§ 105.135. Dam hazard emergencies.

 (a)  For the purposes of this section, a dam hazard emergency means a condition which the Department, permittee or owner of the dam reasonably finds constitutes an imminent threat to life or property above or below a dam, whether arising from the condition of the dam and appurtenant works or extraordinary natural conditions, affecting the safety and stability of the dam, including, but not limited to, flood, earthquake, fire and ice jam.

 (b)  The emergency procedures and the emergency warning system and operation plan required by § §  105.63 and 105.134 (relating to emergency procedures; and emergency action plan) shall be followed by the permittee and owner of a dam or reservoir in the event of an actual or potential dam hazard emergency.

 (c)  If a dam hazard emergency exists, the Department and the permittee or owner of the dam shall immediately notify appropriate emergency management officials of the existence of the hazard and request the authorities to initiate appropriate action to assure protection of life and property; and the permittee or owner shall immediately take the steps as are necessary to prevent dam failure or loss of life or property, including, but not limited to, the following:

   (1)  Draw down of the reservoir.

   (2)  Reinforcement of the dam structure.

   (3)  Breach or removal of the dam.

   (4)  Removal of debris.

   (5)  Repair or installation of structures necessary to assure the stability and safety of the dam.

 (d)  The Department, upon determining that a dam hazard emergency exists, will notify the owner immediately to take steps the Department determines are necessary to prevent dam failure or loss of life or property.

   The provisions of this §  105.135 adopted September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843.

   This section cited in 25 Pa. Code §  105.136 (relating to unsafe dams).