Subchapter B. DAMS AND RESERVOIRS
GENERAL PROVISIONS Sec.
105.71. Scope.
105.72. [Reserved].
105.73. [Reserved].
105.74. [Reserved].
105.75. [Reserved].
105.76. [Reserved].
105.77. [Reserved].
105.78. [Reserved].
105.79. [Reserved].
PERMITS, LETTERS OF AMENDMENTS AND
LETTERS OF AUTHORIZATIONS
105.81. Permit applications for construction and modification of dams and reservoirs.
105.82. Permit applications for operation and maintenance of existing dams and reservoirs.
105.83—105.87. [Reserved].
105.88. Dam permit issuance.
105.89. Letters of Amendment and Letters of Authorization for modification of dams and reservoirs.
CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION
AND MAINTENANCE
105.91. Classification of dams and reservoirs.
105.92. Foundations.
105.93. Design stress.
105.94. Spillways.
105.95. Freeboard.
105.96. Outlet works.
105.97. Stability of structures.
105.98. Design flood criteria.
105.99. Dams in subdivision developments.
CONSTRUCTION REQUIREMENTS AND PROCEDURES
105.101. [Reserved].
105.102. Personnel and supervision.
105.103. Weather and ground conditions.
105.104. Removal and disposal of vegetation.
105.105. [Reserved].
105.106. Activities and facilities on the construction site.
105.107. Final inspection.
105.108. Completion, certification and project costs.
105.109. As-built plans.
STORAGE AND DISCHARGE
105.111. Commencement of storage of water, fluid or semifluid.
105.112. Stream flow during construction, filling and repair.
105.113. Releases.
105.114. [Reserved].
PROTECTION AND RESTORATION OF AQUATIC LIFE
105.121. Fishways.
105.122. Drawdown of impounded waters.
105.123. Restoration of aquatic life.
105.124. [Reserved].
105.125. [Reserved].
OPERATION, MAINTENANCE AND EMERGENCIES
105.131. Operation, maintenance and monitoring.
105.131a. Annual dam registration.
105.132. [Reserved].
105.133. Directed repairs.
105.134. EAP.
105.135. Dam hazard emergencies.
105.136. Unsafe dams.
Cross References This subchapter cited in 25 Pa. Code § 105.14 (relating to review of applications).
GENERAL PROVISIONS
§ 105.71. Scope.
Except as provided in § § 105.3 and 105.12 (relating to scope; and waiver of permit requirements), this subchapter governs the construction, operation, maintenance and modification of a dam or reservoir regulated under the act.
Authority The provisions of this § 105.71 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. 693.5).
Source The provisions of this § 105.71 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended November 29, 1974, effective December 16, 1974, 4 Pa.B. 2452; 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (250793).
§ 105.72. [Reserved].
Source The provisions of this § 105.72 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47991).
§ 105.73. [Reserved].
Source The provisions of this § 105.73 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended November 29, 1974, effective December 16, 1974, 4 Pa.B. 2452 amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47991).
§ 105.74. [Reserved].
Source The provisions of this § 105.74 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47992).
§ 105.75. [Reserved].
Source The provisions of this § 105.75 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47992).
§ 105.76. [Reserved].
Source The provisions of this § 105.76 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47992).
§ 105.77. [Reserved].
Source The provisions of this § 105.77 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (47992) to (47993).
§ 105.78. [Reserved].
Source The provisions of this § 105.78 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (47993) to (47994).
§ 105.79. [Reserved]
Source The provisions of this § 105.79 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (47994).
PERMITS, LETTERS OF AMENDMENTS AND
LETTERS OF AUTHORIZATIONS
§ 105.81. Permit applications for construction and modification of dams and reservoirs.
(a) In addition to the information required under § § 105.13, 105.13a, 105.13b and 105.15, permit applications under this subchapter for the construction or modification of dams and reservoirs must provide the following information:
(1) Reports and data detailing the conduct and results of investigations and tests necessary to determine the safety, adequacy and suitability of design, including:
(i) Data concerning subsoil and rock foundation conditions.
(ii) Data concerning exploratory pits, drilling, coring and tests to determine seepage rates.
(iii) Data concerning the strength tests necessary to measure the physical properties and behavior of foundations and embankment materials at the dam or reservoir site.
(iv) Data concerning the geology of the dam site or reservoir area, indicating possible hazards such as faults, weak seams and joints.
(v) Data concerning availability and quality of construction materials.
(vi) A ‘‘Dam Stability Report’’ as required under § 105.97 (relating to stability of structures).
(vii) Other information as may be necessary to determine the safety, adequacy and suitability of the design, including the design calculations for the dam, which shall be made available to the Department on request.
(2) Site plan and cross sectional views required under § 105.13(d)(1)(i) (relating to permit applications-information and fees).
(3) Construction plans, specifications and design reports to evaluate the safety, adequacy and suitability of the proposed dam, reservoir and appurtenant works in order to determine compliance with this chapter.
(4) A schedule indicating proposed commencement and completion dates for construction.
(5) For projects involving storage of fluids or semifluids other than water, information concerning the chemical content, viscosity and other pertinent physical characteristics of the fluid or semifluid impounded.
(6) An instrumentation plan including justification and design for the installation of permanent monitoring instruments to measure the performance of the dam. If no instrumentation is considered necessary, justification shall be provided.
(7) A hydrologic and hydraulic analysis, submitted as a separate report, which includes:
(i) The size, shape and characteristics of the drainage basin.
(ii) Current precipitation data and precipitation distribution information as required by the Department.
(iii) Streamflow records.
(iv) Flood flow records and estimates.
(v) An incremental dam breach analysis, storage capacity and reservoir surface area for normal pool and maximum storage elevations.
(vi) Other hydrologic and hydraulic determinations necessary for the design and operation of the dam.
(8) For existing dams, copies of the structure’s most recent inspection reports.
(9) EAP if required under § 105.134 (relating to EAP).
(10) Proof of title or adequate flowage easements for land area below the top of the dam elevation that is subject to inundation.
(11) An Operation and Maintenance Manual for the dam as required under § 105.131 (relating to operation, maintenance and monitoring).
(12) Other information the Department may require.
(b) The Department may waive specific information requirements of this section in writing, if the Department finds that specific information is not necessary to review the application.
Authority The provisions of this § 105.81 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.81 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 12, 1978, 8 Pa.B. 2229; amended 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 (207715) to (207716).
Cross References This section cited in 25 Pa. Code § 105.88 (relating to dam permit issuance).
§ 105.82. Permit applications for operation and maintenance of existing dams and reservoirs.
(a) In addition to information required under § § 105.13, 105.13b and 105.15 (relating to permit applications—information and fees; proof of financial responsibility; and environmental assessment), a permit application for the operation and maintenance of existing dams and reservoirs must provide the following information:
(1) Site plan and cross sectional views required under § 105.13 (d)(1)(i).
(2) ‘‘As built’’ construction plans, specifications and design reports not already on file with the Department, which show the type, size, height and other pertinent dimensions and features of the existing dam and reservoir and appurtenant works.
(3) For projects involving storage of fluids or semifluids other than water, information concerning the chemical and physical characteristics of the fluid or semifluid impounded.
(4) A description of facilities and plans for monitoring the performance of the dam.
(5) A hydrologic and hydraulic analysis, submitted as a separate report, which includes:
(i) The size, shape and characteristics of the drainage basin.
(ii) Current precipitation data and precipitation distribution information as required by the Department.
(iii) Streamflow records.
(iv) Flood flow records and estimates.
(v) An incremental dam breach analysis, storage capacity and reservoir surface area for normal pool and maximum storage elevations.
(vi) Other relative hydrologic and hydraulic information that may be available.
(6) Information available regarding the foundation, embankment stability, specifications and construction of the dam.
(7) A manual which includes plans for the operation and maintenance of the dam in accordance with § 105.131 (relating to operation, maintenance and monitoring).
(8) The EAP for the dam or reservoir, if completed, or work plan to prepare and submit an EAP in accordance with § 105.134 (relating to EAP).
(9) Proof of title or flowage easements for land areas below the top of the dam elevation that is subject to inundation.
(10) Reports of the most recent inspections of the dam conducted by the owner or by the State or Federal government agencies.
(11) Other information as the Department may require.
(b) The Department may waive or modify one or more of the application content requirements set forth in subsection (a) if the information required is not available and is not essential to determining the safety of the dam or reservoir or compliance by the dam or reservoir with the requirements of this chapter.
Authority The provisions of this § 105.82 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.82 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207716) and (313669).
Cross References This section cited in 25 Pa. Code § 105.88 (relating to dam permit issuance).
§ 105.83. [Reserved].
Source The provisions of this § 105.83 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38864).
§ 105.84. [Reserved].
Source The provisions of this § 105.84 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38864).
§ 105.85. [Reserved].
Source The provisions of this § 105.85 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (38864) to (38865).
§ 105.86. [Reserved].
Source The provisions of this § 105.86 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38865).
§ 105.87. [Reserved].
Source The provisions of this § 105.87 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial page (38865).
§ 105.88. Dam permit issuance.
(a) Upon the Department’s review and approval of the dam permit application for the construction or modification of a dam in accordance with § 105.81 (relating to permit applications for construction and modification of dams and reservoirs), the Department will issue a dam construction permit.
(b) For newly constructed or modified dams permitted under subsection (a), the Department will issue a dam operation and maintenance permit after the following conditions have been met:
(1) Meeting the requirements of § § 105.107—105.109 (relating to final inspection; completion certification and project costs; and as-built plans) by the owner or permittee.
(2) Acceptance of construction or modification by the Department.
(c) Upon the Department’s review and approval of the dam permit application for operation and maintenance of existing dams in accordance with § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs), the Department will issue a dam operation and maintenance permit.
Authority The provisions of this § 105.88 issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.88 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
§ 105.89. Letters of Amendment and Letters of Authorization for modification of dams and reservoirs.
(a) Projects which do not modify top of dam elevation, normal pool elevation, or normal operation of the pool level may be authorized by Letter of Amendment when the dam has an existing permit or by Letter of Authorization when the dam meets § 105.12(b) (relating to waiver of permit requirements). The permittee or owner shall provide the following information:
(1) Reports and data detailing the conduct and results of investigations and tests necessary to determine the safety, adequacy and suitability of design, including:
(i) Data concerning subsoil and rock foundation conditions.
(ii) Data concerning exploratory pits, drilling, coring and tests to determine seepage rates.
(iii) Data concerning the strength tests necessary to measure the physical properties and behavior of foundations and embankment materials at the dam or reservoir site.
(iv) Data concerning the geology of the dam site or reservoir area, indicating possible hazards such as faults, weak seams and joints.
(v) Data concerning availability and quality of construction materials.
(vi) A ‘‘Dam Stability Report’’ as required under § 105.97 (relating to stability of structures).
(vii) Other information as may be necessary to determine the safety, adequacy and suitability of the design, including the design calculations for the dam, which shall be made available to the Department on request.
(2) In addition to the site plan and cross sectional views required under § 105.13(d)(1)(i) (relating to permit applications—information and fees), construction plans, specifications and design reports in sufficient detail to evaluate the safety, adequacy and suitability of the proposed dam, reservoir and appurtenant works, and a schedule indicating proposed commencement and completion dates for construction.
(3) For projects involving storage of fluids or semifluids other than water, information concerning the chemical content, viscosity and other pertinent physical characteristics of the fluid or semifluid impounded.
(4) Plans for proposed permanent monitoring of performance by instrument installations in the dam, including the purposes of the instrumentation. If no instrumentation is considered necessary, reasons for this engineering judgment shall be stated.
(5) A hydrologic and hydraulic analysis, submitted as a separate report, which includes the following:
(i) The size, shape and characteristics of the drainage basin.
(ii) Current precipitation data and precipitation distribution information as required by the Department.
(iii) Streamflow records.
(iv) Flood flow records and estimates.
(v) An incremental dam breach analysis, storage capacity and reservoir surface area for normal pool and maximum storage elevations.
(vi) Other hydrologic and hydraulic determinations necessary for the design and operation of the dam.
(6) For an existing dam, copies of the structure’s most recent inspection reports.
(7) An EAP if required under § 105.134 (relating to EAP).
(8) A manual documenting the operation and maintenance procedures for the dam.
(9) For projects impacting wetlands or exceptional value waters, or if the project requires 401 water quality certification, environmental assessment approval will be required under § 105.15 (relating to environmental assessment).
(b) The Department may waive the specific information requirements of this section in writing, if upon review of the request for Letter of Amendment or Letter of Authorization, the Department finds that specific information is not necessary to approve the project.
Authority The provisions of this § 105.89 issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.89 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
CLASSIFICATION AND DESIGN CRITERIA FOR APPROVAL OF CONSTRUCTION, OPERATION, MODIFICATION
AND MAINTENANCE
§ 105.91. Classification of dams and reservoirs.
(a) A dam or reservoir shall be classified in accordance with Size Category and the Hazard Potential Category which might occur in the event of an operational or structural failure. In approving a classification, the Department will consider, without limitation:
(1) The height of the dam and storage capacity of the reservoir.
(2) The physical characteristics and extent of actual and projected development of the dam site and downstream areas.
(3) The relationship of the site to existing or projected industrial, commercial and residential areas and other land uses downstream which may be affected by a dam failure.
(b) Size Category will be determined by either storage or height of structure, whichever results in the higher category. Hazard Potential Category will be determined by either loss of life or economic loss, whichever results in the higher category. The following shall be the categories and descriptions as used in this subchapter:
SIZE CATEGORY
Category Impoundment Storage
(Acre Feet)Dam Height (Feet) A Equal to or greater than 50,000 Equal to or greater than 100 B Less than 50,000 but greater than 1000 Less than 100 but greater than 40 C Equal to or less than 1000 Equal to or less than 40
HAZARD POTENTIAL CATEGORY
Category Population at Risk Economic Loss 1 Substantial (Numerous homes or small businesses or a large business or school). Excessive such as extensive residential, commercial, or agricultural damage, or substantial public inconvenience. 2 Few (A small number of homes or small businesses.) Appreciable such as limited residential, commercial, or agricultural damage, or moderate public inconvenience. 3 None expected (no permanent structures for human habitation or employment.) Significant damage to private or public property and short duration public inconvenience such as damage to storage facilities or loss of critical stream crossings. 4 None expected (no permanent structures for human habitation or employment.) Minimal damage to private or public property and no significant public inconvenience.
Authority The provisions of this § 105.91 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 § 105.91 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 pages (313670) and (207719) to (207720).
Cross References This section cited in 25 Pa. Code § 87.112 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance); 25 Pa. Code § 90.112 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance); 25 Pa. Code § 105.12 (relating to waiver of permit requirements); 25 Pa. Code § 105.13 (relating to regulated activities—information and fees); 25 Pa. Code § 105.13b (relating to proof of financial responsibility); 25 Pa. Code § 105.53 (relating to inspections by owners and inspection reports); 25 Pa. Code § 105.98 (relating to design flood criteria); and 25 Pa. Code § 105.442 (relating to authorization for general permits).
§ 105.92. Foundations.
(a) The foundation of a dam or reservoir must be stable under all probable conditions.
(b) In analyzing the stability of the foundation of a proposed or existing dam or reservoir, the applicant shall consider the following factors:
(1) The seismic forces and liquefaction potential at the site.
(2) The shear strength of the foundation.
(3) Settlement, subsidence, and carbonate karst solution features, such as sinkholes and solution channels.
(4) Seepage potential through the soil and rock components of the foundation.
(5) The dispersive characteristics of the soil foundation and borrow areas.
Authority The provisions of this § 105.92 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.92 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207720).
§ 105.93. Design stress.
In the construction of dams and reservoirs, allowable stresses must conform to the current standards accepted by the engineering profession.
Source The provisions of this § 105.93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 12, 1978, 8 Pa.B. 2229; amended 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 page (207720).
§ 105.94. Spillways.
(a) Every dam must be provided with a spillway system which is capable of safely conveying the design flood, as provided in § 105.98 (relating to design flood criteria), of the dam without endangering the safety or integrity of the dam. The Department may require submission of models utilizing current acceptable methodologies to demonstrate this capability without excessive erosion and failure of the spillway system.
(b) Each spillway must include a satisfactory means of dissipating the energy flow at its outlet to assure conveyance of flow without endangering the safety and integrity of the dam or the natural environment of the stream.
(c) Each spillway floor slab must be provided with adequate drainage, anchors, or drainage and anchors to be stable against uplift.
Authority The provisions of this § 105.94 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.94 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; added 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 (207720) to (207721).
§ 105.95. Freeboard.
Sufficient freeboard may be required to prevent overtopping of the dam and to allow for wave and ice action.
Authority The provisions of this § 105.95 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 § 105.95 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; added September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (149140).
§ 105.96. Outlet works.
(a) Dams must include a device to allow the complete draining of the reservoir unless the Department determines that an outlet works is not feasible for a specific dam. At minimum, the device must be sized to pass a minimum of 70% of the highest mean monthly inflow at the site plus the capacity to drain the top 2 feet of reservoir storage below normal pool in 24 hours. The highest mean monthly flow shall be determined from statistics of an appropriate stream gage, as approved by the Department, transferred to the dam site by the ratio of the drainage areas. The Department may require an increased size to provide for the integrity of the dam and to protect life and property with an adequate margin of safety.
(b) In determining the reasonable time period for drainage of the reservoir, the dam owner, the dam owner’s engineer, and the Department may consider, without limitation, the following factors:
(1) The damage potential posed by possible failure of the dam.
(2) The risk and nature of potential failure and the time likely to be available to avert the failure after notice of conditions threatening the safety or stability of the dam.
(3) The purpose of the dam and reservoir.
(4) The capacity and stability of available drainage courses to convey the waters released from the reservoir in the event of emergency drainage.
(5) The influence of rapid drawdown on the stability of the dam, its appurtenant works and the upstream natural slopes of the reservoir.
(c) Under normal conditions, the maximum rate of drawdown for reservoirs impounded by earthfill dams should not exceed 1 foot per day without prior approval by the Department. Under emergency conditions, the maximum rate of partial or complete drawdown of reservoirs must be approved by the Department, when feasible.
(d) Each outlet works must include upstream closure, trashrack, and a means of dissipating the energy of flow at its outlet to assure conveyance of flow without endangering the safety and integrity of the dam or the natural environment of the stream.
Authority The provisions of this § 105.96 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.96 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 page (207721).
§ 105.97. Stability of structures.
(a) Dams must be structurally sound and be constructed of sound and durable materials. The structure must be stable during and at the completion of construction.
(b) As part of the permit application for the construction or modification of a dam, the design engineer shall submit to the Department, under professional seal and certification, a report entitled ‘‘Dam Stability Report’’ which clearly demonstrates to the Department that the requirements of subsection (a) have been satisfied. At a minimum, this report must address the following considerations:
(1) The physical properties of the materials available for construction.
(2) A stability analysis based on the properties of the structure’s materials and on the seismic forces and seepage conditions affecting the structure.
(3) The methods of construction.
(4) The conditions of operation of the dam and reservoir.
(c) Earthfill dams must be demonstrated to be stable for the following conditions:
(1) Normal pool with steady-state seepage conditions with a factor of safety of 1.5.
(2) Maximum pool with steady-state seepage conditions with a factor of safety of 1.4.
(3) Sudden drawdown from normal pool conditions with a factor of safety of 1.2.
(4) Normal pool with steady-state seepage conditions under seismic forces produced by the maximum credible earthquake with a factor of safety of 1.1.
(5) Completion of construction with no pool with a factor of safety of 1.3.
(d) Gravity dams must be demonstrated to be stable for the following conditions:
(1) Normal pool with appropriate uplift pressures, ice loads and silt loads with a factor of safety of 2.0.
(2) Maximum pool with appropriate uplift pressures and silt loads with a factor of safety of 1.7.
(3) Normal pool with appropriate uplift pressures and silt loads under seismic forces produced by the maximum credible earthquake with a factor of safety of 1.3.
(e) For gravity dams, the overturning stability is acceptable when the resultant of all forces acting on the dam is located as follows:
(1) Within the middle third of the structure for normal pool conditions.
(2) Within the middle half of the structure for maximum pool conditions.
(3) Within the structure for earthquake conditions.
(f) For gravity dams, the foundation bearing pressures must be less than or equal to the allowable for no pool, normal pool and maximum pool conditions and less than 133% of the allowable for earthquake conditions.
(g) The factors of safety for earthfill dams or gravity dams must be the higher of:
(1) The factors of safety in subsections (c) and (d).
(2) The factors of safety in the most recent Engineering Manuals developed by the United States Army Corps of Engineers relating to stability of dam structures.
(h) The Department may, in its discretion, consider a revised factor of safety for a class of dams or reservoirs when it can be demonstrated that the factor of safety provides for the integrity of the dams or reservoirs and adequately protects life and property.
Authority The provisions of this § 105.97 under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.97 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 page (207722).
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 § 105.89 (relating to Letters of Amendment and Letters of Authorization for modification of dams and reservoirs).
§ 105.98. Design flood criteria.
The discharge capacity or storage capacity, or both, must be capable of safely accommodating the recommended design flood for the dam as classified under § 105.91 (relating to classification of dams and reservoirs). The design flood must be determined by an incremental dam breach analysis. The minimum required design storm duration is 24 hours. When considered appropriate by the Department, engineering judgment may be used to determine the design flood within the design flood range indicated below for dams of Hazard Potential Category 3 or 4. The classification or damage, or both, resulting from dam failure will determine the design flood within the design flood range.
Classification Design Flood Range A-3, B-3 1/2 PMF to PMF A-4, B-4, C-3 100 year to 1/2 PMF C-4 50 year to 100 year frequency
Authority The provisions of this § 105.98 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.98 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 (207722) to (207723).
Cross References This section cited in 25 Pa. Code § 105.94 (relating to spillways).
§ 105.99. Dams in subdivision developments.
Whenever a dam or reservoir is proposed to be constructed in or as a part of an existing or proposed subdivision development, the Department will include in the permit the conditions as are necessary to prevent construction of structures on lands which may be subject to flooding caused by the maximum pool of the dam and to require the permittee to adequately inform potential buyers or lessees of the restrictions.
Source The provisions of this § 105.99 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.
CONSTRUCTION REQUIREMENTS AND PROCEDURES
§ 105.101. [Reserved].
Authority The provisions of this § 105.101 reserved under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.101 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; reserved January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207723).
Cross References This section cited in 25 Pa. Code § 105.445 (relating to waiver of certain requirements).
§ 105.102. Personnel and supervision.
(a) The permittee or owner shall file with the Department, at least 15 days prior to the commencement of construction, a statement setting forth the name and employer, including contact information, of the following:
(1) The professional engineer responsible for oversight and supervision of construction.
(2) Representatives of the professional engineer.
(3) Contractors conducting the work authorized by the permit, Letter of Amendment or Letter of Authorization as required by the Department.
(b) Work must be conducted under the oversight and supervision of a professional engineer. The professional engineer or a representative of the professional engineer shall be on the work site during significant construction activities until the completion of the dam.
Authority The provisions of this § 105.102 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.102 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207723) to (207724).
Cross References This section cited in 25 Pa. Code § 105.445 (relating to waiver of certain requirements).
§ 105.103. Weather and ground conditions.
(a) No earth or other embankment material may be covered, placed, compacted, or graded when in a frozen condition.
(b) Masonry and concrete may not be placed in freezing weather except under conditions approved by the Department.
Authority The provisions of this § 105.103 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.103 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207724).
§ 105.104. Removal and disposal of vegetation.
(a) Work shall be conducted in a manner to minimize the destruction of or damage to trees and other vegetation on and adjacent to the construction site.
(b) Vegetation cleared and removed from the site shall be disposed of in accordance with applicable laws and regulations.
Authority The provisions of this § 105.104 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.104 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended 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 page (207724).
§ 105.105. [Reserved].
Source The provisions of this § 105.105 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; reserved October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (117685).
§ 105.106. Activities and facilities on the construction site.
Activities and facilities on the construction site must be conducted and operated in a manner to avoid pollution of the air and waters of this Commonwealth and in accordance with applicable laws and the provisions of this title.
Authority The provisions of this § 105.106 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.106 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 (207724) to (207725).
§ 105.107. Final inspection.
Within 10 days after the completion of work on a dam authorized by the Department, the permittee or owner shall schedule a final project inspection with the Department. The final inspection must include the permittee or owner, the permittee or owner’s supervising engineer, and the Department’s field representative. Upon conclusion of this final inspection, the Department’s field representative will present the permittee or owner with a list of any deficient items, if necessary. A follow-up final inspection may be required by the Department. At the discretion of the Department, the final inspection may be waived for projects authorized by Letter of Amendment or Letter of Authorization.
Authority The provisions of this § 105.107 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.107 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 page (207725).
Cross References This section cited in 25 Pa. Code § 105.88 (relating to dam permit issuance); and 25 Pa. Code § 105.445 (relating to waiver of certain requirements).
§ 105.108. Completion, certification and project costs.
Within 30 days after the final inspection or within 30 days of completion of the work if the final inspection is waived by the Department, the permittee or owner shall file with the Department a completion certification provided by the Department stating that work has been performed in accordance with the terms and conditions of the permit or other Department authorization; the approved maps, plans, profiles and specifications; and applicable laws and the provisions of this title. The completion certification must contain the following:
(1) Original signature of the permittee or owner.
(2) Seal and original signature of the supervising engineer.
(3) Design cost.
(4) Construction cost.
(5) Construction inspection cost.
(6) Estimated percentage of the total cost for each major feature of the project.
Authority The provisions of this § 105.108 issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.108 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
Cross References This section cited in 25 Pa. Code § 105.13 (relating to regulated activities—information and fees); 25 Pa. Code § 105.88 (relating to dam permit issuance); and 25 Pa. Code § 105.111 (relating to commencement of storage of water, fluid or semifluid).
§ 105.109. As-built plans.
Within 90 days after the final inspection or completion of the work, if the final inspection is waived by the Department, the permittee or owner shall file with the Department ‘‘as built’’ plans for the project, indicating revisions from the original plans and specifications.
Authority The provisions of this § 105.109 issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.109 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.
Cross References This section cited in 25 Pa. Code § 105.88 (relating to dam permit issuance).
STORAGE AND DISCHARGE
§ 105.111. Commencement of storage of water, fluid or semifluid.
(a) The permittee shall notify the Department, in writing, at least 7 days in advance of the date proposed for the commencement of storage of water, fluid or semifluid in the reservoir created by the dam for which the permit is issued.
(b) The Department may require that a reservoir filling plan be developed and approved by the Department prior to commencement of storage of water, fluid or semifluid. This plan will provide the acceptable rate of rise of the reservoir and, if necessary, elevations and durations for constant reservoir levels within the filling period. This plan may also require lowering of the reservoir level if the prescribed rate of rise is not controlled or attained. The plan may also require monitoring of instrumentation of the dam.
(c) The Department may require that a representative of the Department be at the site before or during the filling of the reservoir.
(d) The initial storage in the reservoir of new dams and refilling of reservoirs of rehabilitated dams may not commence prior to the submission of the information required in § 105.108 (relating to completion certification and project costs) and the acceptance of the certification, in writing, from the Department.
Authority The provisions of this § 105.111 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.111 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207725).
Cross References This section cited in 25 Pa. Code § 105.445 (relating to waiver of certain requirements).
§ 105.112. Stream flow during construction, filling and repair.
During the period of construction, modification, enlargement or repair and during the period that the reservoir is being filled, the permittee shall allow a sufficient flow of water, as determined by the Department, into the stream below the dam to support fish and other aquatic life and to preserve the water quality in the stream.
Authority The provisions of this § 105.112 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.112 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207725) to (207726).
§ 105.113. Releases.
(a) The Department will impose general and special conditions regarding release rates in a permit for a dam or reservoir that it deems necessary to maintain stream flows for the purposes of protection of public health, water quality control, conservation of fisheries and aquatic habitat, improvement of recreation and protection of instream and downstream water uses. The appropriate release rates for the dams and reservoirs will be established in accordance with subsections (b) and (c).
(b) For dams or reservoirs constructed after August 28, 1978:
(1) The minimum release rate unless modified in accordance with paragraph (2) shall be the average consecutive 7 day flow having a recurrence interval of once in 10 years (Q 7-10) plus an additional release rate determined by the following formula:
Release rate (csm) = Q7-10 + PDF(.25 csm—Q7-10 csm) where PDF = the percentage factor based on the storage capacity of the reservoir measured as percent of average annual runoff retained in the reservoir. This factor is explained in Planning Principles, State Water Plan SWP-1 (March, 1975). .25 csm = .25 cubic feet per second of flow per square mile of watershed. Q7-10csm = The seven-day, ten-year flow, in cubic feet per second per square mile of watershed. The minimum release rate determined by this formula shall not exceed 0.25 cubic feet per square mile of watershed. (2) The Department may modify the minimum release rate, or provide variable schedules or releases considering the following factors:
(i) The purposes stated in subsection (a).
(ii) Particular stream requirements, including the particular needs of instream and downstream water uses and riparian rights.
(iii) The particular uses and purposes of the dam or reservoir.
(iv) The particular engineering, hydrologic and economic factors affecting the ability of the dam or reservoir to provide the releases.
(c) For dams and reservoirs constructed prior to August 28, 1978, the Department will determine a reasonable schedule for release rates, considering all of the following:
(1) The purposes stated in subsection (a) and the particular needs of instream and downstream water uses on the affected stream.
(2) The capacity of existing release works at the dam and feasibility of potential modification of the release works.
(3) The yield of the reservoir, and its capability to meet release requirements and satisfy the purposes and uses of the reservoir.
(d) Every dam must at all times be operated in a manner to allow the required flow of water into the stream below the dam as established under this section, and as otherwise necessary to support fish and other aquatic life and to assure compliance with the water quality standards in Chapter 93 (relating to water quality standards) and to provide for other instream uses for the affected stream.
Authority The provisions of this § 105.113 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.113 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (207726) to (207727).
§ 105.114. [Reserved].
Source The provisions of this § 105.114 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; reserved September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843. Immediately preceding text appears at serial pages (38870) to (38871).
PROTECTION AND RESTORATION OF AQUATIC LIFE
§ 105.121. Fishways.
Upon the request of the Fish and Boat Commission, the permittee shall install and maintain chutes, slopes, fishways, gates or other devices that the Fish and Boat Commission may require under 30 Pa.C.S. § § 3501—3505.
Authority The provisions of this § 105.121 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.121 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207727).
§ 105.122. Drawdown of impounded waters.
Impounded waters which are inhabited by fish may not be drawn down except with the written approval of the Fish and Boat Commission under 30 Pa.C.S. § 3506 (relating to drawing off or interference with dams or devices).
Authority The provisions of this § 105.122 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.122 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 January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207728).
Cross References This section cited in 25 Pa. Code § 105.131 (relating to operation and monitoring plans); and 25 Pa. Code § 105.136 (relating to unsafe dams).
§ 105.123. Restoration of aquatic life.
If the Department finds that construction of a dam or reservoir has substantially disrupted aquatic life to preclude natural restoration of the stream ecology within a reasonable period of time, the permittee shall be required to submit and implement a plan to restore the aquatic life of the stream to its prior condition, to the maximum extent possible. The plan shall be subject to review and modification by the Department in consultation with the Fish and Boat Commission and must include, but not be limited to, the following:
(1) Placement of bed gravel.
(2) Stabilization of banks and bed.
(3) Installation of stream improvement devices.
(4) Revegetation of stream and banks.
(5) Stocking of fish and other aquatic life.
Authority The provisions of this § 105.123 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.123 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended 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 page (207728).
§ 105.124. [Reserved].
Source The provisions of this § 105.124 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4594).
§ 105.125. [Reserved].
Source The provisions of this § 105.125 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229. Immediately preceding text appears at serial page (4594).
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).
§ 105.131a. Annual dam registration.
This chapter establishes annual dam registration fees according to § 105.13(c)(1)(viii) (relating to regulated activities—information and fees) for the Department’s administration of the act.
Authority The provisions of this § 105.131a issued under sections 5, 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. § § 693.5, 693.7, 693.10, 693.11 and 693.17); sections 5, 6, 8 and 402 of The Clean Streams Law (35 P. S. § § 691.5, 691.6, 691.8 and 691.402); 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 sections 302 and 402 of the Flood Plain Management Act (32 P. S. § § 679.302 and 679.402).
Source The provisions of this § 105.131a adopted February 15, 2013, effective February 16, 2013, 43 Pa.B. 967.
Cross References This section cited in 25 Pa. Code § 105.13 (relating to regulated activities—information and fees).
§ 105.132. [Reserved].
Authority The provisions of this § 105.132 reserved under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.132 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; reserved August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; reserved January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial page (207730).
§ 105.133. Directed repairs.
The permittee or owner shall immediately take steps that the Department may prescribe as necessary to preserve the structural stability and integrity of the dam and protect health, safety, property and the environment.
Authority The provisions of this § 105.133 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).
Source The provisions of this § 105.133 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 page (207730).
§ 105.134. EAP.
(a) The permittee or owner of an existing or proposed Hazard Potential Category 1, Category 2 or Category 3 dam as classified in § 105.91 (relating to classification of dams and reservoirs) shall develop an EAP to be followed in the event of a dam hazard emergency as defined in § 105.135 (relating to dam hazard emergencies). The EAP shall be submitted to the Department and approved by the Department and the Pennsylvania Emergency Management Agency (PEMA).
(1) Prior to submitting the EAP for review or approval, the permittee or owner shall schedule a meeting with the county emergency management coordinators for those counties affected by the dam’s failure.
(2) Each submission of the EAP must be signed by the dam owners, the dam operators, and the county emergency management coordinators for those counties affected by the dam’s failure signifying concurrence with the EAP.
(3) In the case of a proposed dam, the EAP shall be submitted to the Department and approved by the Department and PEMA prior to commencement of storage of water, fluid or semifluid.
(4) The EAP must be prepared in accordance with the most recent EAP guidelines developed by the Department and PEMA.
(b) Upon approval of the EAP, the permittee or owner shall provide a copy of the signed approved EAP to the municipal emergency management agencies and the emergency response agencies listed in the EAP.
(c) Within 60 days of the date of the Department’s approval letter, the permittee or owner shall provide the Department a written statement certifying that a signed approved copy of the EAP has been provided to each municipal emergency management agency and to each emergency response agency listed in the EAP.
(d) In addition to the requirements in subsections (a), (b) and (c), the permittee or owner of a Hazard Potential Category 1 or Category 2 dam shall post notices in public locations in areas that may be affected by the failure of the dam. The notice must indicate that copies of the EAP are available for review at the appropriate county and municipal emergency management offices. Also, the notice shall be posted by the permittee or owner in public places within each political subdivision situated within the inundation area downstream of the dam. The notice shall be posted in the city, borough, and township buildings in the affected municipalities, with the management’s permission. Additionally, the notice shall be posted in locations within the inundation area, such as, post offices, libraries, grocery stores, or gas stations, with the management’s permission.
(e) Within 60 days of the date of the Department’s approval letter, the permittee or owner shall provide the Department a written statement certifying that the notice has been posted in the locations listed in the EAP. The permittee or owner shall certify in each subsequent annual inspection report, as required in § 105.53(a), that the notices remain posted or were reposted in the locations listed in the EAP.
(f) The EAP shall be reviewed and updated every 5 years or the frequency interval indicated in the most recent EAP guidelines developed by the Department and PEMA.
(g) The Department may require the EAP be updated, as necessary, if there is a new owner or operator, if changes occur in the downstream inundation area or in the Hazard Potential Category.
Authority The provisions of this § 105.134 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 § 105.134 adopted 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 pages (207730) to (207731).
Cross References This section cited in 25 Pa. Code § 105.81 (relating to permit applications for construction and modification of dams and reservoirs); 25 Pa. Code § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs); 25 Pa. Code § 105.89 (relating to Letters of Amendment and Letters of Authorization for modification of dams and reservoirs); 25 Pa. Code § 105.131 (relating to operation and monitoring plans); and 25 Pa. Code § 105.135 (relating to dam hazard emergencies).
§ 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).
§ 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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