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§ 693.5. Regulations and standards

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 32 P.S. Forests, Waters and State Parks

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 32 P.S. Forests, Waters and State Parks
Part II. Waters (Refs & Annos)
Chapter 25A. Dam Safety and Encroachments (Refs & Annos)
32 P.S. § 693.5
§ 693.5. Regulations and standards
(a) The Environmental Quality Board shall have the power, and its duty shall be, to adopt such regulations and standards for the design, construction, operation, monitoring, maintenance, modification, repair and removal of dams and reservoirs, water obstructions and encroachments as are necessary and proper to carry out the purposes of this act. The regulations shall include, but are not limited to, rules establishing:
(1) Standards and criteria for the siting and design of dams, water obstructions and encroachments considering both existing and projected conditions which may affect the safety of a project during its construction and operational life.
(2) Requirements for operation of dams including operational plans to be prepared and implemented by owners.
(3) Requirements for monitoring, inspection and reporting of conditions affecting the safety of dams, water obstructions and encroachments.
(4) Requirements for emergency warning and action plans to be prepared and implemented by owners, in cooperation with civil authorities.
(5) Reasonable fees for the processing of applications and periodic inspections, for the purpose of reimbursing the Commonwealth for the costs of administration of this act.
(b) In promulgating regulations pursuant to this act applicable to dams, and to water obstructions and encroachments which may present a substantial potential risk to life or property, the Environmental Quality Board shall consider:
(1) the inclusion of the best available preventative measures necessary to assure protection of life, health, property and the environment with an adequate margin of safety;
(2) water management and the impacts of development in watersheds as a whole;
(3) the state of scientific and technological knowledge at the time the regulations are adopted; and
(4) the immediate and long-range economic impact upon the Commonwealth and its citizens.
(c) In promulgating regulations pursuant to this act applicable to water obstructions and encroachments which do not present substantial potential risks to life or property, the Environmental Quality Board shall consider:
(1) the state of scientific and technological knowledge and good engineering practice relating to various types of water obstructions and encroachments;
(2) the economic impact upon the Commonwealth and its citizens;
(3) the relationship of water obstructions and encroachments to hydrologic management in the watershed as a whole; and
(4) the impacts of water obstructions and encroachments upon water quality and the environment.

Credits

1978, Nov. 26, P.L. 1375, No. 325, § 5, effective July 1, 1979. Amended 1979, Oct. 23, P.L. 204, No. 70, § 1, imd. effective.
32 P.S. § 693.5, PA ST 32 P.S. § 693.5
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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