(a) In accordance with this subchapter, the
Department may issue general permits on a regional or Statewide basis for a
category of dam, water obstruction or encroachment if the Department determines
the following:
(1) The projects in the
category are similar in nature.
(2)
The projects in the category can be adequately regulated utilizing standardized
specifications and conditions, including reference to specific criteria and
requirements adopted by another Federal or State agency which adequately
regulate the particular category of dam, water obstruction or
encroachment.
(3) The projects
which are in the category and meet the specifications and conditions will
comply with the requirements for permit issuance in §§
105.14-
105.17 and
105.21 and the standards and
requirements for design, construction, operation, maintenance and monitoring in
this chapter.
(b) General
permits issued under this subchapter may be issued on a Statewide basis or
limited to specific watersheds, particular categories of streams or designated
geographic regions.
(c) The
Department will not issue a general permit for the following:
(1) A dam in size classifications A or B or
hazard potential classifications 1 or 2, as defined in §
105.91 (relating to classification
of dams or reservoirs).
(2) A dam
used for storage of fluids or semifluids other than water the escape of which
may result in air, water or land pollution or in danger to persons or property
unless the impoundment created by the dam is otherwise adequately regulated by
another program requiring individual permits issued by the Department or
another Federal or State agency.
(3) A dam, water obstruction or encroachment
which may present a substantial risk to life and property, requiring proof of
financial responsibility under §
105.20 (relating to proof of
financial responsibility).
