25 Pa. Code § 89.89 - Permanent impoundments
Permanent impoundments are prohibited unless authorized by the Department, upon the basis of the following demonstration:
(1) The quality of the impounded
water shall be suitable, on a permanent basis, for its intended use, and
discharge or water from the impoundment shall not degrade the quality of
receiving waters of the Commonwealth to less than the water quality standards
established under applicable State and Federal laws.
(2) The level of water shall be sufficiently
stable to support the intended use.
(3) Adequate safety and access to the
impounded water shall be provided for proposed water users.
(4) Water impoundments will not result in the
diminution of the quality or quantity of water used by adjacent or surrounding
landowners for agricultural, industrial, recreational or domestic
uses.
(5) The design, construction
and maintenance of structures shall achieve the minimum design requirements of
§
89.111 or §
89.112 (relating to performance
standards) as appropriate.
(6) The
size of the impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the
approved postmining land use.
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