§ 105.135. Dam hazard emergencies.
(a) For the purposes of this section, a dam hazard emergency means a condition which the Department, permittee or owner of the dam reasonably finds constitutes an imminent threat to life or property above or below a dam, whether arising from the condition of the dam and appurtenant works or extraordinary natural conditions, affecting the safety and stability of the dam, including flood, earthquake and ice jam.
(b) The emergency procedures and the EAP required under § § 105.63 and 105.134 (relating to emergency procedures; and EAP) shall be followed by the permittee and owner of a dam or reservoir in the event of an actual or potential dam hazard emergency.
(c) If a dam hazard emergency exists, the permittee or owner of the dam shall immediately notify appropriate emergency management officials identified in the emergency action plan required under § § 105.63 and 105.134 of the existence of the hazard and request the authorities to initiate appropriate action to assure protection of life and property; and the permittee or owner shall immediately take actions as authorized by the Department necessary to prevent dam failure or loss of life or property.
(d) The Department, upon determining that a dam hazard emergency exists, will notify the owner immediately to take actions the Department determines are necessary to prevent dam failure or loss of life or property.
Authority The provisions of this § 105.135 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.135 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207731) to (207732).
Cross References This section cited in 25 Pa. Code § 105.63 (relating to emergency procedures); and 25 Pa. Code § 105.136 (relating to unsafe dams).
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