W. Va. Code R. § 47-34-15

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-34-15 - Dam Operations and Safety

15.1. Safe Operations - The owner of a dam shall ensure that his or her dam is operated in a safe and responsible manner so as not to endanger life or property.

15.2. Operations Plan - Owners of dams which require the operation of gates, penstocks, or other means of regulating the reservoir level or downstream flow shall develop and submit an operations plan to the Secretary for approval.

15.2.a. Plan Contents - The operations plan shall include, but not be limited to, normal and seasonal operational procedures for gates, penstocks, and other reservoir or downstream flow regulating devices. The name, address, and telephone number of each individual authorized to operate the dam shall also be included in the plan.

15.2.b. Plan Implementation - The operations plan shall be implemented immediately upon approval by the Secretary and shall be updated periodically as necessary to reflect any changes in personnel or operation procedures.

15.3. Releasing Water - The owner of a dam may release water or lower the reservoir elevation through the use of gates without prior approval of the Secretary provided that the release of water will not adversely affect the dam structure, property, or water quality or pose a hazard to human life.

15.3.a. Emergency Releases of Water - Under emergency conditions, the owner of a dam may release water at a rate which may violate the criteria established under subsection 15.3. provided that such emergency release will not pose an unjustifiable hazard to human life. Notification must be given of a pending emergency release of water in accordance with the provisions of subdivision 15.8.a. In accordance with the provisions of W. Va. Code § 22-14-12, this regulatory provision shall not relieve the owner of the dam of any liabilities resulting from an emergency release of water.

15.3.b. Low Flow Augmentation - The Secretary may require the owner of a dam to maintain a specified stream flow below the dam or to augment the stream flow for appropriate in-stream uses.

15.4. Dam Safety Inspections - Periodic inspections of dams shall be performed to monitor and assess the condition of the dam. These scheduled safety inspections of completed dams shall be in the charge of an engineer.

15.4.a. Inspections by the Dam Owner - The owner of a dam or his or her agent shall perform safety inspections monthly or more frequently. Such inspections must survey the dam and its appurtenances to check for problems or changes since the last inspection. The owner or his or her agent shall inspect the dam more frequently than once per month during adverse weather conditions. The owner shall report any observed problems to the Secretary.

15.4.b. Inspections by the Secretary - The Secretary may inspect any dam at any time in accordance with the provisions of W. Va. Code § 22-14-4(i).

15.4.c. Inspections by the Owner's Engineer - An engineering inspection shall be conducted annually for three (3) years after the completion of any dam, in accordance with the provisions of paragraph 8.3.d. Upon the conclusion of this three-year period, the dam shall be inspected by the owner's engineer at the frequency specified in subparagraph 15.4.c.1. through subparagraph 15.4.c.4. as appropriate to the hazard classification of the dam. The Secretary may require additional inspections based upon site conditions. The Secretary reserves the right to attend any inspection and require prior notification of the inspection from the owner of the dam.

15.4.c.1. Class 4 dams shall be inspected at least once every seven (7) years.

15.4.c.2. Class 3 dams shall be inspected at least once every five (5) years.

15.4.c.3. Class 2 dams shall be inspected at least once every three (3) years.

15.4.c.4. Class 1 dams shall be inspected at least once every two (2) years.

15.4.d. Inspection of Dams with Serious Problems - The Secretary may establish the frequency of inspection of dams with serious problems for both inspections by the dam owner under subdivision 15.4.a. and inspections by the owner's engineer under subdivision 15.4.c. The inspection of a dam with serious problems shall monitor slopes, seepage, bulges, scarps, vertical displacement, excessive erosion, piping, sudden changes in monitoring devices, and other visible factors which could indicate potential failure of the embankment, spillways, or other appurtenances. The Secretary reserves the right to attend any inspection and require prior notification of the inspection by the owner of the dam.

15.5. Dam Safety Inspection Reports.

15.5.a. Inspection Reports for Completed Dams - A written report containing the observations of each inspection that is required under subdivision 8.3.d. and subdivision 15.4.c. shall be submitted to the Secretary by the dam owner within thirty (30) days of the inspection. The report shall also describe maintenance work to be performed as a result of the inspection findings. Should a storm equal to or greater than a 50-year, 6-hour rainfall event occur, a similar report shall be filed to detail the resultant condition of the structure. Certification by an engineer shall be submitted to the Secretary with each inspection report to verify that the dam and its appurtenances are functioning as designed.

15.5.b. Inspection Reports for Dams with Serious Problems - A written report containing the observations of each inspection required under subdivision 15.4.d. shall be submitted to the Secretary by the dam owner within thirty (30) days of the inspection.

15.6. Monitoring Plans - Owners of Class 1 dams shall formulate and submit a monitoring plan to the Secretary for approval. Owners of Class 2 and 3 dams may be required by the Secretary to formulate and submit a monitoring plan for approval.

15.6.a. The monitoring plan developed by the dam owner must follow the format of the example plan provided by the Secretary and shall include, but not be limited to, the following:

15.6.a.1. A description of the dam, including appropriate drawings and location maps;

15.6.a.2. A listing of problems and deficiencies and any implemented repairs;

15.6.a.3. The inspection frequency under varying weather conditions;

15.6.a.4. A description of areas or items to be inspected;

15.6.a.5. Corrective actions to be taken;

15.6.a.6. The responsible persons' names, addresses, and telephone numbers;

15.6.a.7. The method of notification of the Secretary and county emergency services authorities; and

15.6.a.8. Other items required by the Secretary based upon site-specific conditions.

15.6.b. Monitoring plans shall be updated annually. More frequent updating of the plans may be required by the Secretary based upon rapidly changing personnel or site conditions. The monitoring plan shall be implemented immediately by the dam owner upon the approval of the plan by the Secretary.

15.7. Emergency Action Plans - Owners of Class 1 dams shall formulate and submit an emergency action plan to the Secretary for approval. Owners of Class 2 and 3 dams may be required by the Secretary to formulate and submit an emergency action plan for approval.

15.7.a. The emergency action plan developed by the dam owner must follow the format of the example plan provided by the Secretary.

15.7.b. The dam owner shall coordinate with county emergency service authorities in the development of the emergency action plan. The dam owner must provide copies of the inundation maps required under paragraph 3.5.c.2. to those authorities.

15.7.c. The dam owner shall provide county emergency services authorities with a copy of the monitoring plan, and all updates of that plan, approved by the Secretary pursuant to subsection 15.6.

15.8. Emergency Procedures.

15.8.a. Emergency Condition - If the owner of a dam determines that an emergency exists, he or she shall immediately notify any person who may be endangered if the dam should fail and then notify the appropriate county emergency services authorities and the Secretary. After providing notification of the emergency condition, the owner shall immediately take any remedial action, such as an emergency release of water, that is necessary to protect life and property. The Secretary may waive the requirement for a certificate of approval, as required under section 4, where it is necessary to accomplish repairs under emergency conditions.

15.8.b. Dangerous Condition - Should a dangerous condition develop, the Secretary shall be informed immediately. The owner of the dam shall immediately take any remedial action necessary to protect life and property. Emergency procedures developed in accordance with the provisions of subsection 15.6. and subsection 15.7. shall be implemented to protect life and property downstream. The site shall be inspected and monitored at least once every eight (8) hours until the emergency situation is alleviated. Continuous monitoring may be required by the Secretary when there is an imminent danger to the health, safety, or welfare of the public.

15.8.c. Evaluation of Dangerous Conditions - If a dangerous condition develops, an engineering evaluation shall be initiated as soon as possible to formulate a plan for permanent correction of the dangerous condition. The evaluation and corrective action plan shall be submitted to and approved by the Secretary prior to implementation.

15.9. Dam Owner Not Relieved of Responsibility - The Secretary's approval of a monitoring plan, or updates to such a plan, pursuant to subsection 15.6. or his or her approval of an emergency action plan pursuant to subsection 15.7. shall not relieve the dam owner of his or her legal duties, obligations, or liabilities under W. Va. Code §§ 22-14-10 and 22-14-12.

W. Va. Code R. § 47-34-15