25 Pa. Code § 90.111 - Hydrologic balance: impoundments

Permanent impoundments are prohibited unless authorized by the Department, upon the basis of the following demonstration:

(1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment may not degrade the quality of the receiving waters to less than the water quality standards established under § 90.102 (relating to hydrologic balance: water quality standards, effluent limitations and best management practices).

(2) The level of water shall be sufficiently stable to support the intended use.

(3) Adequate safety and access to the impounded water shall be provided for proposed water users.

(4) Water impoundments may not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.

(5) The size of the impoundment shall be adequate for its intended purposes.

(6) The impoundment shall be suitable for the approved postmining land use.

(7) Impoundments which are constructed of or used to impound coal refuse shall be developed into fills meeting the construction requirements of § 90.122 (relating to coal refuse disposal).

Notes

25 Pa. Code § 90.111

The provisions of this § 90.111 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821.

The provisions of this § 90.111 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); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

This section cited in 25 Pa. Code § 90.39 (relating to ponds, impoundments, banks, dams, embankments, piles and fills); 25 Pa. Code § 90.108 (relating to hydrologic balance: sedimentation ponds); and 25 Pa. Code § 90.130 (relating to coal refuse dams).