(a) The permittee
or owner of an existing or proposed Hazard Potential Category 1, Category 2 or
Category 3 dam as classified in §
105.91 (relating to classification
of dams and reservoirs) shall develop an EAP to be followed in the event of a
dam hazard emergency as defined in §
105.135 (relating to dam hazard
emergencies). The EAP shall be submitted to the Department and approved by the
Department and the Pennsylvania Emergency Management Agency (PEMA).
(1) Prior to submitting the EAP for review or
approval, the permittee or owner shall schedule a meeting with the county
emergency management coordinators for those counties affected by the dam's
failure.
(2) Each submission of the
EAP must be signed by the dam owners, the dam operators, and the county
emergency management coordinators for those counties affected by the dam's
failure signifying concurrence with the EAP.
(3) In the case of a proposed dam, the EAP
shall be submitted to the Department and approved by the Department and PEMA
prior to commencement of storage of water, fluid or semifluid.
(4) The EAP must be prepared in accordance
with the most recent EAP guidelines developed by the Department and
PEMA.
(b) Upon approval of
the EAP, the permittee or owner shall provide a copy of the signed approved EAP
to the municipal emergency management agencies and the emergency response
agencies listed in the EAP.
(c)
Within 60 days of the date of the Department's approval letter, the permittee
or owner shall provide the Department a written statement certifying that a
signed approved copy of the EAP has been provided to each municipal emergency
management agency and to each emergency response agency listed in the
EAP.
(d) In addition to the
requirements in subsections (a), (b) and (c), the permittee or owner of a
Hazard Potential Category 1 or Category 2 dam shall post notices in public
locations in areas that may be affected by the failure of the dam. The notice
must indicate that copies of the EAP are available for review at the
appropriate county and municipal emergency management offices. Also, the notice
shall be posted by the permittee or owner in public places within each
political subdivision situated within the inundation area downstream of the
dam. The notice shall be posted in the city, borough, and township buildings in
the affected municipalities, with the management's permission. Additionally,
the notice shall be posted in locations within the inundation area, such as,
post offices, libraries, grocery stores, or gas stations, with the management's
permission.
(e) Within 60 days of
the date of the Department's approval letter, the permittee or owner shall
provide the Department a written statement certifying that the notice has been
posted in the locations listed in the EAP. The permittee or owner shall certify
in each subsequent annual inspection report, as required in §
105.53(a), that
the notices remain posted or were reposted in the locations listed in the
EAP.
(f) The EAP shall be reviewed
and updated every 5 years or the frequency interval indicated in the most
recent EAP guidelines developed by the Department and PEMA.
(g) The Department may require the EAP be
updated, as necessary, if there is a new owner or operator, if changes occur in
the downstream inundation area or in the Hazard Potential
Category.
