Current through Register Vol. 54, No. 25, June 22, 2024
Section 88.197 - Hydrologic balance: 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 Natural Resources Conservation Service's Pennsylvania Field Office Technical Guide, Section IV, Standards 350 "Sediment Basin" and Standard 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 § 88.197 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective 8/10/1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508.The provisions of this § 88.197 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); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)).
This section cited in 25 Pa. Code § 88.194 (relating to hydrologic balance: sedimentation ponds); and 25 Pa. Code § 88.196 (relating to hydrologic balance: permanent impoundments).