Current through Register Vol. 54, No. 44, November 2, 2024
(a) The permittee or owner of an existing or proposed Hazard Potential Category 1, Category 2 or Category 3 dam as classified in § 105.91 (relating to classification of dams and reservoirs) shall develop an EAP to be followed in the event of a dam hazard emergency as defined in § 105.135 (relating to dam hazard emergencies). The EAP shall be submitted to the Department and approved by the Department and the Pennsylvania Emergency Management Agency (PEMA). (1) Prior to submitting the EAP for review or approval, the permittee or owner shall schedule a meeting with the county emergency management coordinators for those counties affected by the dam's failure.(2) Each submission of the EAP must be signed by the dam owners, the dam operators, and the county emergency management coordinators for those counties affected by the dam's failure signifying concurrence with the EAP.(3) In the case of a proposed dam, the EAP shall be submitted to the Department and approved by the Department and PEMA prior to commencement of storage of water, fluid or semifluid.(4) The EAP must be prepared in accordance with the most recent EAP guidelines developed by the Department and PEMA.(b) Upon approval of the EAP, the permittee or owner shall provide a copy of the signed approved EAP to the municipal emergency management agencies and the emergency response agencies listed in the EAP.(c) Within 60 days of the date of the Department's approval letter, the permittee or owner shall provide the Department a written statement certifying that a signed approved copy of the EAP has been provided to each municipal emergency management agency and to each emergency response agency listed in the EAP.(d) In addition to the requirements in subsections (a), (b) and (c), the permittee or owner of a Hazard Potential Category 1 or Category 2 dam shall post notices in public locations in areas that may be affected by the failure of the dam. The notice must indicate that copies of the EAP are available for review at the appropriate county and municipal emergency management offices. Also, the notice shall be posted by the permittee or owner in public places within each political subdivision situated within the inundation area downstream of the dam. The notice shall be posted in the city, borough, and township buildings in the affected municipalities, with the management's permission. Additionally, the notice shall be posted in locations within the inundation area, such as, post offices, libraries, grocery stores, or gas stations, with the management's permission.(e) Within 60 days of the date of the Department's approval letter, the permittee or owner shall provide the Department a written statement certifying that the notice has been posted in the locations listed in the EAP. The permittee or owner shall certify in each subsequent annual inspection report, as required in § 105.53(a), that the notices remain posted or were reposted in the locations listed in the EAP.(f) The EAP shall be reviewed and updated every 5 years or the frequency interval indicated in the most recent EAP guidelines developed by the Department and PEMA.(g) The Department may require the EAP be updated, as necessary, if there is a new owner or operator, if changes occur in the downstream inundation area or in the Hazard Potential Category.The provisions of this §105.134 adopted September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911; amended January 7, 2011, effective 1/8/2011, 41 Pa.B. 219.The provisions of this §105.134 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).
This section cited in 25 Pa. Code § 105.81 (relating to permit applications for construction and modification of dams and reservoirs); 25 Pa. Code § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs); 25 Pa. Code § 105.89 (relating to Letters of Amendment and Letters of Authorization for modification of dams and reservoirs); 25 Pa. Code § 105.131 (relating to operation and monitoring plans); and 25 Pa. Code § 105.135 (relating to dam hazard emergencies).