§ 89.89. Permanent impoundments.
Permanent impoundments are prohibited unless 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 or water from the impoundment shall not degrade the quality of receiving waters of the Commonwealth to less than the water quality standards established under applicable State and Federal laws.
(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 design requirements of § 89.111 or § 89.112 (relating to performance standards) as appropriate.
(6) The size of the impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the approved postmining land use.
Source The provisions of this § 89.89 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
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