OPERATION, MAINTENANCE AND EMERGENCIES


§ 105.131. Operation and monitoring plans.

 (a)  In addition to the requirements of § §  105.51—105.54 (relating to operation, maintenance and inspection), the permittee or owner of a dam or reservoir shall follow the method and schedule of operation of the dam or reservoir, including the emergency action plan if required by §  105.134 (relating to emergency action plan), as approved by the Department and shall implement a plan approved by the Department for permanent monitoring of performance by instrument installation in the dam.

 (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.

 (c)  The permittee or owner of a dam or reservoir shall operate and maintain the dam in accordance with the authorized plans and specifications. Normal repairs and maintenance of the dam and the reservoir’s design storage capacity will not require further authorization except as provided in §  105.122 (relating to drawdown of impounded waters).

Authority

   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).

Source

   The provisions of this §  105.131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial page (117690).

Cross References

   This section cited in 25 Pa. Code §  105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs).


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