Section 88.196. Hydrologic balance: permanent impoundments

Permanent impoundments may be authorized by the Department, upon the basis of the following demonstrations:

(1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established under § 88.187 (relating to hydrologic balance: effluent standards).

(2) The level of water shall be sufficiently stable to support the intended use.

(3) Adequate safety and access to the impounded water shall be provided for proposed water users.

(4) Water impounded will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.

(5) The design, construction and maintenance of structures shall achieve the minimum requirements are required by § 88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).

(6) The size of the impoundment shall be adequate for its intended purposes.

The provisions of this § 88.196 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.