(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).
Notes
The
provisions of this § 105.131 adopted September 10, 1971, effective
9/11/1971, 1 Pa.B. 1804; amended
August 11, 1978, effective 8/28/1978, 8 Pa.B. 2229; amended September 26,
1980, effective 9/27/1980, 10
Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911; amended January 7,
2011, effective 1/8/2011, 41
Pa.B. 219.
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).
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).
