(a)
In accordance with this subchapter, the Department may issue general permits on
a regional or Statewide basis for a category of dam, water obstruction or
encroachment if the Department determines the following:
(1) The projects in the category are similar
in nature.
(2) The projects in the
category can be adequately regulated utilizing standardized specifications and
conditions, including reference to specific criteria and requirements adopted
by another Federal or State agency which adequately regulate the particular
category of dam, water obstruction or encroachment.
(3) The projects which are in the category
and meet the specifications and conditions will comply with the requirements
for permit issuance in §§
105.14-
105.17 and
105.21 and the standards and
requirements for design, construction, operation, maintenance and monitoring in
this chapter.
(b) General
permits issued under this subchapter may be issued on a Statewide basis or
limited to specific watersheds, particular categories of streams or designated
geographic regions.
(c) The
Department will not issue a general permit for the following:
(1) A dam in size classifications A or B or
hazard potential classifications 1 or 2, as defined in §
105.91 (relating to classification
of dams or reservoirs).
(2) A dam
used for storage of fluids or semifluids other than water the escape of which
may result in air, water or land pollution or in danger to persons or property
unless the impoundment created by the dam is otherwise adequately regulated by
another program requiring individual permits issued by the Department or
another Federal or State agency.
(3) A dam, water obstruction or encroachment
which may present a substantial risk to life and property, requiring proof of
financial responsibility under §
105.20 (relating to proof of
financial responsibility).
Notes
The
provisions of this § 105.442 adopted January 2, 1981, effective
1/3/1981, 11 Pa.B. 9; amended
October 11, 1991, effective 10/12/1991, 21 Pa.B.
4911.
The provisions of this § 105.442 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).
