1. (a) Upon the Department’s review and approval of the dam permit application for the construction or modification of a dam in accordance with § 105.81 (relating to permit applications for construction and modification of dams and reservoirs), the Department will issue a dam construction permit.

2. (b) For newly constructed or modified dams permitted under subsection (a), the Department will issue a dam operation and maintenance permit after the following conditions have been met:

   1. (1) Meeting the requirements of § § 105.107—105.109 (relating to final inspection; completion certification and project costs; and as-built plans) by the owner or permittee.
   2. (2) Acceptance of construction or modification by the Department.
3. (c) Upon the Department’s review and approval of the dam permit application for operation and maintenance of existing dams in accordance with § 105.82 (relating to permit applications for operation and maintenance of existing dams and reservoirs), the Department will issue a dam operation and maintenance permit.

Authority

The provisions of this § 105.88 issued under section 5 of the Dam Safety and Encroachments Act (32 P. S. § 693.5).

Source

The provisions of this § 105.88 adopted January 7, 2011, effective January 8, 2011, 41 Pa.B. 219.