PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[ 25 Pa. Code Ch. 105 ]
Dam Safety and Waterway Management
[40 Pa.B. 2211]
[Saturday, April 24, 2010]The Environmental Quality Board (Board) proposes to amend 25 Pa. Code, Chapter 105 (relating to Dam Safety and Waterway Management). The proposed amendments address the findings from an audit of the Dam Safety Program (Program) by the Auditor General's office, clarify existing sections, as well as amend outdated sections.
This proposal was adopted by the Board at its meeting of February 16, 2010.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Dennis R. Dickey, P. E., Chief, Division of Dam Safety, P. O. Box 8554, Rachel Carson State Office Building, Harrisburg, PA 17105-8554, (717) 772-5951; or Marylou Barton, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposal appears in Section J of this preamble. Persons with a disability may use the Pennsylvania AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection (Department) web site at http://www.dep.state.pa.us.
C. Statutory Authority
The proposed rulemaking is being made under the authority of section 5 of the Dam Safety and Encroachments Act (35 P. S. § 693.5), which grants the Board the authority to adopt regulations and standards for the design, construction, operation, monitoring, maintenance, modification, repair and removal of dams and reservoirs, water obstructions and encroachments as are necessary and proper to carry out the purposes of the act, and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-17 and 510-20).
D. Background and Purpose
The purpose of the proposed rulemaking package is to amend the Department's Dam Safety and Waterway Management regulations to address the findings of a recent audit of the Program by the Auditor General's office and to incorporate amendments to strengthen the Program. The Board proposes to amend its regulations to address the concerns of the Program and issues raised in the audit. The proposed rulemaking package will amend numerous sections within Chapter 105 to address Program concerns and address the audit findings by clarifying existing sections and amending outdated sections. The protection of the public will be improved by providing the Commonwealth the financial wherewithal to remove or otherwise modify unsafe or deficient high-hazard dams that are abandoned by the owner or when owners refuse to make necessary safety improvements. The protection of the public will also be improved by the clarification of engineering design requirements necessary for the proper design and construction of dams.
In summary, the Board proposes to incorporate these amendments into the Dam Safety and Waterway Management regulations (25 Pa. Code Chapter 105) to clarify and make existing regulations easier to understand and amend outdated sections.
The draft proposed amendments were submitted to the Water Resources Advisory Committee (WRAC) on April 8, 2009, and July 15, 2009. The proposed amendments were approved by WRAC on July 15, 2009.
E. Summary of Regulatory Requirements
The proposed amendments address the findings from an audit of the Program by the Auditor General's office, clarify existing sections, as well as amend outdated sections. There are no companion Federal regulations.
§ 105.13a. Complete applications.
This section was previously § 105.19, but was moved to new § 105.13a in an effort to keep the application-requirement sections together. Minor revisions were made to this section.
§ 105.13b. Proof of financial responsibility.
This section was previously § 105.20, but was moved to new § 105.13b in an effort to keep the application requirements together. The following changes were made to this section:
• Proof of financial responsibility will now be required for all existing Hazard Potential Category 1 and Category 2 dams. The current regulation only requires proof of financial responsibility when a permit is issued for a dam. This change will ensure that sufficient funds are available for the continued operation and maintenance during the lifetime of all existing Hazard Potential Category 1 and Category 2 dams.
• The Department may, upon review, request an increase in the amount of the bond or other legal device noted in § 105.13b(a)(3) as necessary to ensure that sufficient funds are available for continued operation and maintenance during the lifetime of the facility. The Department may not increase this amount more than once every 10 years unless the facility is being modified by permit.
§ 105.41. Notices and reports.
This section was amended to require, for dams, a preconstruction meeting between the permittee, the Department, the contractor and the engineer responsible for construction supervision, 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.
§ 105.42(a). Terms and conditions of Department permits and approvals.
This section was amended to eliminate the requirement for the permittee to sign the permit, certifying acceptance of the terms and conditions of the permit, and returning a signed copy of the permit to the Department. The permittee is still required to sign an acknowledgement form, provided by the Department, acknowledging the terms, conditions, restrictions and covenants in the permit. This eliminates a duplication of the permittee signing both the permit and acknowledgement form and streamlines the permit issuance process. The permit will now be effective upon the Department signing the permit and sending it to the permittee.
§ 105.43. Time limits.
This section was amended for dams as follows:
• The Dam Permit or other Department approval for construction or modification will not have a completion date.
• If the work authorized has not commenced on or before December 31 of the 5th year following permit issuance or other Department approval, the Department must be notified 6 months prior to the anticipated commencement of work so that the project design can be reassessed and reauthorized.
• During the design reassessment, the Department may require revisions to the design due to changes in site conditions, dam classification, new technology or revisions to this Chapter.
• If, at any time, the permittee or owner decides not to perform the work, the Department must be notified in writing and the Dam Permit or Department approval will become void.
§ 105.81. Permit applications for construction and modification of dams and reservoirs.
This section was rewritten to more clearly outline the information that needs to be submitted with the application to better inform the regulated community of the information required.
§ 105.82. Permit applications for operation and maintenance of existing dams and reservoirs.
This section was rewritten to more clearly outline the information that needs to be submitted with the application to better inform the regulated community of the information required.
§ 105.88. Dam permit issuance.
This new section explains the issuance of a dam permit. The Department will now issue a permit for construction upon approval of application for a new dam or modification of an existing dam. Upon satisfactory completion of work, the Department will issue an operation and maintenance permit for the dam.
§ 105.89. Letters of Amendment and Letters of Authorization for modification of dams and reservoirs.
This new section explains the use of a Letter of Amendment and Letter of Authorization for authorizing the modification of a dam or reservoir where a permit is not required. Also, it outlines the information required to be submitted for review and approval of the authorization.
§ 105.91(b). Classification of dams and reservoirs.
This section was amended to add a fourth Hazard Potential Category to eliminate confusion of existing regulations Category 2 High and Category 2 Non-High and to bring the Hazard Potential Category designation in line with the revision that is expected in the National Dam Safety Program. The revision is as follows:
Category Population at Risk Economic Loss 1. Substantial (Numerous homes or small businesses or a large business or school.) Excessive such as extensive residential, commercial, or agricultural damage, or substantial public inconvenience. 2. Few (A small number
of homes or small businesses.)Appreciable such as limited residential, commercial, or agricultural damage, or moderate public inconvenience. 3. None expected (No permanent structures
for human habitation
or employment.)Significant damage to private or public property and short duration public inconvenience such as damage to storage facilities or loss of critical stream crossings. 4. None expected (No permanent structures
for human habitation
or employment.)Minimal damage to private or public property and no significant public inconvenience. § 105.97. Stability of structures.
This section was expanded to explain the conditions under which the dam must be demonstrated to be stable.
§ 105.98. Design flood criteria.
This section was amended to more clearly explain how the spillway design flood is determined.
§ 105.107. Final Inspection.
This section was added to require a final inspection with the permittee or owner, the permittee or owner's supervising engineer, and the Department's field representative at the completion of work to construct a new dam or the modification of an existing dam.
§ 105.108. Completion certification and project costs.
§ 105.109. As-built plans.
These two new sections were a part of old § 105.107. These sections were added and rewritten to better explain the requirements and the information that needs to be submitted at the completion of work to construct a new dam or to modify an existing dam.
§ 105.111. Commencement of storage of water, fluid or semifluid.
This section was expanded to better explain the requirements which must be met prior to the commencement of storage of water, fluid or semifluid behind a newly constructed or modified dam.
§ 105.134. EAP.
This section was rewritten to more accurately explain the requirements and steps in developing an emergency action plan (EAP) needed in protecting the public in the event of a dam emergency. Some of the changes are:
• 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.
• Each submission of the EAP shall 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.
• The EAP shall be prepared in accordance with the most recent EAP guidelines developed by the Department and the Pennsylvania Emergency Management Agency (PEMA).
• Upon approval of the EAP, the permittee or owner shall provide a copy of the signed approved EAP to the municipal emergency management agencies and the emergency response agencies listed in the EAP.
• Within 60 days of the date of the Department's approval letter, the permittee or owner shall provide the Department a written statement certifying that a signed approved copy of the EAP has been provided to each municipal emergency management agency and to each emergency response agency listed in the EAP.
• Within 60 days of the date of the Department's approval letter, the permittee or owner shall provide the Department a written statement certifying that the notices have been posted in the locations listed in the EAP. The permittee or owner shall certify in each subsequent annual inspection report that the notices remain posted or were reposted in the locations listed in the EAP.
• The EAP shall be reviewed and updated every 5 years or the frequency interval indicated in the most recent EAP guidelines developed by the Department and PEMA.
• The Department may require the EAP be updated, as necessary, if there is a new owner or operator of the dam, if changes occur in the downstream inundation area, or if there is a change in the Hazard Potential Category.
F. Benefits, Costs and Compliance
Benefits
The proposed amendments will clarify existing regulations, making them easier for the regulated community to understand and to better assure proper planning, design, construction, operation, maintenance and monitoring of dams and reservoirs to protect the health, safety, welfare and property of the public and protect the water quality and natural regime of watercourses.
The proposed rulemaking package is to amend the Department's Dam Safety and Waterway Management regulations to address the findings of a recent audit of the Program by the Auditor General's office and to incorporate amendments to strengthen the program. The audit highlighted regulatory changes to improve the Program. The Board proposes to amend its regulations to address the concerns of the Program and issues raised in the audit. The proposed rulemaking package will amend numerous sections within Chapter 105 to address Program concerns and address the audit findings by clarifying existing sections and amending outdated sections. The protection of the public will be improved by providing the Commonwealth the financial wherewithal to remove or otherwise modify unsafe or deficient high-hazard dams that are abandoned by their owner or when owners refuse to make necessary safety improvements. The protection of the public will also be improved by the clarification of engineering design requirements necessary for the proper design and construction of dams.
Compliance Costs
The regulations will apply to any owner or operator of a dam. There are approximately 2,333 owners of 3,256 dams that are affected by the existing regulations. The following table shows a breakdown of the ownership type:
New Hazard Potential Category
Ownership Category 1 Category 2 Category 3 Category 4 County Owned 78 0 2 22 Municipally Owned 183 10 38 331 Privately Owned 340 73 221 1,685 State Owned 89 5 17 162
Category 1: Substantial population at risk, 10 or more people, or numerous small businesses or a large business or school.
Category 2: Few people at risk, less than 10 people or a small number of small businesses.
Category 3: No population at risk, but significant damage to private or public property and short duration public inconvenience.
Category 4: No population at risk and only minimal damage to private or public property and no significant public inconvenience
The only additional cost in the proposed revisions to the regulation is for providing proof of financial responsibility. Proof of financial responsibility will be required from private individuals or businesses who own an existing Hazard Potential Classification Category 1 or Category 2 dam. The proof of financial responsibility shall be a bond or other legal device of a form acceptable to the Department, payable to the Commonwealth, which guarantees proper construction, repair, operation and maintenance, inspection and monitoring, and removal, if necessary, of the facility. The cost is derived from an engineering estimate for the removal of the dam, and is dam-specific based on the size and type (earthfill, concrete, stone masonry, and the like) of dam. The proof of financial responsibility can be met by providing the Department with a Surety Bond or a Collateral Bond secured by a Negotiable Bond, Cash, Certified Check, Cashier's Check, Treasurer's Check, Irrevocable Letter of Credit or Certificate of Deposit. The amount of the bond or other legal device could range from $25,000 to $200,000 per dam. This would be the actual cost to the owner if they used a Negotiable Bond, Cash, Certified Check, Cashier's Check, Treasurer's Check or Certificate of Deposit. If the owner provides a Surety Bond or Irrevocable Letter of Credit the actual cost would range from $250 to $4,000 annually. Because most of the privately owned dams are generally on the smaller side, the amount of the bond and annual maintenance cost will be toward the lower end of the range. Businesses regulated by the Public Utility Commission (PUC) need only provide a certificate of public convenience from the PUC to meet the proof of financial responsibility requirement. Ownership of the dam by a governmental agency meets the requirement to provide proof of financial responsibility. If this amendment is not approved, the cost to the Commonwealth could be significant. When no bond or other legal device is in place, the Commonwealth would be responsible, at its expense, to take corrective actions. This would be necessary when a dam hazard emergency develops and the owner is unwilling or unable to take corrective actions necessary to prevent dam failure and potential loss of life downstream.
Compliance Assistance Plan
No financial assistance is necessary. Dam owners affected by the revisions will be advised by letter advising of the changes and how they can comply with the changes. Because most of the revisions are for clarification purposes there will be little effect on the dam owner.
Paperwork Requirements
The only additional paperwork required would be that required to obtain the necessary proof of financial responsibility. This is not an annual requirement as the amount needed for proof of financial responsibility is updated every 10 years.
G. Pollution Prevention (if applicable)
Pollution prevention is not applicable.
H. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 14, 2010, the Department submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the House and Senate Environmental Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed amendments within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review of these issues by the Department, the General Assembly and the Governor prior to final publication of the regulations.
J. Public Comments
Written Comments—Interested persons are invited to submit comments, suggestions or objections regarding the proposed regulations to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by May 24, 2010. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one-page in length and must also be received by the Board by May 24, 2010. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered.
Electronic Comments—Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by May 24, 2010. A subject heading of the proposal and a return name and address must be included in each transmission.
JOHN HANGER,
ChairpersonFiscal Note: 7-452. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIEONMENTAL 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
GENERAL § 105.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Archaeological site—A known site of archaeological significance based on the Comprehensive State Plan for Conservation of Archaeological Resources. The Comprehensive State Plan is available from the Historic and Museum Commission [, Bureau of Historic Preservation, Box 1026, Harrisburg, Pennsylvania 17108].
* * * * * Contributory drainage area—Area upstream of a proposed or existing dam, water obstruction or encroachment that contributes runoff to a watercourse.
* * * * * Dam—An artificial barrier, together with its appurtenant works, constructed for the purpose of impounding or storing water or [another] other fluid or semifluid, or a refuse bank, fill or structure for highway, railroad or other purposes which does or may impound water or [another] other fluid or semifluid.
* * * * * EAP—Emergency Action Plan—A formal document that identifies potential emergency conditions at a dam and specifies preplanned actions to be followed to minimize property damage and loss of life.
(i) The EAP contains procedures and information to assist the dam owner in issuing early warning and notification messages to responsible downstream emergency management authorities of the emergency situation.
(ii) The EAP also contains inundation maps to show the emergency management authorities of the critical areas for action in case of an emergency.
* * * * * Flowage easements—An acquired right of use of another person's land for water temporarily or permanently impounded by a dam or backwater from the installation, operation and maintenance of a water obstruction or encroachment.
* * * * * Hydrologic and hydraulic analysis—
(i) A study of the effects of an encroachment or water obstruction on the flow carrying capacity of a watercourse.
(ii) A study determining the watershed runoff into a dam and reservoir and the resulting routed outflow from the dam and its spillway structures.
Incremental dam breach analysis—A process to determine the highest runoff event during which a dam failure would cause a threat to life, health, property or the environment in areas below the dam in excess of the threat level caused by the same runoff event with no dam failure.
* * * * * Letter of Amendment for dams—A letter from the Department amending an existing Dam Permit for major maintenance, repair or improvement projects which do not involve modification to the top-of-dam elevation or modification of the normal pool reservoir elevation.
Letter of Authorization for dams—A letter from the Department approving major maintenance, repair or improvement projects which do not involve modification to the top-of-dam elevation or modification of the normal pool reservoir elevation of a dam which has not been previously permitted by the Department and meets the waiver of permit requirements under § 105.12(b)(1) or (2) (relating to waiver of permit requirements).
* * * * * Limited Power and Water Supply Act—The act of June 14, 1923 (P. L. 700, No. 293) (32 P. S. §§ 621-625); and the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §§ 591-600), regarding Limited Power Permits and Limited Water Supply Permits from the Water Supply Commission of Pennsylvania and the conditions thereof, to the flooding and use by holders of Limited Power Permits of lands owned by the Commonwealth, to the unlawful use for water or steam power developments of dams and changes in streams hereafter constructed or made otherwise than under Limited Power Permits, and to proceedings for the enforcement of this act.
Maintenance dredging—[Dredging conducted as part of construction of a dam, water obstruction or encroachment, and periodic] Periodic dredging conducted to accomplish one or more of the following purposes:
* * * * * (iv) Restoring the natural or previously permitted reservoir capacity
(v) Restoring flood protection projects to original design dimensions.
Major dam design revision—A revision to a previously approved or permitted dam design which requires either the Department's review or modeling of a revised hydrologic and hydraulic analysis of the dam and reservoir's capacity to pass or store, or both, the required spillway design flood; the Department's review or modeling of an analysis to determine the ability of the dam's spillway or decant to dewater after runoff events; or the Department's review or modeling of a stability analysis of the revised dam design.
Maximum credible earthquake—A seismic event with a 2% probability of exceedance in 50 years.
* * * * * PMF—Probable maximum flood—The flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in an area. The PMF is derived from the probable maximum precipitation (PMP) as determined on the basis of the most recent data [obtained] available from the National Oceanographic and Atmospheric Administration (NOAA).
* * * * * Person—
(i) A natural person, partnership, association, corporation, public utility, municipality, municipal authority, political subdivision of [the] this Commonwealth, receiver or trustee, firm, estate and a department, board, commission or authority of the Commonwealth or other legal entity which is recognized by law as the subject of rights and duties.
(ii) Whenever used in a section prescribing and imposing a penalty or sanction, the term includes the members of an association and the officers of a corporation, municipality or municipal authority.
* * * * * Practicable alternative—An alternative is practicable if it is available and capable of being carried out after taking into consideration construction cost, existing technology and logistics. An area not presently owned by the applicant which could reasonably be obtained, utilized, expanded or managed to fulfill the basic purpose of the project will be considered as a practicable alternative.
* * * * * Reservoir filling plan—A plan that sets a schedule for the initial filling of the reservoir behind a new dam or the refilling of a reservoir after the rehabilitation of an existing dam.
* * * * * Spillway—A device which safely conveys the design flood of a dam without endangering [its] the dam's safety or integrity.
* * * * * Wild trout streams—A stream [classified] identified as supporting naturally reproducing trout populations by the Fish and Boat Commission under 58 Pa. Code § 57.11 (relating to listing of wild trout streams). For a list of wild trout streams, contact the Fish and Boat Commission [can be contacted at: Fish Commission, Bureau of Fisheries, Division of Fisheries Management, 450 Robinson Lane, Bellefonte, Pennsylvania 16823-9616], www.fish.state.pa.us.
§ 105.4. Delegations to local agencies.
* * * * * (b) [No] A delegation may be made of the authority to issue permits for a water obstruction or encroachment constructed, owned or maintained by the Commonwealth, a political subdivision or a public utility. Delegations may be made of the powers to inspect and monitor the activities, if the Department retains final authority to approve or disapprove permits, and concurrent authority to inspect, monitor and enforce the act.
* * * * * (d) A delegation agreement [shall] will:
* * * * * (e) A permit for a water obstruction or encroachment issued by a delegated agency is subject to review by the Department, unless the right of review is waived by the Department. A permit issued by a delegated agency shall become effective 30 days following the receipt of notice by the Department of issuance, unless the permit is disapproved by the Department or an appeal is filed with the Department under section 17 of the act [(32 P. S. § 693.17)].
* * * * *
PERMIT APPLICATIONS § 105.11. Permit requirements.
* * * * * (d) A permit issued by the Department after July 1, 1979, for the construction and operation of a water obstruction or encroachment [shall] will incorporate authorization for normal repairs and maintenance of permitted structures conducted within the original specifications for the water obstruction or encroachment. A repair or maintenance involving modification of the water obstruction or encroachment from its original specifications and a repair or reconstruction involving a substantial portion of the structure shall require the prior written permit of the Department under subsection (a).
(e) A [dam,] water obstruction or encroachment or modification thereof, constructed or authorized pursuant to the terms of a permit issued under this chapter prior to October 12, 1991, [shall] will be deemed to comply with the construction permit requirements of this subchapter. These projects [shall] must, after October 12, 1991, comply with the operating, maintenance, monitoring and other requirements of this chapter.
(f) A dam or modification thereof, constructed or authorized pursuant to the terms of a permit issued under this chapter prior to ______ , will be deemed to comply with the construction permit requirements of this subchapter. These projects must, after ______ , comply with the operating, maintenance, monitoring and other requirements of this chapter. (Editor's Note: The blanks refer to the effective date of adoption of this proposed rulemaking.)
§ 105.12. Waiver of permit requirements.
* * * * * (b) The requirements for a permit for existing structures or activities, as provided in section 6(c) of the act (32 P. S. § 693.6(c)), are waived for the following structures or activities, if construction was completed prior to July 1, 1979. If the Department upon complaint or investigation finds that a structure or activity which is eligible for a waiver, has a significant effect upon safety or the protection of life, health, property or the environment, the Department may require the owner of the structure or activity to apply for and obtain a permit under this chapter.
* * * * * (2) A dam which the Department determines, on the basis of preliminary data submitted by the applicant, is of Size Classification C and Hazard Potential Classification [3] 4, as defined in § 105.91 (relating to classification of dams and reservoirs) and does not have a significant effect on coastal resources or an adverse impact on the environment.
* * * * * § 105.13. Permit applications—information and fees.
* * * * * (d) An application for a permit shall be accompanied by information, maps, plans, specifications, design analyses, test reports and other data specifically required [by] under this chapter and additional information as required by the Department to determine compliance with this chapter.
(1) For all permit applications, except small projects, this information [shall include] includes, but is not limited to, the following:
(i) A site plan. A site plan [shall] must include:
* * * * * (ii) A location map. The location map [shall] must be of a scale factor of 1:24000 (standard U.S.G.S. Topographic Map). The location map [shall] must show all natural features including the names and boundaries of regulated waters of this Commonwealth, natural areas, wildlife sanctuaries, natural landmarks, political boundaries, locations of public water supplies and other geographical or physical features including cultural, archeological and historical landmarks within 1 mile of the site. U.S.G.S. maps may be reviewed at County Conservation District Offices or obtained by writing to: United States Geological Survey Map Distribution, Box 25286 Federal Center, Denver, CO 80225.
* * * * * (iv) Color photographs. Color photographs of the proposed site shall be submitted. The photos [shall] must accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.
* * * * * (e) A permit application for small projects located in streams or floodplains shall be accompanied by the following information. This permit application may not be used for projects located in wetlands. If upon review the Department determines that more information is required to determine whether a small project will have an insignificant impact on safety and protection of life, health, property or the environment, the Department mayrequire the applicant to submit additional information and processing fees required [by] under this chapter.
(1) A site plan. A site plan [shall] must include:
* * * * * (5) Color photographs. Color photographs of the proposed site shall be submitted. The photos [shall] must accurately depict the project area and provide a relative scale of the project to the surrounding area and a map showing the location and orientation of each photograph.
(f) Except for small projects, an application for a permit under this chapter shall be accompanied by proof of an application for an Earth Disturbance Permit or an erosion and sedimentation control plan for activities in the stream and earthmoving activities. The plan [shall] must conform to [the] requirements [contained] in Chapter 102 (relating to erosion and sediment control) and [shall] must include a copy of a letter from the conservation district in the county where the project is located indicating that the district has reviewed the erosion and sediment control plan of the applicant and considered it to be satisfactory, if applicable. Earthmoving activities, including small projects, shall be conducted pursuant to an earth disturbance plan.
* * * * * § 105.13a. Complete applications.
(a) An application for a permit is complete when the necessary information is provided and requirements under the act and this chapter have been satisfied by the applicant.
(b) When the Department determines that an application is incomplete or contains insufficient information, it will notify the applicant in writing. The applicant shall have 60 days from the date of the Department's letter to complete the application or the Department will consider the application to be withdrawn. Requests for a specific extension shall be submitted by the applicant in writing. The applicant will be notified in writing when an application is considered withdrawn. If the applicant chooses to reapply for a permit, a new complete application and fee will be required.
§ 105.13b. Proof of financial responsibility.
For continued operation and maintenance of all existing Hazard Potential Category 1 or Category 2 dams, as classified in § 105.91 (relating to classification of dams and reservoirs), and water obstructions or encroachments, which present a substantial potential risk to life or property; and as a requirement for approval of a permit under this chapter for a Hazard Potential Category 1 or Category 2 dam, and water obstruction or encroachment, which presents a substantial potential risk to life or property, the Department will require proof of financial responsibility or security assuring the proper construction, repair, operation and maintenance, inspection and monitoring and removal, if necessary, of the facility.
(1) As proof of responsibility or security, the Department may require one or more of the following:
(i) A certificate of public convenience from the Public Utility Commission if the owner of the proposed facility is subject to regulation under 66 Pa.C.S. (relating to Public Utility Code).
(ii) Ownership or management of the facility by an agency of the Federal, State, county or municipal government or of an interstate compact.
(iii) A bond or other legal device of a form acceptable to the Department, payable to the Commonwealth, which guarantees proper construction, repair, operation and maintenance, inspection and monitoring, and removal, if necessary, of the facility. The amount of bond or legal device must be sufficient to cover the costs of entry, repair, correction, operation, maintenance, inspection, monitoring or removal of the facility by the Commonwealth in the event of failure of the owner to comply with orders of the Department, terms and conditions of the permit, this chapter and the act and section 302 of the Flood Plain Management Act (32 P. S. § 679.302).
(2) The Department may, upon review, request an increase in the amount of the bond or other legal device noted in paragraph (1)(iii) as necessary to ensure that sufficient funds are available. The Department may not increase this amount more than once every 10 years unless the facility is being modified by permit.
(3) This chapter applies to already existing permits issued for a Hazard Potential Category 1 or Category 2 dam. The owner of an already existing permitted Hazard Potential Category 1 or Category 2 dam shall satisfy the requirements of this section by ____ (Editor's Note: The blank refers to a date 5 years after the effective date of adoption of this proposed rulemaking.).
§ 105.14. Review of applications.
* * * * * (b) In reviewing a permit application under this chapter [for construction or substantial modification of a dam or reservoir, water obstruction or encroachment,] the Department will use the following factors to make a determination of impact:
(1) Potential threats to life [or], property or the environment created by the dam, water obstruction or encroachment.
* * * * * (3) The effect of the dam, water obstruction or encroachment on the property or riparian rights of owners [above, below] upstream, downstream or adjacent to the project.
(4) The effect of the dam, water obstruction or encroachment on regimen and ecology of the watercourse or other body of water, water quality, stream flow, fish and wildlife, aquatic habitat, instream and downstream uses and other significant environmental factors. In reviewing permit applications, existing and designated uses will be maintained and protected.
* * * * * (6) Compliance by the dam, water obstruction or encroachment with applicable laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact.
* * * * * (8) Present conditions and the effects of reasonably foreseeable future development within the affected watershed [above] upstream and [below] downstream of the dam, water obstruction or encroachment:
* * * * * § 105.15. Environmental assessment.
(a) A person may not construct, operate, maintain, modify, enlarge or abandon the following categories of structures or activities until an [environmental assessment] Environmental Assessment has been approved in writing by the Department. The [environmental assessment shall] Environmental Assessment must be on a form provided by the Department and [shall] include the following information:
* * * * * (3) For dams located in, along or projecting into an exceptional value water as defined in Chapter 93 (relating to water quality standards) for which a permit is not otherwise required under this chapter, the Department will base its evaluation on the information required by the factors included in [§ 95.1] Chapter 93 (relating to [general requirements] water quality standards) and §§ 105.13(d) and 105.14(b) and the following information submitted by the applicant:
* * * * * (b) For structures or activities where water quality certification is required under section 401 of [The] the Clean Water Act (33 U.S.C.A. § 1341), an applicant requesting water quality certification under section 401 shall prepare and submit to the Department for review, an environmental assessment containing the information required by subsection (a) for every dam, water obstruction or encroachment located in, along, across or projecting into the regulated water of this Commonwealth.
* * * * * § 105.19. [Complete applications] (Reserved).
[(a) An application for a permit is not complete until the necessary information and requirements under the act and this chapter, including proof of financial responsibility, have been satisfied by the applicant.
(b) When the Department determines that an application is incomplete or contains insufficient information to determine compliance with this chapter, it will notify the applicant in writing. The applicant shall then have 60 days to complete the application or the Department will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing. The applicant will be notified in writing when an application is considered withdrawn. When an application is considered withdrawn, the Department will close the application file and take no further action to review the file, unless the applicant requests the file to be reopened after submitting the previously identified information to complete the application and a new fee. Fees will not be refunded after an application is withdrawn.]
§ 105.20. [Proof of financial responsibility] (Reserved).
[(a) Prior to the approval of a permit under this chapter for construction or modification of a dam, water obstruction or encroachment which may present a substantial potential risk to life or property, the Department will require proof of financial responsibility or security for continued operation and maintenance during the lifetime of the facility. Dams, water obstructions or encroachments which may be subject to the proof of financial responsibility include, but are not limited to, Category 1 dams, Hazard Potential Classification, as defined in § 105.91 (relating to classification of dams and reservoirs) stream enclosures, bridges, levees, fills and floodwalls.
(b) As proof of responsibility or security, the Department may require one or more of the following:
(1) A certificate of public convenience from the Pennsylvania Public Utility Commission if the owner of the proposed facility is subject to regulation under 66 Pa.C.S. (relating to the Public Utility Code).
(2) Ownership or management of the facility by an agency of the Federal, State, county or municipal government or of an interstate compact.
(3) A bond or other legal device of a form acceptable to the Department, payable to the Commonwealth, which guarantees proper construction, repair, operation and maintenance, inspection and monitoring, and removal if necessary of the facility. The amount of bond or legal device shall be sufficient to cover the costs of entry, repair, correction, operation, maintenance, inspection, monitoring or removal of the facility by the Commonwealth in the event of failure of the owner to comply with orders of the Department, terms and conditions of the permit, this chapter and the act and section 302 of the Flood Plain Management Act (32 P. S. § 679.302).]
§ 105.20a. Wetland replacement criteria.
(a) Wetlands replacement [shall] must meet the following general criteria:
* * * * *
PERMIT ISSUANCE, TRANSFER AND REVOCATION § 105.21. Criteria for permit issuance and denial.
(a) In addition to the other requirements of this chapter, a permit application will not be approved unless the applicant demonstrates that the following conditions are met:
* * * * * (2) The proposed project or action complies with the standards and criteria of this title and with other laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact.
* * * * * (5) The applicant has not been found to be in continuing violation of this title or other laws administered by the Department, the Fish and Boat Commission, or a river basin commission created by interstate compact, including, but not limited to, a violation of an adjudication and order, agreement, consent order or decree, whether or not the applicant's violation resulted in an order or civil penalty assessment.
(6) The applicant has submitted adequate proof of financial responsibility, if required under § [105.20] 105.13b (relating to proof of financial responsibility).
(b) A permit issued under this chapter shall be subject to the general and special conditions regarding construction, operation, maintenance, inspection and monitoring of a project or action that the Department may deem necessary to assure compliance with the requirements and purposes of this chapter, the act, the Flood Plain Management Act (32 P. S. §§ 679.101—679.601) and other laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact.
(c) The Department may not issue a permit to operate and maintain a dam, water obstruction or encroachment constructed without a permit unless one of the following is met:
(1) The Department determines that the structure or activity complies with the standards and criteria of this title, including replacement in accordance with § 105.20a (relating to wetland replacement criteria), and with other laws administered by the Department, the Fish and Boat Commission and river basin commissions created by interstate compact.
* * * * * § 105.23. Compliance with other applicable statutes.
Receipt of a permit under [the provisions of] this chapter [shall] does not relieve the permittee of the obligation of complying with Federal, interstate compact and State laws, regulations and standards applicable to the construction, operation or maintenance of the dam or water obstruction.
§ 105.25. Transfer of permits.
(a) A permit [may] must be transferred [to a new owner if there is a change of ownership of the dam, water obstruction or encroachment.] or notification provided to the Department as follows:
(1) If the owner and permittee are the same person and there is a change in ownership, the permit must be transferred to the new owner of the dam, water obstruction or encroachment.
(2) If the owner and permittee are not the same person and there is a change of permittee, but not ownership of the dam, water obstruction or encroachment, the permit must be transferred to the new permittee.
(3) If the owner and permittee are not the same person and there is a change in ownership, but not permittee of the dam, water obstruction or encroachment, the change in ownership must be reported by the permittee to the Department in writing within 30 days.
(b) A permit [may] will only be transferred [only] upon application to and approval by the Department. An application for transfer shall be submitted [upon ] on forms provided by the Department.
* * * * * (d) The new [owner] permittee shall expressly agree to abide by the permit conditions and shall, if applicable:
(1) Provide the Department with proof of financial responsibility [and] or security in accordance with § [105.20] 105.13b (relating to proof of financial responsibility).
* * * * * (f) Upon receipt of the approved application for transfer, the applicant shall affix the approved application for transfer to the original permit. The approved application for transfer shall become part of, and remain affixed to, the original permit [, until the Department issues a new permit]. The Department may prepare a new permit to replace worn or obsolete documents.
§ 105.26. Revocation and suspension of permits.
(a) Failure to comply with a provision of this chapter, an order of the Department, or a term or condition of a permit issued under this chapter, or the submission of false or misleading information on a permit application, will be cause for the Department to revoke or suspend a permit.
(b) The Department will issue to the permittee a written notice of the suspension or revocation of a permit. The notice shall be subject to the procedure for appeal and hearing before the [Environmental Hearing Board] EHB as provided [by] under section 24 of the act (32 P. S. § 693.24); section 503(b) of the Flood Plain Management Act (32 P. S. § 679.503(b)); section 1921-A of The Administrative Code of 1929 (71 P. S. § 510-21), and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law).
SUBMERGED LANDS OF THE COMMONWEALTH—LICENSES AND ANNUAL CHARGES § 105.31. Property rights.
(a) Except as provided in §§ 105.32 and 105.33 (relating to projects—proper purpose; and licenses for public service corporations), [no] a permit issued under this chapter may not give real or personal property rights nor grant exclusive privileges; nor may it be construed to grant or confer a right, title, easement or interest in, to or over lands belonging to [this] the Commonwealth.
(b) [No] A permit for a dam, water obstruction or encroachment to occupy submerged lands of the Commonwealth will not be issued by the Department until the applicant has first obtained one of the following:
* * * * * § 105.34. Navigation and public trust.
[No] An easement, right-of-way, lease or license will not be granted by the Department if it may adversely affect navigation or significantly impair the right in lands of the public held in trust by [this] the Commonwealth.
§ 105.35. Charges for use and occupation of submerged lands of this Commonwealth.
* * * * * (c) Charges may not be imposed under section 15 of the act or section 514 of The Administrative Code of 1929 for the following categories of activities and structures:
* * * * * (4) A project or activity constructed, owned or operated by a political subdivision of [the] this Commonwealth which provides potable water supply, sewage disposal or other similar services necessary for public health and welfare, or in connection with a service for which no fees or charges other than general taxes are imposed.
* * * * * (e) This section does not apply to a crossing contiguous to or in a State park or State forest lands. Easements for the crossings shall be administered in accordance with section 514 of The Administrative Code of 1929 and the park and forest land management practices of the Department of Conservation and Natural Resources.
* * * * *
CONSTRUCTION REQUIREMENTS AND PROCEDURES § 105.41. Notices and reports.
(a) [The] 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 [notify the Department, in writing, of the proposed time for commencement of work at least 15 days prior to the commencement of construction.] 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, a preconstruction meeting between the permittee, the Department, the contractor and the engineer responsible for construction supervision, 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.
(b) The Department may require submission of [the] additional reports, as it deems necessary, on the status of construction.
§ 105.42. [Acknowledgment of] Terms and conditions of Department permits and approvals.
(a) [Upon receipt of a permit, the permittee shall sign the permit thereby expressly certifying the permittee's acceptance of, and agreement to comply with, the terms and conditions of the permit. The permittee shall return a signed copy of the permit to the Department. The permit will not be effective until the signed copy of the permit is received by the Department.
(b)] The permittee or owner 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 [of the terms, conditions, restrictions and covenants of the permit].
[(c)] (b) Prior to the commencement of construction, the permittee or owner shall file [with the Department in writing, on a form provided by the Department, a statement] an acknowledgment form provided by the Department, signed by the permittee or owner and [an individual responsible for the supervision or conduct of the construction work] other project personnel, as specified on the form, acknowledging [and accepting the general and special conditions contained] 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 [and acceptance have] form has been completed and filed, the permit or other Department approval is void.
[(d)] (c) A copy of the permit or other Department approval and the acknowledgment [shall] 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.
§ 105.43. Time limits.
(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) [If] For water obstruction and encroachments, if the [work] construction is not completed on or before the dates [set by the Department] established in the permit, unless extended by the Department in writing, the permit shall become void without further notification [being required] 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.
§ 105.44. Implementation of work according to specifications.
(a) Work undertaken under a permit or other Department approval issued under this chapter [shall] must be conducted in accordance with the maps, plans, profiles and specifications as approved by the Department.
(b) [No changes] 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.
§ 105.45. Inspections by the Department.
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 its authorized agents, and the permittee or owner shall allow representatives of the Department and its authorized agents to enter a property, premises or place associated with the [permit] permitted or approved project for the purposes of the inspection.
§ 105.46. Implementation of erosion and sedimentation control plans.
(a) During the construction of a dam, water obstruction or encroachment, the permittee or owner shall follow the erosion and [sedimentation] sediment control plan prepared in accordance with Chapter 102 (relating to erosion and sediment control) and submitted [with and approved] as part of [his] the application.
(b) Construction [shall] must be done in a manner [so as] to minimize erosion of banks and bed of the stream and disturbance of the regimen of the stream.
§ 105.47. Removal of [structures] dams and removal or abandonment of water obstructions and encroachments.
(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 [water course and floodplain] regulated waters of this Commonwealth to their former condition.
(b) Prior to discontinuing use or abandonment, the permittee or owner of a [structure] water obstruction or encroachment covered by this chapter, [regardless of whether or not it was constructed under a permit from this Department or its predecessors,] shall remove all or part of the facility and take other actions as [are] 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.
OPERATION, MAINTENANCE AND INSPECTION § 105.51. Operation and maintenance.
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 [and], 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.
§ 105.52. [Inspection] (Reserved).
[Regardless of the date of construction of a dam, water obstruction or encroachment or whether or not it was permitted by the Department or its predecessors, it shall be the duty of the permittee or owner of a dam, water obstruction or encroachment to evaluate the safety of the facility and appurtenant structures and to modify the facility in accordance with the permit requirements of § 105.11 (relating to permit requirements) to ensure protection of life and property in accordance with changed conditions and current safety criteria.]
§ 105.53. Inspections by permittees or owners and inspection reports.
(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) [, which are defined as high hazard dams in § 105.1 (relating to definitions),] annual reports regarding the condition of the dam, [certified by a registered professional engineer] 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.
* * * * * (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) [In] 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.
(b) Regardless of the date of construction of a dam, water obstruction or encroachment or whether or not it was permitted by the Department or its predecessors, it shall be the duty of the permittee or owner of a dam, water obstruction or encroachment to evaluate the safety of the facility and appurtenant structures and to modify the facility in accordance with the permit requirements of § 105.11 (relating to permit requirements) to ensure the protection of life and property with respect to changed conditions and current safety criteria. If structural or operation modifications are required as a result of the inspection findings, the permittee or owner shall apply for a permit, or request an amendment to an existing permit to perform the modifications.
INVESTIGATION AND CORRECTION OF UNSAFE CONDITIONS—EMERGENCY PROCEDURES § 105.61. Procedures for investigations.
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, or the environment, 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.
§ 105.63. Emergency procedures.
* * * * * (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 [, but not limited to,] one or more of the following conditions:
(1) [Sliding of upstream or downstream slopes or abutments contiguous to the dam.
(2) Sudden subsidence of the crest of the dam.
(3) Longitudinal or transverse cracking of the crest of the dam.
(4) Unusual release of water from the downstream face or toe of the dam.
(5) Other unusual conditions at the downstream slope of the dam.
(6) Significant landslides in the reservoir area.]
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.
(c) In case of emergency, telephone calls should be directed to the Public Safety Answering Point (PSAP)—911, the Pennsylvania Emergency Management Agency at (717) [783-8150 or] 651-2001 or 800-424-7312 and the Department's emergency number at (717) 787-4343 or (800) 541-2050.
§ 105.64. Emergency [permit] permits.
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.
* * * * * (4) [If the municipality in which the emergency occurs has waived notice, the emergency permit is effective immediately. If notice has not been waived by the municipality, the emergency permit is effective 30 days after notice is sent to the municipality in which the emergency occurred.] The emergency permit will expire in [30] 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.
[(Editor's Note: The act of August 14, 1991 (P. L. ____ , No. 35) supersedes the first two sentences of § 105.64(4).)]
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