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 B - DAMS AND RESERVOIRS › CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE › Section 105.96 - Outlet works

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams must
						  include a device to allow the complete draining of the reservoir unless the
						  Department determines that an outlet works is not feasible for a specific dam.
						  At minimum, the device must be sized to pass a minimum of 70% of the highest
						  mean monthly inflow at the site plus the capacity to drain the top 2 feet of
						  reservoir storage below normal pool in 24 hours. The highest mean monthly flow
						  shall be determined from statistics of an appropriate stream gage, as approved
						  by the Department, transferred to the dam site by the ratio of the drainage
						  areas. The Department may require an increased size to provide for the
						  integrity of the dam and to protect life and property with an adequate margin
						  of safety.
(b) In determining the
						  reasonable time period for drainage of the reservoir, the dam owner, the dam
						  owner's engineer, and the Department may consider, without limitation, the
						  following factors:
(1) The damage potential
						  posed by possible failure of the dam.
(2) The risk and nature of potential failure
						  and the time likely to be available to avert the failure after notice of
						  conditions threatening the safety or stability of the dam.
(3) The purpose of the dam and
						  reservoir.
(4) The capacity and
						  stability of available drainage courses to convey the waters released from the
						  reservoir in the event of emergency drainage.
(5) The influence of rapid drawdown on the
						  stability of the dam, its appurtenant works and the upstream natural slopes of
						  the reservoir.
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 105.97 - Stability of structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams
						  must be structurally sound and be constructed of sound and durable materials.
						  The structure must be stable during and at the completion of
						  construction.
(b) As part of the
						  permit application for the construction or modification of a dam, the design
						  engineer shall submit to the Department, under professional seal and
						  certification, a report entitled "Dam Stability Report" which clearly
						  demonstrates to the Department that the requirements of subsection (a) have
						  been satisfied. At a minimum, this report must address the following
						  considerations:
(1) The physical properties of
						  the materials available for construction.
(2) A stability analysis based on the
						  properties of the structure's materials and on the seismic forces and seepage
						  conditions affecting the structure.
(3) The methods of construction.
(4) The conditions of operation of the dam
						  and reservoir.
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 105.98 - Design flood criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The discharge capacity or storage capacity, or both,
							 must be capable of safely accommodating the recommended design flood for the
							 dam as classified under §
													105.91 (relating to classification
							 of dams and reservoirs). The design flood must be determined by an incremental
							 dam breach analysis. The minimum required design storm duration is 24 hours.
							 When considered appropriate by the Department, engineering judgment may be used
							 to determine the design flood within the design flood range indicated below for
							 dams of Hazard Potential Category 3 or 4. The classification or damage, or
							 both, resulting from dam failure will determine the design flood within the
							 design flood range.
Classification
Design Flood Range
A-3, B-3
1/2 PMF to PMF
A-4, B-4, C-3
100 year to 1/2 PMF
C-4
50 year to 100 year frequency
The provisions of this §
															105.98 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.94 (relating to
								spillways).
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 105.99 - Dams in subdivision developments

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a dam or reservoir is proposed to be
							 constructed in or as a part of an existing or proposed subdivision development,
							 the Department will include in the permit the conditions as are necessary to
							 prevent construction of structures on lands which may be subject to flooding
							 caused by the maximum pool of the dam and to require the permittee to
							 adequately inform potential buyers or lessees of the restrictions.
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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.101 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															105.101 reserved under section 5
								of the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 B - DAMS AND RESERVOIRS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.102 - Personnel and supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  permittee or owner shall file with the Department, at least 15 days prior to
						  the commencement of construction, a statement setting forth the name and
						  employer, including contact information, of the following:
(1) The professional engineer responsible for
						  oversight and supervision of construction.
(2) Representatives of the professional
						  engineer.
(3) Contractors
						  conducting the work authorized by the permit, Letter of Amendment or Letter of
						  Authorization as required 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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.103 - Weather and ground conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No earth or other embankment material may
						  be covered, placed, compacted, or graded when in a frozen condition.
(b) Masonry and concrete may not be placed in
						  freezing weather except under conditions approved by the Department.
The provisions of this §
															105.103 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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.104 - Removal and disposal of vegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Work shall be conducted in a manner to
						  minimize the destruction of or damage to trees and other vegetation on and
						  adjacent to the construction site.
(b) Vegetation cleared and removed from the
						  site shall be disposed of in accordance with applicable laws and regulations.
The provisions of this §
															105.104 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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.105 - 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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.106 - Activities and facilities on the construction site

Current through Register Vol. 54, No. 28, July 13, 2024
Activities and facilities on the construction site
							 must be conducted and operated in a manner to avoid pollution of the air and
							 waters of this Commonwealth and in accordance with applicable laws and the
							 provisions of this title.
The provisions of this §
															105.106 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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.107 - Final inspection

Current through Register Vol. 54, No. 28, July 13, 2024
Within 10 days after the completion of work on a dam
							 authorized by the Department, the permittee or owner shall schedule a final
							 project inspection with the Department. The final inspection must include the
							 permittee or owner, the permittee or owner's supervising engineer, and the
							 Department's field representative. Upon conclusion of this final inspection,
							 the Department's field representative will present the permittee or owner with
							 a list of any deficient items, if necessary. A follow-up final inspection may
							 be required by the Department. At the discretion of the Department, the final
							 inspection may be waived for projects authorized by Letter of Amendment or
							 Letter of Authorization.
The provisions of this §
															105.107 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.88 (relating to dam permit
								issuance); and 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 B - DAMS AND RESERVOIRS › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.108 - Completion, certification and project costs

Current through Register Vol. 54, No. 28, July 13, 2024
Within 30 days after the final inspection or within
							 30 days of completion of the work if the final inspection is waived by the
							 Department, the permittee or owner shall file with the Department a completion
							 certification provided by the Department stating that work has been performed
							 in accordance with the terms and conditions of the permit or other Department
							 authorization; the approved maps, plans, profiles and specifications; and
							 applicable laws and the provisions of this title. The completion certification
							 must contain the following:
(1)
						  Original signature of the permittee or owner.
(2) Seal and original signature of the
						  supervising engineer.
(3) Design
						  cost.
(4) Construction
						  cost.
(5) Construction inspection
						  cost.
(6) Estimated percentage of
						  the total cost for each major feature of the project.
The provisions of this §
															105.108 issued under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.13 (relating to regulated
								activities-information and fees); 25 Pa. Code §
															105.88 (relating to dam permit
								issuance); and 25 Pa. Code §
															105.111 (relating to commencement
								of storage of water, fluid or
								semifluid).
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 › CONSTRUCTION REQUIREMENTS AND PROCEDURES › Section 105.109 - As-built plans

Current through Register Vol. 54, No. 28, July 13, 2024
Within 90 days after the final inspection or
							 completion of the work, if the final inspection is waived by the Department,
							 the permittee or owner shall file with the Department "as built" plans for the
							 project, indicating revisions from the original plans and specifications.
The provisions of this §
															105.109 issued under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.88 (relating to dam permit
								issuance).
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 › STORAGE AND DISCHARGE › Section 105.111 - Commencement of storage of water, fluid or semifluid

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The permittee shall notify the
						  Department, in writing, at least 7 days in advance of the date proposed for the
						  commencement of storage of water, fluid or semifluid in the reservoir created
						  by the dam for which the permit is issued.
(b) The Department may require that a
						  reservoir filling plan be developed and approved by the Department prior to
						  commencement of storage of water, fluid or semifluid. This plan will provide
						  the acceptable rate of rise of the reservoir and, if necessary, elevations and
						  durations for constant reservoir levels within the filling period. This plan
						  may also require lowering of the reservoir level if the prescribed rate of rise
						  is not controlled or attained. The plan may also require monitoring of
						  instrumentation of the dam.
(c) The
						  Department may require that a representative of the Department be at the site
						  before or during the filling of the reservoir.
(d) The initial storage in the reservoir of
						  new dams and refilling of reservoirs of rehabilitated dams may not commence
						  prior to the submission of the information required in §
													105.108 (relating to completion
						  certification and project costs) and the acceptance of the certification, in
						  writing, from the Department.
The provisions of this §
															105.111 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
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 B - DAMS AND RESERVOIRS › STORAGE AND DISCHARGE › Section 105.112 - Stream flow during construction, filling and repair

Current through Register Vol. 54, No. 28, July 13, 2024
During the period of construction, modification,
							 enlargement or repair and during the period that the reservoir is being filled,
							 the permittee shall allow a sufficient flow of water, as determined by the
							 Department, into the stream below the dam to support fish and other aquatic
							 life and to preserve the water quality in the stream.
The provisions of this §
															105.112 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 › STORAGE AND DISCHARGE › Section 105.113 - Releases

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will impose general and special conditions regarding release rates in a permit
						  for a dam or reservoir that it deems necessary to maintain stream flows for the
						  purposes of protection of public health, water quality control, conservation of
						  fisheries and aquatic habitat, improvement of recreation and protection of
						  instream and downstream water uses. The appropriate release rates for the dams
						  and reservoirs will be established in accordance with subsections (b) and
						  (c).
(b) For dams or reservoirs
						  constructed after August 28, 1978:
(1) The
						  minimum release rate unless modified in accordance with paragraph (2) shall be
						  the average consecutive 7 day flow having a recurrence interval of once in 10
						  years (Q 7-10) plus an additional release rate determined by the following
						  formula:
Release rate (csm)
=
Q7-10 +
									 PDF(.25 csm-Q7-10 csm)
where PDF
=
the percentage
									 factor based on the storage capacity of the reservoir measured as percent of
									 average annual runoff retained in the reservoir. This factor is explained in
									 Planning Principles, State Water Plan SWP-1 (March, 1975).
.25 csm
=
.25 cubic feet per
									 second of flow per square mile of watershed.
Q7-10csm
=
The seven-day,
									 ten-year flow, in cubic feet per second per square mile of watershed.
The minimum release rate determined
									 by this formula shall not exceed 0.25 cubic feet per square mile of watershed.
(2) The Department may modify the minimum
						  release rate, or provide variable schedules or releases considering the
						  following factors:
(i) The purposes stated in
						  subsection (a).
(ii) Particular
						  stream requirements, including the particular needs of instream and downstream
						  water uses and riparian rights.
(iii) The particular uses and purposes of the
						  dam or reservoir.
(iv) The
						  particular engineering, hydrologic and economic factors affecting the ability
						  of the dam or reservoir to provide the releases.
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 › STORAGE AND DISCHARGE › Section 105.114 - 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 › PROTECTION AND RESTORATION OF AQUATIC LIFE › Section 105.121 - Fishways

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the request of the Fish and Boat Commission, the
							 permittee shall install and maintain chutes, slopes, fishways, gates or other
							 devices that the Fish and Boat Commission may require under
							 30 Pa.C.S. §§
														3501-3505.
The provisions of this §
															105.121 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 › PROTECTION AND RESTORATION OF AQUATIC LIFE › Section 105.122 - Drawdown of impounded waters

Current through Register Vol. 54, No. 28, July 13, 2024
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).
The provisions of this §
															105.122 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); and 25 Pa. Code §
															105.136 (relating to unsafe
								dams).
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 › PROTECTION AND RESTORATION OF AQUATIC LIFE › Section 105.123 - Restoration of aquatic life

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department finds that construction of a dam or
							 reservoir has substantially disrupted aquatic life to preclude natural
							 restoration of the stream ecology within a reasonable period of time, the
							 permittee shall be required to submit and implement a plan to restore the
							 aquatic life of the stream to its prior condition, to the maximum extent
							 possible. The plan shall be subject to review and modification by the
							 Department in consultation with the Fish and Boat Commission and must include,
							 but not be limited to, the following:
(1) Placement of bed gravel.
(2) Stabilization of banks and bed.
(3) Installation of stream improvement
						  devices.
(4) Revegetation of stream
						  and banks.
(5) Stocking of fish and
						  other aquatic life.
The provisions of this §
															105.123 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 › PROTECTION AND RESTORATION OF AQUATIC LIFE › Section 105.124 - 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 › PROTECTION AND RESTORATION OF AQUATIC LIFE › Section 105.125 - 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 › OPERATION, MAINTENANCE AND EMERGENCIES › Section 105.131a - Annual dam registration

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes annual dam registration fees
							 according to §
													105.13(c)(1)(viii)
							 (relating to regulated activities-information and fees) for the Department's
							 administration of the act.
The provisions of this §
															105.131a issued under sections 5,
								7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. §§
																693.5,
								693.7,
								693.10,
								693.11 and
								693.17); sections 5, 6, 8 and
								402 of The Clean Streams Law (35 P. S. §§
																691.5,
								691.6,
								691.8 and
								691.402); 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 sections 302 and
								402 of the Flood Plain Management Act (32 P. S. §§
																679.302 and
								679.402).
This section cited in 25 Pa. Code §
															105.13 (relating to regulated
								activities-information and fees).
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 105.132 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
															105.132 reserved 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 › OPERATION, MAINTENANCE AND EMERGENCIES › Section 105.133 - Directed repairs

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee or owner shall immediately take steps
							 that the Department may prescribe as necessary to preserve the structural
							 stability and integrity of the dam and protect health, safety, property and the
							 environment.
The provisions of this §
															105.133 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 › OPERATION, MAINTENANCE AND EMERGENCIES › Section 105.134 - EAP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The permittee
						  or owner of an existing or proposed Hazard Potential Category 1, Category 2 or
						  Category 3 dam as classified in §
													105.91 (relating to classification
						  of dams and reservoirs) shall develop an EAP to be followed in the event of a
						  dam hazard emergency as defined in §
													105.135 (relating to dam hazard
						  emergencies). The EAP shall be submitted to the Department and approved by the
						  Department and the Pennsylvania Emergency Management Agency (PEMA).
(1) Prior to submitting the EAP for review or
						  approval, the permittee or owner shall schedule a meeting with the county
						  emergency management coordinators for those counties affected by the dam's
						  failure.
(2) Each submission of the
						  EAP must be signed by the dam owners, the dam operators, and the county
						  emergency management coordinators for those counties affected by the dam's
						  failure signifying concurrence with the EAP.
(3) In the case of a proposed dam, the EAP
						  shall be submitted to the Department and approved by the Department and PEMA
						  prior to commencement of storage of water, fluid or semifluid.
(4) The EAP must be prepared in accordance
						  with the most recent EAP guidelines developed by the Department and
						  PEMA.
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 105.135 - Dam hazard emergencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						  the purposes of this section, a dam hazard emergency means a condition which
						  the Department, permittee or owner of the dam reasonably finds constitutes an
						  imminent threat to life or property above or below a dam, whether arising from
						  the condition of the dam and appurtenant works or extraordinary natural
						  conditions, affecting the safety and stability of the dam, including flood,
						  earthquake and ice jam.
(b) The
						  emergency procedures and the EAP required under §§
													105.63 and
						  105.134 (relating to emergency
						  procedures; and EAP) shall be followed by the permittee and owner of a dam or
						  reservoir in the event of an actual or potential dam hazard
						  emergency.
(c) If a dam hazard
						  emergency exists, the permittee or owner of the dam shall immediately notify
						  appropriate emergency management officials identified in the emergency action
						  plan required under §§
													105.63 and
						  105.134 of the existence of the
						  hazard and request the authorities to initiate appropriate action to assure
						  protection of life and property; and the permittee or owner shall immediately
						  take actions as authorized by the Department necessary to prevent dam failure
						  or loss of life or property.
(d)
						  The Department, upon determining that a dam hazard emergency exists, will
						  notify the owner immediately to take actions the Department determines are
						  necessary to prevent dam failure or loss of life or property.
The provisions of this §
															105.135 amended under section 5 of
								the Dam Safety and Encroachments Act (32 P. S. §
																693.5).
This section cited in 25 Pa. Code §
															105.63 (relating to emergency
								procedures); and 25 Pa. Code §
															105.136 (relating to unsafe
								dams).
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 105.136 - Unsafe dams

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						  purposes of this section, an unsafe dam means a dam which meets one or more of
						  the following criteria:
(1) A dam with
						  deficiencies of such a nature that if not corrected could result in the failure
						  of the dam with subsequent loss of lives or substantial property damage. This
						  determination is based on good engineering judgment or the application of the
						  guidelines established for the National Dam Inspection Program.
(2) A dam classified as unsafe under the
						  National Dam Inspection Program.
(3) A dam declared as unsafe 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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.141 - 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,
							 alteration,enlargement, repair, maintenance and removal of a bridge or culvert
							 located in, along or across, or projecting into the regulated waters of this
							 Commonwealth.
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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.142 - Applicability of stream enclosure rules

Current through Register Vol. 54, No. 28, July 13, 2024
A culvert of greater than 100 feet in upstream to
							 downstream length shall be considered to be a stream enclosure, subject to
							 Subchapter D (relating to stream enclosures).
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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.143 - 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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.144 - 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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.145 - 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 C - CULVERTS AND BRIDGES › GENERAL PROVISIONS › Section 105.146 - 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 C - CULVERTS AND BRIDGES › PERMITS › Section 105.151 - Permit applications for construction or modification of culverts and bridges

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the information required under §
													105.13 (relating to permit
							 applications-information and fees), applications for permits under this
							 subchapter for the construction or modification of culverts and bridges shall
							 contain the following:
(1) Plans
						  showing the location, type, size and height of the proposed bridge or culvert
						  and detailing the topographic features, elevations and structures so as to
						  enable an appraisal of the hazard potential of the structure.
(2) A description of the character of the
						  stream bed and banks and a profile of the stream for a reasonable distance
						  above and below the proposed site, showing slopes of bed, normal water surface
						  and flood water surface.
(3) A
						  hydrologic and hydraulic analysis which shall include: data on size, shape and
						  characteristics of the watershed; the amount and frequency of the design flood;
						  the hydraulic capacity of the structure; the hydraulic capacity of the channel
						  upstream and downstream; and, where flooding is a problem, flood damage and
						  backwater analysis.
(4) Other
						  information as the Department may require.
This section cited in 25 Pa. Code §
															78a.68b (relating to well
								development pipelines for oil and gas
								operations).
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 C - CULVERTS AND BRIDGES › PERMITS › Section 105.152 - Permit applications for operation and maintenance of existing culverts and bridges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition
						  to information required by §
													105.13 (relating to permit
						  applications-information and fees), a permit application for the operation and
						  maintenance of existing culverts and bridges shall give the following
						  information:
(1) Plans showing the location,
						  type, size and height of the existing bridge or culvert and detailing the
						  topographic features, elevations and structures so as to enable an appraisal of
						  the hazard potential of the structure.
(2) A description of the character of the
						  stream bed and banks and a profile of the stream for a reasonable distance
						  above and below the existing site showing slopes of bed, normal water surface
						  and flood water surface.
(3) 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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.161 - Hydraulic capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Bridges and culverts shall be designed and constructed in accordance with the
						  following criteria:
(1) The structure shall
						  pass flood flows without loss of stability.
(2) The structure may not create or
						  constitute a hazard to life or property, or both.
(3) The structure may not materially alter
						  the natural regimen of the stream.
(4) The structure may not so increase
						  velocity or direct flow in a manner which results in erosion of stream beds and
						  banks.
(5) The structure may not
						  significantly increase water surface elevations.
(6) The structure shall be consistent with
						  local flood plain management programs.
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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.162 - Multiple pipes and spans

Current through Register Vol. 54, No. 28, July 13, 2024
Multiple pipes and multiple span bridges and culverts
							 which may tend to collect debris, contribute to the formation of ice jams and
							 increase head losses shall be avoided to the maximum practicable extent.
							 Crossings of less than 15 feet shall be by one span, except where conditions
							 make it impractical to effect the crossing without multiple spans.
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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.163 - Bridge piers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Bridge
						  piers shall be kept to a minimum in number and cross-sectional area and shall
						  be designed to offer the least obstruction to the passage of water and ice,
						  consistent with safety.
(b) Bridge
						  piers in channels subject to unstable or super critical flow shall require
						  special investigation and shall be so designed as to prevent the creation of
						  excessive backwater and waves downstream of the pier.
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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.164 - Bridge abutments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Bridge
						  abutments shall be set well into the banks in such manner as to assure minimal
						  increase in flood elevations.
(b)
						  Bridge abutments shall be aligned with the flow of the stream. The Department
						  may require, in its discretion, the construction of wing walls at the upstream
						  side of the bridge to assist in directing flood flows through the bridge
						  opening.
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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.165 - Height of bridges and culverts

Current through Register Vol. 54, No. 28, July 13, 2024
Bridges and culverts shall be of sufficient height
							 and clearance to allow the use of the stream or other body of water in its
							 customary manner.
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 C - CULVERTS AND BRIDGES › DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION › Section 105.166 - Placement of culverts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Culverts shall be aligned with the stream flow.
(b) Culverts shall be of sufficient width to
						  minimize narrowing of the stream channel.
(c) The upstream side of culverts shall be
						  protected by wing walls or other structures sufficient to assist in directing
						  flood flows to and through the culvert opening.
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 C - CULVERTS AND BRIDGES › OPERATION AND MAINTENANCE › Section 105.171 - Maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or
						  permittee of a culvert or bridge is responsible for maintaining the structure
						  opening thereof in good repair and assuring that flood carrying capacity of the
						  structure is maintained. The owner or permittee shall inspect the opening and
						  approach of the culvert or bridge at regular intervals of not less than once
						  each year and shall, after obtaining the verbal or written approval of the
						  Department, remove silt and debris which might obstruct the flow of water
						  through the structure. It shall be assumed that the flow of water is obstructed
						  when there has been a reduction of the effective area of the structure opening
						  of greater than 10%. Debris shall be 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) and The Clean Streams Law
						  (35
						  P. S. §§
														691.1-691.1001).
(b) Cleaning and maintenance operations shall
						  be conducted to minimize erosion and sedimentation resulting
						  therefrom.
(c) Removal of silt and
						  debris from the stream channel for the purposes of culvert or bridge
						  maintenance shall be accomplished in accordance with the
Standards for
						  Channel Cleaning at Bridges and Culverts
. A copy of this document can
						  be obtained from the Bureau of Dams and Waterway Management, Division of
						  Waterways and Stormwater Management, Post Office Box 8554, Harrisburg,
						  Pennsylvania 17105-8554.
The provisions of this §
															105.171 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 §
															105.211 (relating to
								maintenance).
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 C - CULVERTS AND BRIDGES › OPERATION AND MAINTENANCE › Section 105.172 - Inadequate or collapsed structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or permittee of a bridge or
						  culvert shall immediately inform the Department of the collapse of the
						  structure or a portion thereof or of the existence of unusual conditions
						  threatening the structural integrity of the bridge or culvert, including, but
						  not limited to, the following:
(1)
						  Undercutting of piers or abutments.
(2) Excessive cracking of bridge or culvert
						  surfacing.
(3) Severe deterioration
						  of piers and supports.
(4)
						  Diversion of all or part of the stream flow through a channel not within the
						  normal span of the structure.
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 D - STREAM ENCLOSURES › GENERAL PROVISIONS › Section 105.181 - 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 applies to the construction,
							 alteration, enlargement, repair and removal of a stream enclosure or a culvert
							 in regulated waters of this Commonwealth of upstream to downstream length in
							 excess of 100 feet.