25 Pa. Code § 105.131. Operation maintenance and monitoring.

OPERATION, MAINTENANCE AND EMERGENCIES

§ 105.131. Operation maintenance and monitoring.

(a)  In addition to the requirements of § §  105.51—105.54 (relating to operation, maintenance and inspection), the permittee or owner of a dam shall follow the operation and maintenance manual for the dam, and the emergency action plan if required under §  105.134 (relating to EAP), as approved by the Department and shall implement a monitoring plan as required under §  105.81(a)(4) (relating to permit applications for construction and modification of dams and reservoirs).
(b)  A permittee or owner of a dam or reservoir may not modify or cease implementation of all or part of the approved plans and methods of operation or monitoring without the prior approval of the Department by permit, Letter of Amendment, or Letter of Authorization. The permit will be issued in accordance with §  105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs). The Letter of Amendment or Letter of Authorization will be issued only after review and approval of necessary engineering calculations, construction plans and construction specifications. If the project impacts wetlands or exceptional value waters, or if the project requires 401 water quality certification, an environmental assessment shall also be submitted to the Department for review and approval under §  105.15 (relating to environmental assessment). Modifications of a dam are subject to the construction requirements and procedures under Subchapters A and B (relating to general provisions; and dams and reservoirs), unless specifically waived by the Department.
(c)  The permittee or owner of a dam or reservoir shall operate and maintain the dam in accordance with the authorized plans and specifications. Routine maintenance of the dam and the reservoir’s design storage capacity will not require further authorization under this chapter except as provided in §  105.122 (relating to drawdown of impounded waters).

Authority

   The provisions of this §  105.131 amended under the Dam Safety and Encroachments Act (32 P. S. § §  693.1–693.27); The Clean Streams Law (35 P. S. § §  691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §  597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § §  679.101—679.601).

Source

   The provisions of this §  105.131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207729).

Cross References

   This section cited in 25 Pa. Code §  105.81 (relating to permit applications for construction and modification of dams and reservoirs); and 25 Pa. Code §  105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs).

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