(a) The permittee or owner of a dam, water
obstruction or encroachment shall inspect the facility and appurtenant works
according to the following schedule:
(1) Dams,
reservoirs and their appurtenant works shall be inspected at least once every 3
months.
(2) For Hazard Potential
Category 1 dams and Category 2 dams as classified in §
105.91 (relating to classification
of dams and reservoirs), annual reports regarding the condition of the dam,
affixed with the seal of a registered professional engineer and certification,
which reads "This is to certify that the above dam has been inspected and the
following are the results of the inspection.", shall be submitted to the
Department on or before December 31 of each year. More frequent reports of dam
conditions may be required by the Department if, in its discretion, conditions
indicate the reports are necessary to assure adequate protection of health,
safety and property.
(3) For local
flood protection projects, annual reports regarding the condition of the flood
protection facility shall be submitted to the Department on or before December
31 of each year.
(4) The permittee
or owner of a water obstruction or encroachment shall conduct periodic
inspections to ensure the safe operation, monitoring and maintenance of the
facility in accordance with this title, terms and conditions of the permit and
approved operating or monitoring plans.
(5) The permittee or owner shall retain
records of the inspections, including records of actions taken to correct
conditions found in the inspections. Copies of the records shall be provided to
the Department on request.
(6) The
Department may, through terms and conditions of the permit or by request at any
time, require the permittee or owner to submit certified reports regarding the
condition of the facility to the Department.
(7) For water obstructions and encroachments,
in lieu of inspections conducted by the permittee or owner and certified
reports submitted by the permittee or owner, the Department may accept reports
of equivalent inspections conducted and prepared by governmental agencies. In
addition, the Department may accept equivalent inspection reports certified by
the permittee or owner and submitted to other governmental
agencies.
(b) Regardless
of the date of construction of a dam, water obstruction or encroachment or
whether or not it was permitted by the Department or its predecessors, it shall
be the duty of the permittee or owner of a dam, water obstruction or
encroachment to evaluate the safety of the facility and appurtenant structures
and to modify the facility in accordance with the permit requirements of §
105.11 (relating to permit
requirements) to ensure the protection of life and property with respect to
changed conditions and current safety criteria. If structural or operation
modifications are required as a result of the inspection findings, the
permittee or owner shall apply for a permit, or request an amendment to an
existing permit to perform the modifications.
Notes
The
provisions of this § 105.53 adopted 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 § 105.53 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 §
105.131 (relating to operation and
monitoring plans); 25 Pa. Code §
105.132 (relating to inspection);
25 Pa. Code §
105.281 (relating to maintenance
and repair of levees or floodwalls); and 25 Pa. Code §
105.445 (relating to waiver of
certain requirements).
