Current through Register Vol. 54, No. 44, November 2, 2024
Section 105.442 - Authorization for general permits(a) In accordance with this subchapter, the Department may issue general permits on a regional or Statewide basis for a category of dam, water obstruction or encroachment if the Department determines the following: (1) The projects in the category are similar in nature.(2) The projects in the category can be adequately regulated utilizing standardized specifications and conditions, including reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the particular category of dam, water obstruction or encroachment.(3) The projects which are in the category and meet the specifications and conditions will comply with the requirements for permit issuance in §§ 105.14-105.17 and 105.21 and the standards and requirements for design, construction, operation, maintenance and monitoring in this chapter.(b) General permits issued under this subchapter may be issued on a Statewide basis or limited to specific watersheds, particular categories of streams or designated geographic regions.(c) The Department will not issue a general permit for the following: (1) A dam in size classifications A or B or hazard potential classifications 1 or 2, as defined in § 105.91 (relating to classification of dams or reservoirs).(2) A dam used for storage of fluids or semifluids other than water the escape of which may result in air, water or land pollution or in danger to persons or property unless the impoundment created by the dam is otherwise adequately regulated by another program requiring individual permits issued by the Department or another Federal or State agency.(3) A dam, water obstruction or encroachment which may present a substantial risk to life and property, requiring proof of financial responsibility under § 105.20 (relating to proof of financial responsibility).The provisions of this §105.442 adopted January 2, 1981, effective 1/3/1981, 11 Pa.B. 9; amended October 11, 1991, effective 10/12/1991, 21 Pa.B. 4911.The provisions of this §105.442 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).