1. (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 under Chapter 105.
2. (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 378, ‘‘Pond’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

Authority

The provisions of this § 88.102 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)).

Source

The provisions of this § 88.102 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; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (207054) and (271923).

Cross References

This section cited in 25 Pa. Code § 88.98 (relating to hydrologic balance: sedimentation ponds); 25 Pa. Code § 88.101 (relating to hydrologic balance: permanent impoundments); 25 Pa. Code § 88.381 (relating to general requirements); 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).