1. (a) Surface drainage from the disturbed area shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the site. The Department may waive the required use of sedimentation ponds when a person demonstrates to the Department that sedimentation ponds are not necessary to meet the requirements of § 295.251 (relating to general requirements).
2. (b) Sedimentation ponds shall be constructed, operated and maintained under this section, Chapters 102 and 105 (relating to erosion and sediment control; and dam safety and waterway management) and the minimum design criteria contained in the United States Soil Conservation Service’s Engineering Standard 378, ‘Pond’ Pa., as amended.
3. (c) Sedimentation ponds and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
4. (d) A pond shall include a nonclogging dewatering device approved by the Department that will allow the draining of the water from the pond. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.
5. (e) The ponds shall be designed, constructed and maintained to prevent short circuiting to the maximum extent possible.
6. (f) The design, construction and maintenance of a sediment pond under this section does not relieve the operator of the responsibility for complying with the applicable treatment requirements and effluent limitations established under § 295.251.
7. (g) At a minimum, sedimentation ponds shall be capable of treating the runoff resulting from a 25-year, 24-hour precipitation event.
8. (h) A sedimentation pond shall be designed and inspected during construction under the supervision of a registered professional engineer, who shall certify to the Department upon completion of construction that the pond was constructed as approved in the permit.

Source

The provisions of this § 295.253 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (266347).