§ 105.136. Unsafe dams.
(a) For purposes of this section, an unsafe dam means a dam which meets one or more of the following criteria:
(1) A dam with deficiencies of such a nature that if not corrected could result in the failure of the dam with subsequent loss of lives or substantial property damage. This determination is based on good engineering judgment or the application of the guidelines established for the National Dam Inspection Program.
(2) A dam classified as unsafe under the National Dam Inspection Program.
(3) A dam declared as unsafe by the Department.
(b) The owner of an unsafe dam shall do the following:
(1) Immediately notify the Department upon receipt of any information indicating the dam is unsafe.
(2) Drain the reservoir as required and approved by the Department and in accordance with § 105.122 (relating to drawdown of impounded waters).
(3) Within time limits established by the Department, submit a plan for removal of the dam, a plan for repair of the dam or an application for a permit authorizing modification of the dam under subsection (c).
(4) Following approval of the plan or permit by the Department, undertake and complete actions to remove or repair the dam or implement the modifications to the dam within the time limits set by the Department.
(c) The Department may issue a permit for modification of an unsafe dam, under section 9 of the act (32 P. S. § 693.9), which authorizes the owner of an unsafe dam to modify the dam within the time prescribed in the permit to meet the requirements of the act and this chapter. The permit shall be conditioned upon:
(1) Compliance by the owner of the dam with a prescribed schedule for correction or modification of the unsafe condition within the shortest time period technically feasible and economically achievable.
(2) Implementation by the owner of the dam of measures deemed necessary by the Department to reduce risks to health, safety and the environment pending correction or modification of the unsafe condition, including, but not limited to, special provisions relating to operation, emergency planning, monitoring and warning systems, and development of an alternative source of water supply if the dam serves as a water supply dam.
(d) In determining whether to require removal of an unsafe dam or to permit the owner to modify the dam, the Department will consider whether there is a substantial adverse impact to the public health, safety and the environment which will result from the draining and removal of the dam. If the Department determines that this adverse impact outweighs the danger to public health, safety and the environment resulting from leaving the dam in place, the Department may decide to allow the unsafe dam to remain until it has been modified.
(e) At the discretion of the Department, a public hearing may be held in the affected area prior to the issuance of a permit authorizing modification of an unsafe dam over a period of more than 6 months, to inform affected communities of the risks which may result from allowing the unsafe dam to remain standing or to impound water during the time necessary to complete the modifications.
(f) If the Department finds that conditions upon which the permit, Letter of Amendment, or Letter of Authorization was issued have substantially changed or that the owner does not meet the schedule for modification contained in the permit, Letter of Amendment, or Letter of Authorization, the Department will review the status of the dam. An extension of the time period for completion of a modification may be issued by the Department if the owner has proceeded in good faith with the previous schedule of modification and the requirements of subsections (c) and (d) are met.
(g) Nothing in this section may be construed to limit the power of the Department to take immediate action, prior to public hearing, to do one or more of the following:
(1) Revoke or suspend a permit, Letter of Amendment, or Letter of Authorization when deemed necessary by the Department to protect public health, safety and the environment.
(2) Order correction or abatement of a dam hazard emergency under § 105.135 (relating to dam hazard emergencies)
(3) Take another action authorized by law.
Authority The provisions of this § 105.136 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.136 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 (207732) to (207733).
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