(a) Dams,
ponds, embankments and impoundments that meet the criteria of Chapter 105
(relating to dam safety and waterway management) shall be designed, constructed
and maintained in accordance with Chapter 105.
(b) The design, construction and maintenance
of dams, ponds, embankments and impoundments that are not of the class of
subsection (a) shall achieve the minimum design criteria contained in United
States Natural Resources Conservation Service's Pennsylvania Field Office
Technical Guide, Section IV, Standards 350 "Sediment Basin" and 378, "Pond," as
amended. In addition to the requirements in "Sediment Basin," a minimum static
safety factor of 1.3 is required.
Notes
The
provisions of this § 88.302 adopted December 19, 1980,
10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 30,
1984, 14 Pa.B. 1143, effective 8/10/1985, 15 Pa.B. 2872; amended June 15,
1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended December 15,
1995, effective 12/16/1995, 25
Pa.B. 5821; amended March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 88.302 amended under the Surface
Mining Conservation and Reclamation Act (52 P.S. §§
1396.1-1396.19a); The Clean
Streams Law (35 P.S. §§
691.1-691.1001); section 1920-A of The
Administrative Code of 1929 (71 P.S. §
510-20); section
3.2 of the Coal Refuse Disposal
Control Act (52 P.S. §
30.53b); and
section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
(52 P.S. §
1406.7(b)).
This section cited in 25 Pa. Code §
88.298 (relating to hydrologic
balance: sedimentation ponds); and 25 Pa. Code §
88.301 (relating to hydrologic
balance: permanent impoundments).
