encroachment, order the owner to conduct
							 investigations, studies, tests and analyses that may be required to properly
							 evaluate the safety of the structure. The investigations, studies, tests and
							 analyses shall be accomplished under the supervision of a registered
							 professional engineer, experienced in the design, construction, operation and
							 maintenance of the facilities and approved by the Department, and shall be
							 accomplished in accordance with methods the Department may prescribe. Failure
							 to conduct the ordered investigations, studies, tests and analyses and provide
							 the investigation results of the activities to the Department on request will
							 constitute adequate grounds for revocation or suspension of a permit.
The provisions of this §
															105.61 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 A - GENERAL PROVISIONS › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS- EMERGENCY PROCEDURES › Section 105.62 - Correction of unsafe conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Department determines that a dam,
						  water obstruction or encroachment is unsafe or adversely affects property or
						  the environment or has not been properly constructed, operated, monitored or
						  maintained in compliance with legal requirements, it may require the owner of
						  the facility to repair, alter, maintain or remove the facility or take other
						  actions necessary to carry out the purposes of this chapter within the time
						  prescribed by the Department.
(b)
						  The Department or its authorized agents may enter and conduct investigations,
						  tests and analyses and take corrective action required to carry out the
						  purposes of this chapter if one or more of the following conditions exist:
(1) The owner cannot be ascertained or
						  found.
(2) The owner refuses or
						  fails to comply with an order issued by the Department under section 14 of the
						  act (32 P. S. §
															693.14) or
						  this section.
(3) The condition of
						  the facility is so dangerous as to require immediate remedial
						  action.
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 A - GENERAL PROVISIONS › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS- EMERGENCY PROCEDURES › Section 105.63 - Emergency procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  permittee or owner of a dam, water obstruction or encroachment shall
						  immediately notify the Department and responsible authorities in adjacent and
						  downstream communities, including emergency management authorities, of a
						  condition which may threaten the safety of the facility and take necessary
						  actions to protect life and property, including action required under an
						  emergency plan or Department order issued under the act.
(b) The permittee or owner of a dam or
						  reservoir shall immediately notify the Department and responsible emergency
						  management authorities in adjacent and downstream communities of conditions
						  which may indicate a potential dam hazard emergency in accordance with §
													105.135 (relating to dam hazard
						  emergencies) including one or more of the following conditions:
(1) The lake or pond level is at or near the
						  top of the dam and water is flowing, or about to flow, over the top of the
						  dam.
(2) The overflow pipe or
						  spillway is damaged, or clogged with debris or ice, which is resulting in a
						  rapid rise in the lake or pond level.
(3) The primary or emergency spillway is
						  experiencing heavy flows which are causing severe erosion to the spillway or
						  the dam embankment.
(4) Any
						  structural movement or failure of the concrete (masonry) spillway or the
						  spillway abutment walls.
(5) Any
						  sloughing or sliding of the dam embankment's upstream or downstream slope.
						  Also, earth slides in the spillway channel, either upstream or downstream of
						  the dam's crest, which could impede the flow in the spillway.
(6) Subsidence, sinkholes or cracks found in
						  any part of the dam embankment or abutting slopes.
(7) Any new discharge of water is observed
						  through the dam embankment or abutting slopes, adjacent to any conduit outlets,
						  or under the dam, which appears as a boil along the downstream toe. If a
						  discharge occurs and the water is cloudy or muddy in color, then a very serious
						  problem exists.
(8) Other
						  conditions, which the owner's engineer knows are a concern for the dam's
						  safety.
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 A - GENERAL PROVISIONS › INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS- EMERGENCY PROCEDURES › Section 105.64 - Emergency permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may issue emergency permits if it
							 finds that immediate remedial action is necessary to alleviate an imminent
							 threat to life, property or the environment.
(1) The emergency permit will be provided in
						  writing, on a form developed for this purpose.
(2) The emergency permit will contain
						  conditions as the Department determines appropriate.
(3) The Department may institute proceedings,
						  legal or administrative, that it deems appropriate for violations of the
						  emergency permit or conditions of the emergency permit.
(4) The emergency permit will expire 60 days
						  after the effective date of the permit unless extended in writing by the
						  Department.
(5) The permittee shall
						  notify the affected municipality of the issuance of an emergency permit as soon
						  as possible and provide a follow-up notice in writing to the affected
						  municipality within 48 hours from the issuance of the emergency
						  permit.
The provisions of this §
															105.64 issued 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 §
															78a.68a (relating to horizontal
								directional drilling for oil and gas pipelines); 25 Pa. Code §
															105.21a (relating to public
								notice); and 25 Pa. Code §
															105.41 (relating to notices and
								reports).
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 › GENERAL PROVISIONS › Section 105.71 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
													105.3 and
							 105.12 (relating to scope; and
							 waiver of permit requirements), this subchapter governs the construction,
							 operation, maintenance and modification of a dam or reservoir regulated under
							 the act.
The provisions of this §
															105.71 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S.
								693.5).
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 › GENERAL PROVISIONS › Section 105.72 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.73 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.74 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.75 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.76 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.77 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.78 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › GENERAL PROVISIONS › Section 105.79 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.81 - Permit applications for construction and modification of dams and reservoirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  addition to the information required under §§
													105.13,
						  105.13a,
						  105.13b and
						  105.15, permit applications under
						  this subchapter for the construction or modification of dams and reservoirs
						  must provide the following information:
(1)
						  Reports and data detailing the conduct and results of investigations and tests
						  necessary to determine the safety, adequacy and suitability of design,
						  including:
(i) Data concerning subsoil and
						  rock foundation conditions.
(ii)
						  Data concerning exploratory pits, drilling, coring and tests to determine
						  seepage rates.
(iii) Data
						  concerning the strength tests necessary to measure the physical properties and
						  behavior of foundations and embankment materials at the dam or reservoir
						  site.
(iv) Data concerning the
						  geology of the dam site or reservoir area, indicating possible hazards such as
						  faults, weak seams and joints.
(v)
						  Data concerning availability and quality of construction materials.
(vi) A "Dam Stability Report" as required
						  under §
															105.97 (relating to stability of
						  structures).
(vii) Other
						  information as may be necessary to determine the safety, adequacy and
						  suitability of the design, including the design calculations for the dam, which
						  shall be made available to the Department on request.
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.82 - Permit applications for operation and maintenance of existing dams and reservoirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  addition to information required under §§
													105.13,
						  105.13b and
						  105.15 (relating to permit
						  applications-information and fees; proof of financial responsibility; and
						  environmental assessment), a permit application for the operation and
						  maintenance of existing dams and reservoirs must provide the following
						  information:
(1) Site plan and cross sectional
						  views required under § 105.13 (d)(1)(i).
(2) "As built" construction plans,
						  specifications and design reports not already on file with the Department,
						  which show the type, size, height and other pertinent dimensions and features
						  of the existing dam and reservoir and appurtenant works.
(3) For projects involving storage of fluids
						  or semifluids other than water, information concerning the chemical and
						  physical characteristics of the fluid or semifluid impounded.
(4) A description of facilities and plans for
						  monitoring the performance of the dam.
(5) A hydrologic and hydraulic analysis,
						  submitted as a separate report, which includes:
(i) The size, shape and characteristics of
						  the drainage basin.
(ii) Current
						  precipitation data and precipitation distribution information as required by
						  the Department.
(iii) Streamflow
						  records.
(iv) Flood flow records
						  and estimates.
(v) An incremental
						  dam breach analysis, storage capacity and reservoir surface area for normal
						  pool and maximum storage elevations.
(vi) Other relative hydrologic and hydraulic
						  information that may be available.
(6) Information available regarding the
						  foundation, embankment stability, specifications and construction of the
						  dam.
(7) A manual which includes
						  plans for the operation and maintenance of the dam in accordance with §
														105.131 (relating to operation,
						  maintenance and monitoring).
(8)
						  The EAP for the dam or reservoir, if completed, or work plan to prepare and
						  submit an EAP in accordance with § 105.134 (relating to EAP).
(9) Proof of title or flowage easements for
						  land areas below the top of the dam elevation that is subject to
						  inundation.
(10) Reports of the
						  most recent inspections of the dam conducted by the owner or by the State or
						  Federal government agencies.
(11)
						  Other information as the Department may require.
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.83 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.84 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.85 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.86 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.87 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.88 - Dam permit issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						  the Department's review and approval of the dam permit application for the
						  construction or modification of a dam in accordance with §
													105.81 (relating to permit
						  applications for construction and modification of dams and reservoirs), the
						  Department will issue a dam construction permit.
(b) For newly constructed or modified dams
						  permitted under subsection (a), the Department will issue a dam operation and
						  maintenance permit after the following conditions have been met:
(1) Meeting the requirements of §§
														105.107-105.109 (relating to final
						  inspection; completion certification and project costs; and as-built plans) by
						  the owner or permittee.
(2)
						  Acceptance of construction or modification by the
						  Department.
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 › PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS › Section 105.89 - Letters of Amendment and Letters of Authorization for modification of dams and reservoirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Projects which do not modify top of dam elevation, normal pool elevation, or
						  normal operation of the pool level may be authorized by Letter of Amendment
						  when the dam has an existing permit or by Letter of Authorization when the dam
						  meets §
													105.12(b)
						  (relating to waiver of permit requirements). The permittee or owner shall
						  provide the following information:
(1) Reports
						  and data detailing the conduct and results of investigations and tests
						  necessary to determine the safety, adequacy and suitability of design,
						  including:
(i) Data concerning subsoil and
						  rock foundation conditions.
(ii)
						  Data concerning exploratory pits, drilling, coring and tests to determine
						  seepage rates.
(iii) Data
						  concerning the strength tests necessary to measure the physical properties and
						  behavior of foundations and embankment materials at the dam or reservoir
						  site.
(iv) Data concerning the
						  geology of the dam site or reservoir area, indicating possible hazards such as
						  faults, weak seams and joints.
(v)
						  Data concerning availability and quality of construction materials.
(vi) A "Dam Stability Report" as required
						  under §
															105.97 (relating to stability of
						  structures).
(vii) Other
						  information as may be necessary to determine the safety, adequacy and
						  suitability of the design, including the design calculations for the dam, which
						  shall be made available to the Department on request.
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 › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.91 - Classification of dams and reservoirs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dam or reservoir shall be classified in
						  accordance with Size Category and the Hazard Potential Category which might
						  occur in the event of an operational or structural failure. In approving a
						  classification, the Department will consider, without limitation:
(1) The height of the dam and storage
						  capacity of the reservoir.
(2) The
						  physical characteristics and extent of actual and projected development of the
						  dam site and downstream areas.
(3)
						  The relationship of the site to existing or projected industrial, commercial
						  and residential areas and other land uses downstream which may be affected by a
						  dam failure.
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 › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.92 - Foundations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The foundation
						  of a dam or reservoir must be stable under all probable conditions.
(b) In analyzing the stability of the
						  foundation of a proposed or existing dam or reservoir, the applicant shall
						  consider the following factors:
(1) The
						  seismic forces and liquefaction potential at the site.
(2) The shear strength of the
						  foundation.
(3) Settlement,
						  subsidence, and carbonate karst solution features, such as sinkholes and
						  solution channels.
(4) Seepage
						  potential through the soil and rock components of the foundation.
(5) The dispersive characteristics of the
						  soil foundation and borrow areas.
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 › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.93 - Design stress

Current through Register Vol. 54, No. 28, July 13, 2024
In the construction of dams and reservoirs, allowable
							 stresses must conform to the current standards accepted by the engineering
							 profession.
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 › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.94 - Spillways

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every dam must
						  be provided with a spillway system which is capable of safely conveying the
						  design flood, as provided in §
													105.98 (relating to design flood
						  criteria), of the dam without endangering the safety or integrity of the dam.
						  The Department may require submission of models utilizing current acceptable
						  methodologies to demonstrate this capability without excessive erosion and
						  failure of the spillway system.
(b)
						  Each spillway must include a satisfactory means of dissipating the energy flow
						  at its outlet to assure conveyance of flow without endangering the safety and
						  integrity of the dam or the natural environment of the stream.
(c) Each spillway floor slab must be provided
						  with adequate drainage, anchors, or drainage and anchors to be stable against
						  uplift.
The provisions of this §
															105.94 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.95 - Freeboard

Current through Register Vol. 54, No. 28, July 13, 2024
Sufficient freeboard may be required to prevent
							 overtopping of the dam and to allow for wave and ice action.
The provisions of this §
															105.95 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).