Section 87.73. Dams, ponds, embankments and impoundments

(a) An application shall contain a general plan and a detailed design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area.

(b) The general plan shall contain the following:

(1) A description, map and cross section of the structure and its location.

(2) Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.

(3) A survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past underground mining operations if underground mining has occurred.

(4) A certification statement which includes a schedule setting forth the dates that detailed design plans for structures that are not submitted with the initial application. The detailed design of the structure shall be approved by the Department, in writing, before construction of the structure begins.

(c) The detailed design plan for a structure shall:

(1) Be prepared by, or under the direction of, and certified by a qualified registered professional engineer with assistance, as necessary, from experts in related fields such as geology, land surveying and landscape architecture, when a permit under Chapter 105 (relating to dam safety and waterway management) is required or when impoundments meet or exceed MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general). When a permit under Chapter 105 is not required or when impoundments do not meet or exceed the MSHA size classification or other criteria of 30 CFR 77.216(a) (relating to water sediment or slurry impoundment and impounding structures; general), the detailed design plan shall be prepared by, or under the direction of, and certified by a qualified registered professional engineer or qualified registered land surveyor.

(2) Include design and construction requirements for each structure, including required geotechnical information.

(3) Describe the operation and maintenance requirements for each structure.

(4) Describe the timetable and plans to remove each structure, if appropriate. An impounding structure constructed of coal refuse or used to impound coal refuse may not be retained permanently as part of the approved postmining land use, unless it develops into a fill meeting the construction requirements of § 90.122 (relating to coal refuse disposal).

(5) Include a stability analysis if the structure is more than 20 feet in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 20 acre feet.

(d) The detailed design of sedimentation ponds shall include the information required by § 87.108 (relating to hydrologic balance: sedimentation ponds).

(e) The detailed design of a coal processing waste dam or embankment shall include the information required by Chapter 90 (relating to coal refuse disposal).

The provisions of this § 87.73 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198946) to (198947).

Notation

Authority

The provisions of this § 87.73 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).

Cross References

This section cited in 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 87.65 (relating to maps and plans).