§ 105.53. Inspections by owners and inspection reports.

 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 Category 1 dams and Category 2 dams as classified in §  105.91 (relating to classification of dams and reservoirs), which are defined as high hazard dams in §  105.1 (relating to definitions), annual reports regarding the condition of the dam, certified by a registered professional engineer, 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 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 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 owner to submit certified reports regarding the condition of the facility to the Department.

   (7)  In lieu of inspections conducted by the owner and certified reports submitted by the 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 owner and submitted to other governmental agencies.

   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).

   The provisions of this §  105.53 adopted 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 pages (117668) to (117669).

   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).