N.J. Admin. Code § 7:20-1.11
Current through Register Vol. 56, No. 11, June 3, 2024
Section 7:20-1.11 - Dam operating requirements and inspections: new and existing dams(a) The owners and operators of all dams shall develop and use an Operation and Maintenance Manual which provides guidance and instruction to project personnel for the proper operation and maintenance of the reservoir and dam, and meets the following requirements:1. The manual shall be composed of two parts. i. Part one shall include an introduction, project description, project authorizations, project history and list of project contracts.ii. Part two shall contain the operation and maintenance instructions for major project facilities and equipment and a schedule for maintenance.(b) The owners or operators of all dams which raise the waters of any stream more than 70 feet above its usual mean low-water height or which impounds more than 10,000 acre-feet of water shall have a regular inspection performed annually and formal inspections performed every three years by a New Jersey licensed professional engineer. These inspections must be attended by a professional engineer assigned from the Department. In the year of the formal inspection, regular or informal inspections need not be performed.(c) Owners or operators of Class I dams not meeting the size characteristics described in (b) above shall have a regular inspection performed once every two years and a formal inspection performed every six years.(d) Owners or operators of Class II dams shall have a regular inspection performed once every two years and a formal inspection performed every 10 years.(e) Owners or operators of Class III and IV dams shall have a regular inspection performed every four years. The Department may at its discretion require the owner or operators to perform a formal inspection of a Class III or IV dam.(f) All dam inspections shall be performed from March through December.(g) All inspections shall be performed in compliance with the following requirements: 1. A written guide provided by the Department for the preparation of a Report on Condition of the dam shall be used for all inspections.2. Formal and regular dam inspections shall be performed by a licensed New Jersey professional engineer. Except for Class IV dams, the required report shall be submitted to the Department by the engineer within 30 days of completion of the inspection. The report shall indicate the results of the inspection, documenting the conclusions and recommendations. Reports for Class IV dams shall be submitted to the county and/or municipal engineer having jurisdiction over the dam structure.3. Informal inspections may be performed by the dam owner or operator and the Report on Condition shall be part of the owner's or operator's permanent file and, unless requested by the Department, Reports shall not be submitted to the Department.4. The Department may extend the time for submission of the required material for up to 30 days, if the owner or operator justifies the need for such extension.5. Failure by the permittee to inspect within the required time periods or failure to submit the Report on Condition may result in an order to drain the impoundment under the provisions of the Safe Dam Act (58:4-1 et seq.), and/or any other remedy allowed by law.(h) For good cause, the Department may require the owner or operator of any dam to perform an inspection of any type at any time.(i) The owner or operator of all Class I and II dams shall prepare and use an Emergency Action Plan as described in 7:20-1.7(f).N.J. Admin. Code § 7:20-1.11
Amended by R.1990 d.276, effective 6/4/1990.
See: 22 N.J.R. 279(a), 22 N.J.R. 1760(a).
In (a), owners and operators of all dams required to develop and use manual. Deleted (b) and redesignated (c) as (b); deleted (d) and (e) and added new (c) through (e) regarding Class I, II, III and IV dams. In (f), inspection season made continuous. Deleted (g) and redesignated (h) as (g). In (g)3, Class IV exceptions removed and "Report on Condition" required to be part of owner or operator's permanent file and not submitted to DEP. (i) and (j) redesignated (h) and (i).