W. Va. Code R. § 47-34-16

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

Section 47-34-16 - Dam Maintenance

16.1. General Maintenance Requirements.

16.1.a. Required Maintenance - Each dam shall be maintained in accordance with the plans and specifications approved under the applicable certificate of approval. The Secretary may require maintenance to be performed on a dam, whether or not a certificate of approval has been issued for that dam.

16.1.b. Maintenance Plan - Owners of dams shall formulate and submit a written maintenance plan to the Secretary for approval. The maintenance plan shall include, but not be limited to, schedules for maintaining embankments, concrete structures, vegetative or rock covers, gates, gate mechanisms, penstocks, or other reservoir-regulating devices, spillways, and appurtenances. The maintenance plan shall be implemented immediately by the dam owner upon the approval of the plan by the Secretary. The maintenance plan shall be updated periodically as necessary to reflect changing site conditions.

16.2. Specific Maintenance Requirements.

16.2.a. All spillways and appurtenances shall be maintained to operate in accordance with the plans and specifications approved under the applicable certificate of approval.

16.2.b. All failures resulting from landslides or slope failures shall be corrected immediately if the failures significantly affect the safety or design capacity of the dam or its appurtenances. All failures shall be reported to the Secretary.

16.2.c. All pipes shall be repaired or replaced when damaged, or distorted, or if they otherwise fail to function properly in accordance with the plans and specifications approved under the applicable certificate of approval.

16.2.d. Leakage through joints, fissures, and cracks through or under the spillway channel shall be immediately investigated and repaired.

16.2.e. Any new gate which has been installed in a new dam or in the repair or modification of an existing dam, or any gate which has been opened within five (5) years prior to inspection by the Secretary, shall be opened to at least thirty-three percent (33%) of its maximum capacity at least once annually. Gates not meeting the above requirements may remain closed until operated for the purposes of the owner or to alleviate an emergency condition and shall thereafter be opened at least once annually. All gate mechanisms shall be lubricated annually regardless of the operational status of the gate.

16.3. Routine Maintenance.

16.3.a. Routine maintenance of spillways shall be performed. Such maintenance shall include the removal of sediment, brush, trees, obstructions, and rocks in stilling basins and the re-establishment of the structure to its original hydraulic design.

16.3.b. Routine inspections shall be made of all hydraulic structures in order to maintain proper operation. Special inspections shall be conducted whenever a significant flow through the structures has occurred.

16.3.c. If erosion on the embankment face or abutments occurs, the area shall be regraded and be provided with adequate drainage control or revegetation to prevent future occurrences.

16.3.d. All concrete structures and channel linings shall be maintained in accordance with the plans and specifications approved under the applicable certificate of approval. All cracks located in concrete channels shall be sealed immediately with a sealant approved by the Secretary.

16.3.e. Access roads shall be maintained in order to provide access for emergency inspections, vehicles, and equipment.

16.3.f. The embankment or concrete structure of a dam shall be kept clear of trees and shrubs. The downstream toe and abutments of the dam shall be cleared to natural ground for a lateral distance of at least twenty-five (25) feet. All dams with vegetative covers shall be mowed at least once annually. Grazing by farm animals shall be controlled to prevent animal trails or other damage to the vegetative cover.

16.3.g. The embankment shall be kept clear of burrowing animals.

16.3.h. All monitoring devices shall be routinely inspected and repaired or replaced as necessary so that the devices function properly.

W. Va. Code R. § 47-34-16