Permanent impoundments may be authorized by the Department, upon the basis of the following demonstrations:
- (1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established under § 88.187 (relating to hydrologic balance: effluent standards).
- (2) The level of water shall be sufficiently stable to support the intended use.
- (3) Adequate safety and access to the impounded water shall be provided for proposed water users.
- (4) Water impounded will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.
- (5) The design, construction and maintenance of structures shall achieve the minimum requirements are required by § 88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).
- (6) The size of the impoundment shall be adequate for its intended purposes.
Source
The provisions of this § 88.196 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.