Subchapter L. GENERAL PERMITS


Sec.


105.441.    Scope.
105.442.    Authorization for general permits.
105.443.    Nature of a general permit; substitution for individual applications and permits.
105.444.    Contents of general permits.
105.445.    Waiver of certain requirements.
105.446.    Procedure for issuance.
105.447.    Registration requirements.
105.448.    Determination of applicability of a general permit.
105.449.    Compliance with permit conditions, regulations and laws.

Cross References

   This subchapter cited in 25 Pa. Code §  105.13 (relating to regulated activities—information and fees); 25 Pa. Code §  105.21a (relating to public notice); and 25 Pa. Code §  105.41 (relating to notices and reports).

§ 105.441. Scope.

 This subchapter applies to the issuance of general permits by the Department under section 7(b)—(d) of the act (32 P. S. §  693.7(b)—(d)).

Source

   The provisions of this §  105.441 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9.

§ 105.442. Authorization for general permits.

 (a)  In accordance with this subchapter, the Department may issue general permits on a regional or Statewide basis for a category of dam, water obstruction or encroachment if the Department determines the following:

   (1)  The projects in the category are similar in nature.

   (2)  The projects in the category can be adequately regulated utilizing standardized specifications and conditions, including reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the particular category of dam, water obstruction or encroachment.

   (3)  The projects which are in the category and meet the specifications and conditions will comply with the requirements for permit issuance in § §  105.14—105.17 and 105.21 and the standards and requirements for design, construction, operation, maintenance and monitoring in this chapter.

 (b)  General permits issued under this subchapter may be issued on a Statewide basis or limited to specific watersheds, particular categories of streams or designated geographic regions.

 (c)  The Department will not issue a general permit for the following:

   (1)  A dam in size classifications A or B or hazard potential classifications 1 or 2, as defined in §  105.91 (relating to classification of dams or reservoirs).

   (2)  A dam used for storage of fluids or semifluids other than water the escape of which may result in air, water or land pollution or in danger to persons or property unless the impoundment created by the dam is otherwise adequately regulated by another program requiring individual permits issued by the Department or another Federal or State agency.

   (3)  A dam, water obstruction or encroachment which may present a substantial risk to life and property, requiring proof of financial responsibility under §  105.20 (relating to proof of financial responsibility).

Authority

   The provisions of this §  105.442 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 §  105.442 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911. Immediately preceding text appears at serial pages (156661) to (156662).

§ 105.443. Nature of a general permit; substitution for individual applications and permits.

 (a)  When the Department issues a general permit for a specified category of dam, water obstruction or encroachment on either a regional or Statewide basis, persons who intend to construct, operate, maintain, modify, enlarge or abandon a dam, water obstruction or encroachment in accordance with the specifications and conditions of the general permit may do so without filing an individual application for, and first obtaining, an individual permit.

 (b)  Use of an applicable general permit shall satisfy the permit requirements set forth in §  105.11 (relating to permit requirements), so long as:

   (1)  Activities are conducted in accordance with the specifications and conditions of the applicable general permit.

   (2)  The owner of the dam, water obstruction or encroachment complies with the registration requirements set forth in the general permits, as authorized by §  105.448 (relating to determination of applicability of a general permit).

Source

   The provisions of this §  105.443 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9.

§ 105.444. Contents of general permits.

 Each general permit issued by the Department will include, but not be limited to, the following contents:

   (1)  A concise description of the category of dam, water obstruction or encroachment covered by the general permit, including exceptions to that category.

   (2)  A specification of the watersheds, streams or geographic areas where the general permit is effective.

   (3)  A set of standardized specifications or plans for the particular category of dam, water obstruction or encroachment or a reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulates the particular category of dam, water obstruction or encroachment.

   (4)  A set of conditions governing the construction, operation, maintenance, inspection and monitoring of the projects covered by the general permit as are necessary to assure compliance with the act and this chapter and with other laws administered by the Department, the Fish and Boat Commission and a river basin commission created by interstate compact.

   (5)  A specification of registration requirements if any, established under §  105.447 (relating to registration requirements) and registration or general permit fees established under §  105.13 (relating to regulated activities—information and fees).

Authority

   The provisions of this §  105.131a amended under sections 5, 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. § §  693.5, 693.7, 693.10, 693.11 and 693.17); sections 5, 6, 8 and 402 of The Clean Streams Law (35 P. S. § §  691.5, 691.6, 691.8 and 691.402); 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 sections 302 and 402 of the Flood Plain Management Act (32 P. S. § §  679.302 and 679.402).

Source

   The provisions of this §  105.444 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9; amended February 15, 2013, effective February 16, 2013, 43 Pa.B. 967. Immediately preceding text appears at serial page (313674).

§ 105.445. Waiver of certain requirements.

 In issuing a general permit, the Department may waive the procedural requirements of any or all of the following sections of this chapter as applied to a particular category of dams, water obstructions or encroachments covered by the general permit:

   (1)  Section 105.41 (relating to notices and reports).

   (2)  Section 105.42 (relating to acknowledgment of conditions).

   (3)  Section 105.53 (relating to inspections by owners and inspection reports).

   (4)  Section 105.101 (relating to notices and reports).

   (5)  Section 105.102(b) (relating to personnel and supervision).

   (6)  Section 105.107 (relating to completion certificate and final plans).

   (7)  Section 105.111 (relating to commencement of water storage).

Source

   The provisions of this §  105.445 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9.

Cross References

   This section cited in 25 Pa. Code §  105.449 (relating to compliance with permit conditions, regulations and laws).

§ 105.446. Procedure for issuance.

 (a)  At least 60 days prior to issuance of a general permit, the Department will:

   (1)  Publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit and locations for obtaining standardized plans.

   (2)  Provide written notice of the proposed general permit to the United States Army Corps of Engineers; the United States Coast Guard; the United States Fish and Wildlife Service; the United States Environmental Protection Agency; the Fish Commission; the Game Commission; applicable river basin commissions created by interstate compact; county agencies holding delegations under §  105.4 (relating to delegations to local agencies) and other interested Federal, State or interstate agencies.

 (b)  An opportunity shall be provided for interested members of the public, Federal and State agencies to provide written comments on a proposed general permit.

 (c)  The Department may, at its discretion, hold a public hearing on a proposed general permit for the purposes of gathering information and comments.

 (d)  General permits issued by the Department will be published in the Pennsylvania Bulletin at least 30 days prior to the effective date of the permits, as required by section 7(d) of the Dam Safety and Encroachments Act (32 P. S. §  693.7(d)).

Authority

   The provisions of this §  105.446 amended under section 5 of the Dam Safety and Encroachments Act (32 P. S. §  693.5).

Source

   The provisions of this §  105.446 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9; amended February 18, 1983, effective February 19, 1983, 13 Pa.B. 781. Immediately preceding text appears at serial pages (59051) and (59052).

§ 105.447. Registration requirements.

 (a)  The Department will require the registration of a project constructed, operated, maintained, modified or enlarged under a general permit, within a specified time limit.

 (b)  Registration requirements and time limits, if any, shall be set forth in the general permit governing each category of dam, water obstruction or encroachment.

 (c)  Registration statements shall set forth:

   (1)  The name and address of the person responsible for the project.

   (2)  The location of the project.

   (3)  The name or number of the general permit being utilized for the project.

 (d)  For a project requiring registration under this section, an amended registration shall be filed if there is a change of ownership of the dam, water obstruction or encroachment.

Source

   The provisions of this §  105.447 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9.

Cross References

   This section cited in 25 Pa. Code §  105.444 (relating to contents of general permits); and 25 Pa. Code §  105.448 (relating to determination of applicability of a general permit).

§ 105.448. Determination of applicability of a general permit.

 (a)  A person who desires to utilize a general permit issued under this subchapter, but is uncertain as to the potential application of the general permit to a particular proposed dam, water obstruction or encroachment, should consult with the Department. The Department may issue a determination as to whether the general permit applies to the proposed dam, water obstruction or encroachment.

 (b)  A request for a determination of the applicability of a general permit may not be considered a permit application for purposes of this chapter.

 (c)  A project requiring registration under §  105.447 (relating to registration requirements) may be charged an application fee as set forth in §  105.13 (relating to regulated activities—information and fees).

Authority

   The provisions of this §  105.131a amended under sections 5, 7, 10, 11 and 17 of the Dam Safety and Encroachments Act (32 P. S. § §  693.5, 693.7, 693.10, 693.11 and 693.17); sections 5, 6, 8 and 402 of The Clean Streams Law (35 P. S. § §  691.5, 691.6, 691.8 and 691.402); 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 sections 302 and 402 of the Flood Plain Management Act (32 P. S. § §  679.302 and 679.402).

Source

   The provisions of this §  105.448 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9; amended February 15, 2013, effective February 16, 2013, 43 Pa.B. 967. Immediately preceding text appears at serial page (313677).

Cross References

   This section cited in 25 Pa. Code §  105.443 (relating to nature of a general permit; substitution for individual applications and permits).

§ 105.449. Compliance with permit conditions, regulations and laws.

 A person who constructs, operates, maintains, modifies, enlarges or abandons a dam, water obstruction or encroachment under a general permit shall comply with the terms and conditions of the general permit, with this chapter, except as expressly waived under §  105.445 (relating to waiver of certain requirements), and with the Flood Plain Management Act (32 P. S. § §  679.101—679.601), and other applicable laws, to the same extent as if the dam, water obstruction or encroachment were covered by an individual permit.

Source

   The provisions of this §  105.449 adopted January 2, 1981, effective January 3, 1981, 11 Pa.B. 9.



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