S.C. Code Regs. § 72-4

Current through Register Vol. 48, No. 5, May 24, 2024

Section 72-4 - Inspections

A. General. Inspection of dams and their appurtenant works is necessary to verify the safety of dams and compliance with these rules and regulations and the Dams and Reservoirs Safety Act. The results of any inspection are subject to verification by the Department.

B. Classification Inspections. Classification inspections shall be performed in accordance with the Regulation covering Dam Classifications and Exemptions. Classification inspections are initially required to determine if a dam falls under the provisions of the Dams and Reservoirs Safety Act. Subsequent classification inspections may be necessary as development occurs which could affect the hazard potential of a dam, and consequently its classification.

C. Preliminary Inspections.

1. Preliminary inspections of dams shall be performed by the Department to identify those dams which require maintenance and/or repair actions to reduce their danger to human life or property. Preliminary inspections shall consist of a visual examination of the dam and its appurtenant works and may include an analysis of the dam's ability to pass flood waters or other problems that may be suspect as a result of the visual examination.

2. The Department shall schedule preliminary inspections of dams within a priority system based on the condition of the dam and the dam's classification. Should another authorized investigator indicate a need for a preliminary inspection or should a written private complaint alleging that the person or property of the complainant is endangered by the maintenance, operation or condition of a dam or reservoir be received, the Department shall schedule a preliminary inspection as soon as possible and if necessary a more detailed analysis as available resources permit.

3. The Department shall notify the owner of a dam prior to a preliminary inspection and shall advise the owner of the results of the inspection and of the Department's intentions regarding issuance of a detailed inspection and repair order or intentions regarding issuance of a maintenance order. The owner shall provide all readily available engineering design and performance data to the Department which shall be considered for inclusion in the preliminary inspection report. The owner shall remove sufficient trees, brush and brambles prior to the Department's inspection so that adequate visual examination of the dam and its appurtenant works can be accomplished. The owner shall furnish an Emergency Action Plan for all high hazard and significant hazard dams as a part of the preliminary inspection or reinspection. The minimum requirements for an Emergency Action Plan shall be the following:

a. An emergency alert notification plan on a format sheet supplied by the Department.

b. A written listing of the specific actions that shall be taken if there is reason to conclude the dam is near failure or has failed. This shall include the responsibility of the dam owner to notify any downstream property owners.

4. The results of a preliminary inspection may form the basis for ordering the dam owner to perform a detailed inspection. Although a preliminary inspection may identify only one specific problem area (such as inadequate spillway capacity, excessive seepage, apparent instability or others), this singular problem will be ample evidence to allow the Department, at its discretion to order a complete detailed inspection of all dam features, components and capabilities. Likewise the results of a preliminary inspection may form the basis for ordering the dam owner to perform certain minimum maintenance items on the dam.

D. Detailed Inspections.

1. Detailed inspections may be performed voluntarily or pursuant to an order issued by the Department. The Department may order a detailed inspection after determining through a preliminary inspection that further investigation is required. The owner has the right to request a hearing before an Administrative Law Judge if the request is submitted within 30 days after receiving the preliminary inspection results.

2. A detailed inspection shall be performed by a professional engineer licensed in the State and be in sufficient detail so that appropriate plans and specifications correcting all deficiencies of the dam can be prepared by the engineer and submitted by the owner to the Department for approval. The submission shall contain the results of the detailed inspection and shall be in the form of a permit application requesting either a repair, alteration or removal permit as set forth in the Regulation on Permitting Procedures and Requirements.

S.C. Code Regs. 72-4

Amended by State Register Volume 5, eff June 5, 1981; State Register Volume 17, Issue No. 5, Part 3, eff May 28, 1993; State Register Volume 21, Issue No. 7, eff July 25, 1997.