Section 88.302. Hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance

(a) Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and maintained in accordance with Chapter 105.

(b) The design, construction and maintenance of dams, ponds, embankments and impoundments that are not of the class of subsection (a) shall achieve the minimum design criteria contained in United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standards 350 ‘‘Sediment Basin’’ and 378, ‘‘Pond,’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

The provisions of this § 88.302 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 (199144) to (199145).

Notation

Authority

The provisions of this § 88.302 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 § 88.298 (relating to hydrologic balance: sedimentation ponds); and 25 Pa. Code § 88.301 (relating to hydrologic balance: permanent impoundments).