Mo. Code Regs. tit. 10 § 22-3.030
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 10 CSR 22-3.030 - Registration Permit RequirementsPURPOSE: To correct an error in section 1 of the current rule and to take out language discussing right of entry restated from statute.
(1) In addition to the basic requirements for all permits listed in 10 CSR 22-3.020(1), (2), (3), and (7), the registration permit application for a conventional dam and reservoir must include certification by an experienced professional engineer or an agency engineer that the dam and reservoir have been inspected in accordance with the law and that the owner has complied with the engineer's recommendations to correct the observed defects and an inspection report, as required by the law. The engineer must further show that the spillway can safely pass the spillway design flood derived from Table 5 and submit a report describing the correction of all observed defects and the description of an operation and maintenance program to be followed while the registration permit is in effect. (A) The inspection of a dam and reservoir for a registration permit is intended to detect observable defects. The procedure to determine observable defects normally will be a surface examination by an experienced professional engineer or an agency engineer. The inspection must include all surface examinations necessary to determine if observable defects exist that affect the stability of the dam and reservoir or the adequacy of the spillway. Judgment of the structural stability and an evaluation of the spillway capacity must be made. Judgment shall be based upon the engineer's experience, training and knowledge of similar dams and in accordance with practices reputable and in current use in the engineering, geologic and construction professions. 1. Observed defects which may require correction, evaluated on the basis of current engineering, geologic and construction practices, include but are not limited to: slides; slopes as steep as or steeper than those on similar types of dams and constructed of similar materials which have experienced slope stability problems; piping of fines; seepage that exits in an uncontrolled fashion on the downstream slope of or from the downstream foundation of the dam; unusual zones of softness and irregular settlement; erosion on the upstream or downstream slope of the dam; spillways that are calculated to be inadequate for the design flood; spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.2. Observed defects that are in an advanced state of deterioration must be immediately reported by the inspecting engineer to the owner and to the chief engineer.(B) Proper maintenance and operation of a dam and reservoir are critical to the continuing safety of a dam and reservoir and to public safety, life and property. A maintenance program is required and shall include the following items: erosion control on the embankment; monitoring emergency spillway flow rates; vegetation control; spillway maintenance; emergency action plans; maintenance and monitoring of seepage observation devices, if any; and maintenance and monitoring of instruments used, if any, to observe the stability of the dam.(C) Visits for the purpose of observation of maintenance and operation may be made by the council, the chief engineer, or a member of the chief engineer's staff. Visits will be at any reasonable time following reasonable notice, except that in the case of an emergency threatening public safety, life, or property, inspection may be at any time.(D) The application need not state, nor is it necessary to show, that the dam is a safe dam. The intent of the registration permit is to show that the dam is performing adequately and that there are no observable indications that the dam is unsafe.(2) In addition to the basic requirements for all permits listed in 10 CSR 22-3.020(1), (2), (3), and (7), the registration permit application for an industrial water retention dam and reservoir shall include certification by an experienced professional engineer or an agency engineer that the dam and reservoir have been inspected in accordance with the law and that the owner has complied with the engineer's recommendations to correct observed defects and an inspection report, as required by the law. The engineer must further show that the spillway can safely pass the spillway design flood derived from Table 5 and submit a report describing the correction of any observed defects, the operation and maintenance program to be made a part of the registration permit and the phased, stepped, and/or continuous construction of the dam. (A) The inspection of an industrial water retention dam and reservoir for a registration permit is intended to detect observable defects. The procedure to determine observable defects normally will be a surface examination by an experienced professional engineer or an agency engineer. The inspection must include all surface examinations necessary to determine if observable defects exist that affect the stability of the dam and reservoir or the adequacy of the spillway. Judgment of the structural stability and an evaluation of the spillway capacity must be made. Judgment shall be based upon the engineer's experience, training and knowledge of similar dams and in accordance with practices reputable and in current use in the engineering, geologic and construction professions. 1. Observed defects which may require correction, evaluated on the basis of current engineering, geologic and construction practices, include but are not limited to slides; slopes as steep as or steeper than those on similar types of dams and constructed of similar materials which have experienced slope stability problems; piping of fines; seepage that exits in an uncontrolled fashion on the downstream slope of or from the downstream foundation of the dam; unusual zones of softness and irregular settlement; erosion on upstream or downstream slope of the dam; spillways that are calculated to be inadequate for the design flood; spillways that are eroded or otherwise in poor condition and cracks in the embankment or structure.2. Observed defects that are in an advanced state of deterioration must be immediately reported by the inspecting engineer to the owner and to the chief engineer.(B) Proper maintenance and operation of a dam and reservoir are critical to the continuing safety of a dam and reservoir and the protection of public safety, life and property. A maintenance program is required and shall include the following items: erosion control on the embankment; monitoring of storm runoff; vegetation control; spillway maintenance; emergency action plans; maintenance and monitoring of seepage observation devices, if any; and maintenance and monitoring of instruments used, if any, to observe the stability of the dam.(C) The council or chief engineer may require the owner to submit a report describing the phased, stepped, and/or continuous construction of an industrial water retention dam and reservoir, containing information on the materials used, method of transport, and placement of materials, the sequence and placement location of materials, spillway changes to be made, the anticipated final dimensions and configuration of the dam and the name, address, and telephone number of the person(s) in responsible charge of this work.(D) Visits for the purpose of inspecting during construction or enlargement or observation of maintenance and operation may be made by the council, the chief engineer or a member of the chief engineer's staff. Visits will be at any reasonable time following reasonable notice, except that in the case of an emergency threatening public safety, life or property, inspection may be made at any time.(E) It shall not be necessary for the owner to retain an experienced professional engineer or an agency engineer continuously during the entire permit period unless there is mod-ification(s) in the construction method described in the permit application. However, personnel with adequate supervision and training in methods of safe construction, maintenance and operation of dams must be provided to insure that the construction maintenance and operation of the dam and reservoir are carried out as described.(F) The registration permit will be the only permit required for an industrial water retention dam and reservoir that was in existence prior to the effective date listed in 10 CSR 22-2.020(2) unless it is to be reduced or removed. If the dam or reservoir is to be reduced or removed, a construction permit will be required. Other changes will require the owner to obtain a new registration permit.(G) The applicant need not state, nor is it necessary to show, that the dam is a safe dam. The intent of the registration permit is to show that the dam is performing adequately and that there are no readily observable indications that the dam is unsafe and that phased, stepped, and/or continuous construction of the dam will meet the requirements of the law. AUTHORITY: sections 236.400, 236.405, 236.415, 236.420, 236.425, 236.440 and 236.465, RSMo 1986.* Original rule filed April 14, 1981, effective 8/13/1981. Amended: Filed June 14, 1984, effective 1/1/1985. Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 2/28/2019*Original authority: 236.400, RSMo 1979; 236.405, RSMo 1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.420, RSMo 1979; 236.425, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo 1979.