[50 Pa.B. 6863]
[Saturday, December 5, 2020]
[Continued from previous Web Page] § 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 has been approved in writing by the Department. The Environmental Assessment must be on a form provided by the Department and include the following information:
(1) For dams, water obstructions or encroachments permitted under this chapter, the Department will base its evaluation on the information required [by] under § 105.13 (relating to permit applications—information and fees) and the factors included in § 105.14(b) (relating to review of applications) and this section.
(2) For dams, water obstructions or encroachments located in, along or projecting into a wetland for which a permit is not otherwise required under this chapter, the Department will base its evaluation on the information required [by § 105.13(d)] under § 105.13(e) and the factors included in § 105.14(b) and this section.
(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] under the factors included in Chapter 93 and §§ [105.13(d)] 105.13(e) and 105.14(b) and the following information submitted by the applicant:
(i) The surface area of the impoundment.
(ii) The height of the dam.
(iii) The mean depth and maximum depth of the stream at the location of the dam.
(iv) A description of the release structure.
(v) The rate of a conservation release.
(vi) The design of bypass structures.
(vii) The use of the dam.
(viii) The material used for construction of the dam.
(4) For restoration of aquatic resources, the Department will base its evaluation on the following information:
(i) A detailed project description that includes the specific purpose, goals and objectives of the restoration project.
(ii) A project plan which includes:
(A) Resource identification and data.
(B) A location map.
(C) A determination or delineation of wetlands and accompanying data sheets.
(D) Watercourse reports.
(E) Photographs.
(F) Identification of the plan preparer.
(G) Qualifications of the plan preparer.
(iii) A description of aquatic resources at the project site.
(iv) For surface waters, other than wetlands, as defined in § 93.1 (relating to definitions), provide the resource type, size, designated and existing uses of surface waters under Chapter 93.
(v) For wetlands, provide the type, size, a description of wetland functions, an analysis of whether wetlands at the project site are exceptional value as classified in § 105.17 (relating to wetlands), and a demonstration that satisfies the requirements contained in § 105.18a (relating of structures and activities in wetlands).
(vi) Information related to historic and modern land uses. This includes a demonstration and identification of historic and modern impacts on or degradation of aquatic resources, as applicable.
(vii) An impacts analysis identifying the anticipated aquatic resource restoration improvements and benefits, including water quality, aquatic habitat, floodway and floodplain re-establishment, reconnection to groundwater and wetlands restoration.
(viii) Plans, cross sections, an erosion and sediment control plan, geomorphic measurements and analyses, geologic characteristics and geotechnical data, paleo-aquatic or target ecosystem characterization, identification of existing constraints such as upstream channel instability, potential sediment contributions and need for transition zones and other factors which may constrain restoration capacity.
(ix) Other relevant information, data or analyses pertaining to the restoration site that the applicant would like the Department to consider in its evaluation.
(b) For structures or activities where water quality certification is required under section 401 of 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] under subsection (a) for every dam, water obstruction or encroachment located in, along, across or projecting into the regulated water of this Commonwealth.
(c) Based on the results of the environmental assessment required under subsection (a), the Department may require the applicant to undertake further studies and submit additional information, analyses and reports as found necessary by the Department.
(d) The environmental assessment has been conducted by the Department for all general permits, categories of structures and activities listed in [§ 105.12(a)(1)—(10) and (12)—(15)] § 105.12(a)(1)—(10), (12)—(15) and (17)—(21) (relating to waiver of permit requirements). The environmental assessment has also been conducted for the structures or activities listed in § 105.12(b) or for which water quality certification has been granted for a Nationwide permit regulating the structure or activity and the environmental assessment requirements have been deemed satisfied.
§ 105.16. Environmental, social and economic balancing.
(a) If the Department determines that there may be an impact on natural, scenic, historic or aesthetic values of the environment, the Department will consult with the applicant to examine ways to reduce the adverse environmental impact. If, after consideration of mitigation measures and consistency with § 105.20a (relating to compensation for impacts to aquatic resources), the Department finds that the adverse environmental impact will occur, the Department will evaluate the public benefits of the project to determine whether the public benefits outweigh the environmental harm.
* * * * * (e) This section does not apply to dams, water obstructions or encroachments located in, along, across or projecting into wetlands. These structures or activities will be evaluated under §§ 105.17 and 105.18a—[105.20] 105.20a.
§ 105.17. Wetlands.
Wetlands are a valuable public natural resource. This chapter will be construed broadly to protect this valuable resource.
(1) Exceptional value wetlands. This category of wetlands deserves special protection. Exceptional value wetlands are wetlands that exhibit one or more of the following characteristics:
(i) Wetlands which serve as habitat for fauna or flora listed as ''threatened'' or ''endangered'' under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C.A. §§ 4601-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531—1543), the Wild Resource Conservation Act (32 P.S. §§ 5301—5314), 30 Pa.C.S. (relating to [the] Fish and Boat Code) or 34 Pa.C.S. (relating to [the] Game and Wildlife Code).
(ii) Wetlands that are hydrologically connected to or located within 1/2-mile of wetlands identified under subparagraph (i) and that maintain the habitat of the threatened or endangered species within the wetland identified under subparagraph (i).
(iii) Wetlands [that are] located in or along the floodplain of the reach of a wild trout stream [or waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto, or wetlands within the corridor of a watercourse or body of water that has been designated as a National wild or scenic river in accordance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.A. §§ 1271—1287) or designated as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P.S. §§ 820.21—820.29)] and the floodplain of streams tributary thereto.
(iv) Wetlands located in or along the floodplain of waters listed as exceptional value under Chapter 93 (relating to water quality standards) and the floodplain of streams tributary thereto.
(v) Wetlands located within the corridor of a watercourse or body of water that has been designated as a National wild or scenic river in accordance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C.A. §§ 1271—1287) or designated as wild or scenic under the Pennsylvania Scenic Rivers Act (32 P.S. §§ 820.21—820.29).
[(iv)] (vi) Wetlands located along an existing public or private drinking water supply, including both surface water and groundwater sources, that maintain the quality or quantity of the drinking water supply.
[(v)] (vii) Wetlands located in areas designated by the Department as ''natural'' or ''wild'' areas within State forest or park lands, wetlands located in areas designated as Federal wilderness areas under the Wilderness Act (16 U.S.C.A. §§ 1131—1136) or the Federal Eastern Wilderness Act of 1975 (16 U.S.C.A. § 1132) or wetlands located in areas designated as National natural landmarks by the Secretary of the Interior under the Historic Sites Act of 1935 (16 U.S.C.A. §§ 461—467).
(2) Other wetlands. This category includes wetlands not categorized as exceptional value wetlands.
(3) Permits. The Department will maintain a list of permit decisions involving wetlands. This list will be a matter of public record and will be available for inspection at the Department's offices.
§ 105.18a. Permitting of structures and activities in wetlands.
(a) Exceptional value wetlands. Except as provided for in subsection (c), the Department will not grant a permit under this chapter for a dam, water obstruction or encroachment located in, along, across or projecting into an exceptional value wetlands, or otherwise affecting an exceptional value wetland, unless the applicant affirmatively demonstrates in writing and the Department issues a written finding that the following requirements are met:
* * * * * (7) The applicant [shall] must replace affected wetlands in accordance with § 105.20a (relating to [wetland replacement criteria] compensation for impacts to aquatic resources).
(b) Other wetlands. Except as provided for in subsection (c), the Department will not grant a permit under this chapter for a dam, water obstruction or encroachment in, along, across or projecting into the wetland which is not an exceptional value wetland, or otherwise affecting the wetland, unless the applicant affirmatively demonstrates in writing and the Department issues a written finding that the following requirements are met:
* * * * * (7) The applicant [will] must replace the affected wetlands to compensate for unavoidable impacts, in accordance with § 105.20a.
* * * * * § 105.20a. [Wetland replacement criteria] Compensation for impacts to aquatic resources.
[(a) Wetlands replacement must meet the following general criteria:
(1) Area ratio. The wetland shall be replaced at a minimum area ratio of replacement acres to affected acres of 1:1. The Department may require the area ratio to exceed 1:1 based on a determination of the area affected and the functions and values which will be destroyed or adversely affected by the project. For structures or activities constructed without a permit, and for which mitigation, as defined in § 105.1 (relating to definitions), cannot be achieved, the wetland shall be replaced at a minimum area ratio of 2:1 (replacement acres: affected acres). The Department may require the area ratio to exceed 2:1 based on a determination of the area affected and the functions and values which were destroyed or adversely affected by the project.
(2) Function and value replacement. Functions and values that are physically and biologically the same as those that are lost shall be replaced at a minimum ratio of 1:1. The Department may require the functions and values ratio to exceed 1:1 based on the area affected and on the functions and values which will be destroyed as adversely affected by the project and the replacement ratio. For structures or activities constructed without a permit, and for which mitigation, as defined in § 105.1, cannot be achieved, the wetland shall be replaced at a minimum area ratio of 2:1. The Department may require the area ratio to exceed 2:1 based on a determination of the area affected and the functions and values which were destroyed or adversely affected by the project.
(3) Siting criteria. Replacement shall be located adjacent to the impacted wetland unless an alternative replacement site is approved by the Department. Alternative replacement sites will generally not be approved unless the replacement site is located within the same watershed as the wetland being replaced or within the designated boundaries of the coastal zone management area where the loss occurs.
(b) In addition to the general criteria in subsection (a), the Department will use its guidelines entitled ''Design Criteria for Wetlands Replacement'' in making decisions under this section. These guidelines provide for design, flexibility and utilization of best available technology in environmental engineering. These guidelines are available from the Division of Rivers and Wetlands Conservation, Post Office Box 8761, Harrisburg, Pennsylvania 17105-8761.]
The requirements of this section are necessary and proper to carry out the purposes of the act and are consistent with Federal mitigation requirements under section 314(b) of the 2004 National Defense Authorization Act (Pub.L. No. 108-136), section 404 of the Clean Water Act (33 U.S.C.A. § 1344) and the regulations thereunder at 40 CFR Part 230, Subpart J (relating to compensatory mitigation for losses of aquatic resources).
(a) Compensatory mitigation for a proposed project. Where the applicant proposing a dam, water obstruction or encroachment demonstrates that impacts to aquatic resources cannot be avoided or further minimized by limiting the degree or magnitude of the proposed project or its implementation, or by rectifying the impact by repairing, rehabilitating or restoring the affected aquatic resources, the applicant must reduce or eliminate the impact through compensatory mitigation by replacing the aquatic resource functions that will be impacted or by providing substitute resources or environments.
(b) No net loss of wetlands. The Department will track wetland losses and gains that occur as a result of the implementation of this chapter and ensure that, at a minimum, there is a no net loss of wetland resources within the service areas as identified in subsection (c) as follows.
(c) Siting criteria for service areas. An applicant may plan for compensatory mitigation by including a proposal to use a Department approved mitigation bank, in-lieu fee program or permittee responsible mitigation site. Compensatory mitigation for impacts to aquatic resources will generally not be approved unless the compensatory mitigation site is located within the same designated watershed boundaries identified by the Department.
(d) Compensation factors. The applicant must provide information for, and the Department will evaluate, the following factors when determining the appropriate amount of compensatory mitigation for impacts to aquatic resources that cannot be eliminated following subparagraph (i)(A)—(C) of mitigation as defined under § 105.1 (relating to definitions).
(1) The area impacts, including the following aquatic resource impacts under § 105.13(e)(1)(x) (relating to regulated activities—information and fees):
(i) Direct impacts.
(ii) Indirect impacts.
(iii) Secondary impacts.
(2) The aquatic resource functions affected by the proposed project.
(3) The level of effect of the proposed project on the aquatic resource functions.
(4) The ecological and public value of the aquatic resource.
(5) The value of proposed compensatory mitigation actions to reestablish and rehabilitate environmental and aquatic resources.
(e) Methodologies. When determining the appropriate amount of compensatory mitigation, an applicant may use the Department's function based aquatic resource compensation protocol (technical guidance 310-2137-001), as amended, and aquatic resource assessment protocols (technical guidance 310-2137-002, 310-2137-003, 310-2137-004), as amended, or another equivalent alternative methodology acceptable to the Department for assessing a project's proposed effects on aquatic resources and aquatic resource functions.
(f) Monitoring and performance standards.
(1) The permittee must provide a plan to monitor compensatory mitigation which includes:
(i) The monitoring period and frequency.
(ii) Site-appropriate performance standards.
(iii) A means to identify and correct performance deficiencies.
(iv) Assurances for management and long-term protection of the compensation site, including proof of financial responsibility under § 105.13b (relating to proof of financial responsibility), where applicable.
(2) The permittee must monitor for performance deficiencies and implement corrective actions in accordance with a plan approved by the Department.
(3) Compensatory mitigation must be designed to achieve self-sustaining environmental benefits, aquatic resources or aquatic resource functions.
(4) If a permittee transfers ownership or responsibility for a mitigation site, the Department must be notified in writing within 30 days of the transaction. The new owner or responsible party must acknowledge in writing to the Department adherence to the monitoring and performance standards of the plan and all related special conditions of the permit, when applicable.
(g) Structures or activities constructed without a Department permit. For structures or activities constructed without a Department permit or registration issued under this chapter, and for which mitigation cannot be achieved, the compensatory miti- gation as determined previously must be performed at a minimum ratio of 2:1 (replacement area to affected area). The Department may require the ratio to exceed 2:1 based on a determination of the area(s) affected, the aquatic resource functions destroyed or adversely affected by the project and the willfulness of the violation.
PERMIT ISSUANCE, TRANSFER AND REVOCATION § 105.21. Criteria for permit issuance and denial.
* * * * * (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] compensatory mitigation under § 105.20a (relating to [wetland replacement criteria] compensation for impacts to aquatic resources), and with other laws administered by the Department, the Pennsylvania Fish and Boat Commission and river basin commissions created by interstate compact.
(2) The Department determines that the structure or activity does not comply with the standards and criteria of this title and with other laws administered by the Department, the Pennsylvania Fish and Boat Commission and river basin commissions created by interstate compact, that the effect on wetlands will be mitigated, and at least one of the following is met:
(i) Restoration would cause destruction of a dwelling occupied by a person who had no role in the planning or construction of the project.
(ii) Restoration may result in more [long term] long-term damage than would be caused by allowing the project to remain in place.
(iii) Restoration would be unsuccessful due to material changes in the condition of the site and its surrounding area.
(iv) There are extraordinary circumstances which preclude restoration.
* * * * * (e) In an appeal from a Department action concerning a permit application to operate and maintain a dam, water obstruction or encroachment, the applicant has the burden of proving that there is no reasonable basis for the Department's action.
(f) Issuance or denial of a permit under this chapter also constitutes concurrent issuance or denial of a Clean Water Act Section 401 water quality certification request under § 105.15 for structures and activities that do not require any Federal authorization other than authorization from the United States Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C.A. § 1344) or sections 9 and 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §§ 401 and 403) unless the structures or activities qualify for the State Programmatic General Permit program or Nationwide permit coverage and the Department has issued conditional certification or has otherwise waived certification for those categorical structures and activities.
§ 105.25. Transfer of permits.
(a) A permit must be transferred, or notification must be provided to the Department, as follows:
* * * * * (3) If the owner and permittee are not the same person and there is a change in ownership of the dam, but not of the 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 of the transfer of ownership.
(b) A permit will only be transferred [upon] on application to and approval by the Department. An application for transfer [shall] must be submitted on forms provided by the Department.
* * * * * (e) The original permittee will not be relieved of an obligation to comply with this chapter, the terms and conditions of the permit or an order issued by the Department until the transfer has been approved.
(f) An owner of a dam that does not require a permit shall notify the Department in writing of a change in ownership within 30 days after the transfer of ownership occurs.
[(f) Upon] (g) On 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. The Department may prepare a new permit to replace worn or obsolete documents.
SUBMERGED LANDS OF THE COMMONWEALTH—LICENSES AND ANNUAL CHARGES § 105.35. Charges for use and occupation of submerged lands of this Commonwealth.
(a) Except as provided in subsections (b) and (c), the following charges apply to the granting of an easement, right-of-way, license or lease to occupy submerged lands of this Commonwealth issued under section 15 of the act (32 P.S. § 693.15) and § 105.32 (relating to projects—proper purpose):
(1) For commercial utility and other dams, water obstructions and encroachments except as listed in subsection (c), annual license charges:
(i) For areas occupied by facilities, $150 per tenth of an acre.
(ii) For barge fleeting and barge mooring areas, $30 per tenth of an acre.
(iii) Minimum annual charge, $750.
(2) For private recreation docks, owned and used solely by the owners of adjacent riparian property, unless the project is otherwise authorized by a general permit for small docks and boat ramps issued under section 7 of the act (32 P.S. § 693.7), an annual charge of $250.
(3) For a groin structure in or along the shoreline of Lake Erie, an annual charge of $250.
(b) Licenses for public service lines crossing or occupying submerged lands of this Commonwealth, issued under section 15 of the act or section 514 of The Administrative Code of 1929 (71 P.S. § 194) are subject to the following schedule of annual charges:
Length of Crossings Charges
(in feet) (in dollars) Less than 500 750 500 to 999 1,500 1000 to 1499 3,000 1500 to 1999 4,500 2000 to 2499 6,000 2500 to 2999 7,500 3000 to 3499 9,000 3500 to 3999 10,500 4000 to 4499 12,000 4500 to 4999 13,500 5000 and over 15,000 (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:
* * * * * (6) A structure or facility constructed and operated exclusively to improve fish habitat, under a cooperative agreement with the Pennsylvania Fish and Boat Commission.
(7) A private recreational dock constructed, operated or maintained under a general permit registration issued under section 7 of the act (32 P.S. § 693.7).
(8) A project or activity constructed and operated for the significant benefit of the environment, including the following:
(A) Restoration of aquatic resources.
(B) An agricultural conservation practice.
(C) Environmental reclamation or remediation
(D) Environmental treatment or clean-up.
(E) Other similar activities performed under a Department authorized permit or registration under this chapter.
(9) A project or activity of a temporary nature of 1 year or less, unless the Department authorizes a longer period in writing, for which the site of the project or activity will be fully restored to its previous condition consistent with one or more Department authorized permits or registrations under this chapter.
(d) The annual charges imposed in subsections (a) and (b) may be revised by the [EQB] Environmental Quality Board after approval by the Governor and reasonable notice to the holder of a license issued under this section.
* * * * *
CONSTRUCTION REQUIREMENTS AND PROCEDURES § 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) For water obstruction and encroachments, if the construction is not completed on or before the dates established in the permit, unless extended by the Department in writing, the permit shall become void without further notification by the Department.
(c) [For dams, unless otherwise stated, if work authorized by the dam permit or other Department approval has not commenced on or before December 31 of the 5th year following permit issuance or other Department approval, the permittee or owner shall notify the Department 6 months prior to the anticipated commencement of work so that the project design can be reassessed and reauthorized in writing. During the design reassessment, the permittee or owner may be required to make revisions due to changes in site conditions, dam classification, new technology or revisions to this chapter. At any time if the permittee or owner does not intend to perform the work, the Department shall be notified in writing and the Dam Permit or Department approval will become void without further notification by the Department.] For dams, the following apply:
(1) If work authorized under a dam permit or other Department approval has not commenced on or before the date established in the permit or other Department approval, the permit or other Department approval shall become void without further notification by the Department, unless the permittee requests and is granted an extension by the Department in writing.
(2) If work authorized under a dam permit or other Department approval will commence but will not be completed on or before the date established in the permit or other Department approval, unless extended by the Department in writing, the permittee or dam owner shall notify the Department 90 days before the anticipated commencement of work so that the Department can reassess the project design and reauthorize or extend the approval. During the project design reassessment, the Department may require the permittee or dam owner to revise the project design due to changes in site conditions, changes in dam classification, new technology or revisions to this chapter.
(3) If the permittee or dam owner does not intend to perform the work authorized under a dam permit or other Department approval, the Department must be notified in writing. The dam permit or other Department approval will become void on receipt of the notice by the Department, without further notification by the Department.
§ 105.47. Removal of 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 regulated waters of this Commonwealth] aquatic resources to their former condition.
(b) Prior to discontinuing use or abandonment, the permittee or owner of a water obstruction or encroachment covered by this chapter, shall remove all or part of the [facility] water obstruction or encroachment which poses a threat to public health, safety, property, or environment, or no longer serves a purpose and shall take other actions as necessary to protect the public health, safety, property and the environment [in accordance with] under 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 public health, safety [and], property, or the environment [in accordance with] under a permit or other approval issued by the Department.
OPERATION, MAINTENANCE AND INSPECTION § 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), annual reports regarding the condition of the dam, affixed with the seal of a registered professional engineer and certification, which reads ''This is to certify that the above dam has been inspected and the following are the results of the inspection.'', [shall] must 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,] The Department may require more frequent reports of dam conditions if conditions indicate the reports are necessary to assure adequate protection of health, safety and property.
(3) For Hazard Potential Category 1 and Category 2 dams as classified in § 105.91, internal conduit inspections of all piping systems passing through or under the dam must be performed at least once every 10 years. The inspection must include the outlet conduit, intake, gates, valves and other appurtenant features. A report detailing the conduit inspection must contain color photographs or video and must be submitted to the Department for review within 120 days of the close of the 10-year period. The Department may accept less frequent reports of conduit conditions if the Department determines that conditions indicate an acceptable serviceable life of the conduit remains to assure the adequate protection of health, safety and property.
[(3)] (4) For local flood protection projects, annual reports regarding the condition of the flood protection facility [shall] must be submitted to the Department on or before December 31 of each year.
[(4)] (5) 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)] (6) 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)] (7) 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)] (8) 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 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.
Subchapter B. DAMS AND RESERVOIRS
PERMITS, LETTERS OF AMENDMENTS AND LETTERS OF AUTHORIZATIONS§ 105.81. Permit applications for construction and modification of dams and reservoirs.
(a) In addition to the information required under §§ 105.13, 105.13a, 105.13b and 105.15, permit applications under this subchapter for the construction or modification of dams and reservoirs must provide the following information:
* * * * * (2) Site plan and cross [sectional views] sections required under [§ 105.13(d)(1)(i)] § 105.13(e)(1)(i) (relating to permit applications-information and fees).
(3) Construction plans, specifications and design reports to evaluate the safety, adequacy and suitability of the proposed dam, reservoir and appurtenant works in order to determine compliance with this chapter.
* * * * * § 105.82. Permit applications for operation and maintenance of existing dams and reservoirs.
(a) In addition to information required under §§ 105.13, 105.13b and 105.15 (relating to permit applications—information and fees; proof of financial responsibility; and environmental assessment), a permit application for the operation and maintenance of existing dams and reservoirs must provide the following information:
(1) Site plan and cross [sectional views] sections required under [§ 105.13(d)(1)(i)] § 105.13(e)(1)(i).
(2) ''As built'' construction plans, specifications and design reports not already on file with the Department, which show the type, size, height and other pertinent dimensions and features of the existing dam and reservoir and appurtenant works.
* * * * * (8) The EAP for the dam or reservoir, if completed, or work plan to prepare and submit an EAP in accordance with § 105.134 (relating to EAP).
(9) [Proof] For dams constructed or modified after July 1, 1979, proof of title or flowage easements for land areas below the top of the dam elevation that is subject to inundation.
(10) Reports of the most recent inspections of the dam conducted by the owner or by the State or Federal government agencies.
* * * * * § 105.89. Letters of Amendment and Letters of Authorization for modification of dams and reservoirs.
(a) Projects which do not modify top of dam elevation, normal pool elevation, or normal operation of the pool level may be authorized by Letter of Amendment when the dam has an existing permit or by Letter of Authorization when the dam meets § 105.12(b) (relating to waiver of permit requirements). The permittee or owner shall provide the following information:
* * * * * (2) In addition to the site plan and cross [sectional views] sections required under [§ 105.13(d)(1)(i)] § 105.13(e)(1)(i) (relating to permit applications—information and fees), construction plans, specifications and design reports in sufficient detail to evaluate the safety, adequacy and suitability of the proposed dam, reservoir and appurtenant works, and a schedule indicating proposed commencement and completion dates for construction.
(3) For projects involving storage of fluids or semifluids other than water, information concerning the chemical content, viscosity and other pertinent physical characteristics of the fluid or semifluid impounded.
* * * * *
CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION AND MAINTENANCE § 105.96. Outlet works.
(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.] with a combined capacity to achieve both of the following:
(1) Drain the top 2 feet of reservoir storage below normal pool in 24 hours.
(2) Convey the reservoir inflow, which must be based on the mean annual flow. The mean annual flow must be determined through use of U.S.G.S. regression equations, from an analysis of stream gages or other Department-approved methodologies.
(b) The maximum drawdown rate for reservoirs impounded by earthfill dams may not exceed 1 foot per day without prior approval by the Department unless a partial or complete drawdown is being conducted under §§ 105.63 and 105.135 (relating to emergency procedures; and dam hazard emergencies). 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.
[(c) Under normal conditions, the maximum rate of drawdown for reservoirs impounded by earthfill dams should not exceed 1 foot per day without prior approval by the Department. Under emergency conditions, the maximum rate of partial or complete drawdown of reservoirs must be approved by the Department, when feasible.
(d)] (c) Each outlet works must include upstream closure, trashrack, [and] a means of dissipating the energy of flow at its outlet and, if applicable, seepage filtering diaphragms to assure conveyance of flow without endangering the safety and integrity of the dam or the natural environment of the stream.
(d) The Department may waive or modify one or more of the requirements under subsections (a) through (c) to provide for the integrity of the dam and to protect life, health, safety, property and the environment with an adequate margin of safety.
§ 105.97. Stability of structures.
* * * * * (d) Gravity dams must be demonstrated to be stable [for the following conditions:
(1) Normal pool with appropriate uplift pressures, ice loads and silt loads with a factor of safety of 2.0.
(2) Maximum pool with appropriate uplift pressures and silt loads with a factor of safety of 1.7.
(3) Normal pool with appropriate uplift pressures and silt loads under seismic forces produced by the maximum credible earthquake with a factor of safety of 1.3.
(e) For gravity dams, the overturning stability is acceptable when the resultant of all forces acting on the dam is located as follows:
(1) Within the middle third of the structure for normal pool conditions.
(2) Within the middle half of the structure for maximum pool conditions.
(3) Within the structure for earthquake conditions.
(f) For gravity dams, the foundation bearing pressures must be less than or equal to the allowable for no pool, normal pool and maximum pool conditions and less than 133% of the allowable for earthquake conditions.
(g) The factors of safety for earthfill dams or gravity dams must be the higher of:
(1) The factors of safety in subsections (c) and (d).
(2) The factors of safety in the most recent Engineering Manuals developed by the United States Army Corps of Engineers relating to stability of dam structures.] under the most recent engineering manuals developed by the United States Army Corps of Engineers relating to stability of dam structures. The demonstration must use appropriate uplift pressures, ice loads and silt loads.
[(h)] (e) The Department may, in its discretion, consider a revised factor of safety for a class of dams or reservoirs when it can be demonstrated that the factor of safety provides for the integrity of the dams or reservoirs and adequately protects life and property.
§ 105.98. Design flood criteria.
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.] For dams of Hazard Potential Category 1 or 2, the design flood must be based on the results of an IDBA or in cases where an IDBA has not been performed, the design flood must be the PMF. 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-1, A-2, B-1, B-2, C-1, C-2 PMF unless IDBA performed 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
PROTECTION AND RESTORATION OF
AQUATIC LIFE§ 105.121. Fishways.
[Upon] On the request of the Pennsylvania Fish and Boat Commission, the permittee shall install and maintain chutes, slopes, fishways, gates or other devices that the Pennsylvania Fish and Boat Commission may require under 30 Pa.C.S. §§ 3501—3505.
§ 105.122. Drawdown of impounded waters.
Impounded waters which are inhabited by fish may not be drawn down except with the written approval of the Pennsylvania Fish and Boat Commission under 30 Pa.C.S. § 3506 (relating to drawing off or interference with dams or devices).
§ 105.123. Restoration of aquatic life.
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, 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 Pennsylvania 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.
OPERATION, MAINTENANCE AND EMERGENCIES § 105.134. EAP.
(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] must be submitted to the Department and [approved] acknowledged 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 permittees or 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] must 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] under the most recent EAP [guidelines] template developed by the Department and PEMA and must be uploaded into the online emergency management planning system.
(b) [Upon approval] On Department and PEMA acknowledgment of the EAP, the permittee or owner shall provide a copy of the [signed approved] acknowledged EAP to the municipal emergency management agencies and the emergency response agencies listed in the EAP.
(c) Within 60 days of the date of the Department's [approval letter] acknowledgment, the permittee or owner shall provide the Department with a written statement certifying that [a signed approved] an acknowledged copy of the EAP has been provided to each municipal emergency management agency and to each emergency response agency listed in the EAP.
(d) In addition to [the requirements in] meeting subsections (a), (b) and (c), the permittee or owner of a Hazard Potential Category 1 or Category 2 dam shall post notices in public locations in areas that may be affected by the failure of the dam. The [notice] notices must indicate that copies of the EAP are available for review at the appropriate county and municipal emergency management offices. Also, the [notice shall] notices must be posted by the permittee or owner in public places within each political subdivision situated within the inundation area downstream of the dam. The [notice shall] notices must be posted in the city, borough[,] and township buildings in the affected municipalities, with the management's permission. Additionally, the [notice shall] notices must be posted in locations within or near the inundation area, such as[,] post offices, libraries, grocery stores[, or] and gas stations, with the management's permission.
(e) Within 60 days of the date of the Department's [approval] acknowledgment letter, the permittee or owner shall provide the Department with a written statement certifying that the [notice has] notices have been posted in the locations listed in the EAP. The permittee or owner shall certify in each subsequent annual inspection report, as required [in § 105.53(a)] under § 105.53(a)(2), that the notices remain posted or were reposted in the locations listed in the EAP.
(f) The EAP shall be reviewed and updated every 5 years or at the frequency interval indicated in the most recent EAP [guidelines] template developed by the Department and PEMA.
(g) The [Department may require the] EAP must be updated [, as necessary, if there is a new owner or operator, if changes occur in the downstream inundation area or in the Hazard Potential Category.] if either of the following circumstances occur:
(1) There is a new permittee, owner, owner's representative or operator.
(2) Changes occur in the downstream inundation area or in the Hazard Potential Category.
Subchapter C. CULVERTS AND BRIDGES
DESIGN CRITERIA FOR CONSTRUCTION OR MODIFICATION § 105.161. Hydraulic capacity.
(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 and the geomorphic stability 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.
* * * * * (e) The structures shall pass the 100-year frequency flood with less than a 1.0-foot increase in the natural unobstructed 100-year water surface elevation, except where the structure would be located in a floodway which is delineated on a FEMA map, in which case no increase in the 100-year water surface elevation will be permitted. Exceptions to this criteria may be approved by the Department if the applicant prepares a risk assessment which demonstrates, and the Department finds, that the structure will not significantly increase the flooding threat to life and property or the environment, and if applicable, is consistent with municipal floodplain management programs adopted under the National Flood Insurance Program and a FEMA Flood Insurance Study. [This information may be obtained from the Department of Community Affairs, Floodplain Management Division, Forum Building, Harrisburg, Pennsylvania 17120.]
OPERATION AND MAINTENANCE § 105.171. Maintenance.
* * * * * (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 Department's Standards for Channel Cleaning at Bridges and Culverts, as updated and amended. [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.]
Subchapter E. CHANNEL CHANGES AND DREDGING FOR FACILITY
CONSTRUCTION AND MAINTENANCE
CRITERIA FOR APPROVAL FOR
CONSTRUCTION OR MODIFICATION§ 105.245. Disposal of waste materials.
(a) Discharge of dredged material into [the regulated waters of this Commonwealth] aquatic resources shall be subject to Subchapter J (relating to discharges of dredged and fill material).
(b) Dredged spoil and sludge deposits collected during the operation shall be deposited in a location and a manner approved by the Department.
(c) Bilge, ballast or wastewater from dredging operations shall not be discharged to the stream without removal of oils, petroleum products or toxic or hazardous compounds as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901—6986) in a manner approved by the Department.
Subchapter J. DISCHARGES OF
DREDGED OR FILL MATERIAL
PERMITS § 105.401. Permit applications.
In addition to the requirements of § 105.13 (relating to permit applications—information and fees) and other applicable requirements of this chapter, applications for discharges of dredged or fill material into [the regulated waters of this Commonwealth shall] aquatic resources must contain the following information:
(1) The location of [a] public water supply wells within one mile measured radially from the proposed project boundary and all public water supply [intake] intakes located within 1 mile upstream and 10 miles downstream of the proposed project boundary.
(2) The location of areas of shell-fish production.
(3) The impact of the activity [upon] on a threatened or endangered species as identified under the Endangered Species Act of 1973 (7 U.S.C.A. § 136; 16 U.S.C.A. §§ 460l-9, 460k-1, 668dd, 715i, 715a, 1362, 1371, 1372, 1402 and 1531—1543), and the critical habitat of the species.
(4) The impact of the activity [upon] on those species of aquatic life indigenous to the waterbody.
(5) [The amount of percentage of the discharge that will consist of toxic material regulated under section 6 of the Toxic Substances Control Act (15 U.S.C.A. § 2605) or hazardous materials as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901—6986) in other than trace quantities.] A demonstration that the dredged or fill material is uncontaminated, nonwater-soluble, nondecomposable, inert solid material. An applicant may use the Department's Management of Fill Policy (258-2182-773) or other equivalent alternative methodology to make this demonstration. For dredged or fill material containing a toxic material regulated under section 6 of the Toxic Substances Control Act (15 U.S.C.A. § 2605), a hazardous waste as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. §§ 6901—6986 or a hazardous material as defined by regulation at 49 CFR 171.8 (relating to definitions and abbreviations) that is not included in the Management of Fill Policy, a demonstration must be made that a discharge into waters will not contain an amount that will cause an adverse impact to human health, safety or the environment.
(6) A demonstration that the quantity of dredged or fill material to be used is limited to what is necessary to complete the project.
[(6)] (7) Other information as the Department may require.
CRITERIA FOR APPROVAL § 105.411. General criteria.
The Department will not approve an application to discharge dredged or fill material into [regulated waters of this Commonwealth] aquatic resources, unless the applicant demonstrates to the Department that applicable criteria under this chapter are met and a public benefit [which] outweighs the [damage] adverse impact to the [public natural resources if] public health, safety and environment, when one or more of the following [is true] criteria exists:
(1) The discharge is to a spawning area during spawning season.
(2) The discharge would restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the waters unless the primary purpose of the fill is to impound waters.
(3) The discharge is into [regulated waters of this Commonwealth, except wetlands,] aquatic resources which are breeding, feeding or nesting areas for migratory [water birds] waterfowl.
Subchapter L. GENERAL PERMITS § 105.446. Procedure for issuance.
(a) At least 60 days prior to issuance of a general permit, the Department will:
(1) Publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit and locations for obtaining standardized plans.
(2) Provide written notice of the proposed general permit to the United States Army Corps of Engineers; the United States Coast Guard; the United States Fish and Wildlife Service; the United States Environmental Protection Agency; the Pennsylvania Fish and Boat Commission; the Pennsylvania Game Commission; applicable river basin commissions created by interstate compact; county agencies holding delegations under § 105.4 (relating to delegations to local agencies) and other interested Federal, State or interstate agencies or commissions.
(b) An opportunity shall be provided for interested members of the public, Federal and State agencies to provide written comments on a proposed general permit.
(c) The Department may, at its discretion, hold a public hearing on a proposed general permit for the purposes of gathering information and comments.
(d) General permits issued by the Department will be published in the Pennsylvania Bulletin at least 30 days prior to the effective date of the permits, as required [by] under section 7(d) of the [Dam Safety and Encroachments] Act (32 P.S. § 693.7(d)).
(e) The Department will periodically review issued general permits for adequacy and when necessary or appropriate make revisions, updates or revocation of a general permit.
Subchapter M. STATEMENTS OF POLICY
WETLANDS § 105.451. Identification and delineation of wetlands—statement of policy.
* * * * * (c) The Department adopts and incorporates by reference the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1, January 1987) along with the guidance provided by the United States Army Corps of Engineers, Major General Arthur E. Williams' memorandum dated 6 March 1992, Clarification and Interpretation of the 1987 Manual and any subsequent changes as the methodology to be used for identifying and delineating wetlands in this Commonwealth. The 1987 Corps Wetland Delineation Manual[, Publication No. ADA 176734 is available from the National Technical Information Service (NTIS), Springfield, VA 21161, or telephone: (703) 487-4650] may be found online. Copies of the Supplemental Guidance, including Regional Supplemental Guidance, issued by the Corps concerning use of the 1987 Manual, [(that is, the October 7, 1991, Questions and Answers, and the March 6, 1992, Clarification and Interpretation Memorandum) as well as the Administration's Wetlands Plan of August 24, 1993, may be obtained by contacting the regulatory branch of a local Corps District, or the EPA Wetlands Hotline at (800) 832-7828. For more information, contact Pennsylvania Department of Environmental Protection, Bureau of Dams, Waterways and Wetlands, Post Office Box 8554, Harrisburg, Pennsylvania 17105-8554, telephone (717) 787-6827] may also be found online.
§ 105.452. Status of prior converted cropland—statement of policy.
(a) This section sets forth the policy of the Department as to the status of prior converted cropland in this Commonwealth.
* * * * * (c) Naturally occurring events, including variations in long-term climatic conditions, may result in either creation or alteration of wetlands. It is necessary to determine whether alterations to an area have resulted in changes that are now ''normal circumstances'' of the particular area. The Department recognizes and adopts the concept of ''prior converted cropland,'' as defined in the National Food Security Act Manual ([180-V-NFSAM, Third Edition, March 1994] Fifth Edition 180-NFSAM-514-D-514.30, December 2018, as revised by Circular 190-18-1, as amended), as ''normal circum-stances'' as the [term] phrase is used in the definition of wetlands in § 105.1 (relating to definitions). [These prior converted croplands are not regulated as wetlands under the Commonwealth's Wetland Protection Program contained in this chapter. Prior] The Department acknowledges the definitions of prior converted cropland, farmed wetland and converted wetland [is defined] found in the National Food Security Act Manual [, as wetlands that were drained, dredged, filled, leveled or otherwise manipulated, including the removal of woody vegetation, before December 23, 1985, and have not been abandoned, for the purpose of, or to have the effect of making the production of an agricultural commodity possible, and an agricultural commodity was planted or produced at least once prior to December 23, 1985.] (NFSAM). For the purpose of the Department's policy:
[(1) Abandonment is the cessation of cropping, forage production or management on prior converted cropland for 5 consecutive years, so that:
(i) Wetland criteria are met.
(ii) The area has not been enrolled in a conservation set-aside program.
(iii) The area was enrolled in a State or Federal wetland restoration program other than the Wetland Reserve Program.
(2) Prior converted cropland may also be considered abandoned if the landowner provides written intent to abandon the area and wetland criteria are met.]
(1) Prior converted cropland means a converted wetland that, before December 23, 1985, was drained or otherwise manipulated for the purpose, or having the effect, of making the production of an agricultural product possible.
(2) Prior converted croplands are not regulated as wetlands under this chapter when used for crop production, unless they have been abandoned and have reverted to wetlands.
(3) The Department will consider prior converted cropland to be abandoned when one of the following occurs under subparagraphs (i)—(iv):
(i) Crop production ceases to be established, due to any of the following circumstances under clauses (A)—(E):
(A) The landowner establishes intent to convert the area to another use.
(B) The area has been or is being converted to another use.
(C) The area was not used for, or in support of, crop production at any time in the past 5 years.
(D) The area has lain idle so that modifications to the hydrologic regime, including the removal of woody vegetation, are necessary to resume operations.
(E) The area requires expansion or modification, other than maintenance, of a field drainage system to make crop production possible.
(ii) The area was or is enrolled in a conservation program.
(iii) The area was or is enrolled in a State or Federal wetland restoration program including the Wetland Reserve Program, used for compensatory mitigation, or used as part of a pollution reduction strategy.
(iv) The landowner informs the appropriate Department office's wetland program, and, when applicable, the Pennsylvania Department of Agriculture or the United States Department of Agriculture Natural Resource Conservation Service (USDA NRCS) of the intent to abandon the area in writing and wetland criteria are met. Prior converted cropland will be considered abandoned on receipt of the landowner's correspondence unless the landowner otherwise identifies a specific date to abandon the area.
(d) In reviewing information relating to prior converted cropland as normal circumstances for the purpose of making a wetland determination:
(1) The Department will accept a certified wetland determination performed by the USDA NRCS of prior converted cropland.
(2) The Department retains final authority to make independent regulatory and state jurisdic-tional determinations, and any action taken by the Department shall be consistent with the criteria set forth in § 105.21 (relating to criteria for permit issuance and denial).
[(d)] (e) This policy [change] does not affect the exemption for plowing, cultivating, seeding and harvesting for the production of food, fiber and forest products or the waiver for maintenance of field drainage systems found at § 105.12(a)(7) and (8) (relating to waiver of permit requirements).
[Pa.B. Doc. No. 20-1693. Filed for public inspection December 4, 2020, 9:00 a.m.]
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