§ 88.301. Hydrologic balance: permanent impoundments.
Permanent impoundments may be authorized by the Department, upon the basis of the following demonstration:
(1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established under § 88.292 (relating to hydrologic balance: effluent standards).
(2) The level of water shall be sufficiently stable to support the intended use.
(3) Adequate safety and access to the impounded water shall be provided for proposed water users.
(4) Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.
(5) The design, construction and maintenance of structures shall achieve the minimum requirements of § 88.302 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).
(6) The size of the impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the approved postmining use.
Source The provisions of this § 88.301 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92639).
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