7 Del. Admin. Code § 5103-10.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 5103-10.0 - Requirements for Operation, Maintenance and Inspections10.1 General Requirements 10.1.1 The owners and operators of all dams regulated under these Regulations shall operate and maintain the dams according to the requirements of these Regulations.10.1.2 Specific requirements include the following:10.1.2.1 Develop and follow an O&M Plan, which provides guidance and instruction to project personnel for the proper operation, maintenance, surveillance, and inspection of the dam and reservoir.10.1.2.2 Conduct routine surveillance and formal and informal inspections in accordance with the requirements of these Regulations and the O&M Plan.10.1.2.3 Trees and other woody vegetation shall be prevented from growing on the dam unless waived by the Department.10.1.2.4 Conduct in a timely manner and document any routine maintenance and any repair work performed at the dam and reservoir citing the date and work performed.10.1.2.5 Prepare an EAP that complements the O&M Plan and provides detailed guidance on surveillance, including what constitutes an emergency situation and the actions to be followed in the event of an emergency.10.1.2.6 Review and update if necessary the O&M Plan on a yearly basis and provide the updated plan to the Department by July 1 of each year.10.2 Operation and Maintenance (O&M) Plan 10.2.1 The O&M Plan shall describe the steps to be followed by the owner to provide for the continued operation and maintenance of the dam and reservoir during the expected life of the structure. It shall consist of four parts as described in the following sections.10.2.2 Part One of the O&M Plan shall include an introduction, project description, project authorizations, project history, and list of project contacts.10.2.3 Part Two of the O&M Plan shall describe the steps to be followed by the owner to provide for the safe operation of the dam and reservoir and the continued minimum releases, withdrawals, etc.10.2.4 Part Three of the O&M Plan shall describe what work is to be done at periodic intervals (or when necessary) to keep the structure in proper operating condition. This work could include mowing or cutting bushy growth on embankments, preventing erosion or gullying of embankment surfaces, clearing toe drains, preventing trash and debris accumulation, protecting against or treating rust and spalling, and lubricating and exercising valves or other mechanical equipment. The description of this program shall be submitted to the Department for approval and inclusion among the required conditions of the construction period.10.2.5 Part Four of the O&M Plan shall describe the requirements for surveillance and inspection of the dam and reservoir and shall reference the EAP in the event that severe deficiencies or signs of a potential emergency condition are encountered.10.3 Surveillance and Inspections 10.3.1 The owner is responsible for the safety of the dam and for the necessary surveillance and inspections. The surveillance shall be performed by the owner, or a representative of the owner, and shall focus on conditions important to the dam's safety. The owner shall conduct Informal Inspections on at least a quarterly basis and promptly notify the Department of significant changes in condition. The Department has the right to require more frequent Informal Inspections by the owner, if deemed necessary.10.3.2 The owners or operators of all Class I dams shall have a Regular Inspection performed annually by a Delaware-licensed professional engineer. These inspections must be attended by a professional engineer assigned from the Department. Depending on the degree of hazard and/or condition of the dam, the Department may require the owner of a Class I dam to provide more frequent surveillance, which could be in the form of visual inspections and/or monitoring of instrumentation. The Department may also require the owner to have a Formal Inspection conducted by a Delaware-licensed professional engineer, if deemed necessary to confirm the safety of a given dam.10.3.3 Owners or operators of Class II dams shall have a Regular Inspection performed at least once every 2 years under the supervision of a Delaware-licensed professional engineer. The Department may also require the owner to have a Formal Inspection conducted by a Delaware-licensed professional engineer, if deemed necessary to confirm the safety of a given dam.10.3.4 All dam inspections shall be performed from March through December and in compliance with the following requirements: 10.3.4.1 A written guide provided by the Department for the preparation of a Report on Condition of the dam shall be used for all inspections.10.3.4.2 Regular dam inspections shall be performed by a Delaware-licensed professional engineer with experience in dam design and construction. The required report shall be submitted to the Department by the engineer within 90 days of completion of the inspection. The report shall indicate the results of the inspection, documenting the condition of the dam and appurtenant facilities, and problems or deficiencies noted as well as the engineer's conclusions and recommendations.10.3.4.3 The Department may also require more frequent inspections during the first filling and initial stages of operation of a new dam.10.3.4.4 Informal or routine 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.10.3.4.5 Formal Inspections shall be followed up with a report by the Delaware-licensed professional engineer with his/her opinion as to the conformance of the dam to currently accepted design standards and its overall safety with recommendations, as appropriate. The required report shall be submitted to the Department by the engineer within90 days of completion of the inspection.10.3.4.6 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.10.3.4.7 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 and/or any other remedy allowed by law.10.3.4.8 For good cause, the Department may require the owner or operator of any dam to perform an inspection of any type at any time.10.3.4.9 The owner or operator of all Class I and II dams shall prepare and use an EAP, as described in these Regulations.10.4 Emergency Action Plan (EAP) and Procedures 10.4.1 The EAP for Class I and II dams shall describe the steps to be followed in the event of a potential emergency condition. This includes requirements for surveillance; definitions of a potential emergency situation; a warning plan for notifying persons whose lives, property, or health may be endangered by failure, improper operation, or other circumstances affecting the safety of the dam; and an action plan for steps to be followed at the dam to mitigate the potential emergency. The warning plan shall identify the most practical and expeditious means for notifying potentially affected persons in close proximity to the dam or property owners.10.4.2 The EAP shall include: 10.4.2.1 Identification of designated dam inspectors, and designated alternates, to observe the dam during storms anticipated to exceed the 10-year-frequency storm event.10.4.2.2 A requirement that the dam inspectors measure and record the pool level and observe the dam during storm events and passage of flood peaks.10.4.2.3 Requirements for observations, including at a minimum the pool level, rate of pool level rise, debris accumulation in the spillway, excessive seepage, and signs of embankment distress.10.4.2.4 Identification of predetermined pool elevations or signs of distress in the dam to trigger notification and evacuation phases of the plan.10.4.2.5 Actions to be taken by the dam inspector under specific conditions, including notification of the local emergency management agency.10.4.2.6 A description of primary and backup capabilities for communications with the local emergency management agency.10.4.2.7 A notification flow chart showing the agencies and personnel, with telephone numbers, to be contacted to provide a warning or to initiate an evacuation, and the order in which they will be notified.10.4.2.8 A description of the role of each agency involved in the evacuation.10.4.2.9 Inundation maps developed from the appropriate dam break modeling discussed in Section 5.0 of these Regulations and danger reach identifying areas and structures to be evacuated, evacuation routes, and roads to be closed.10.4.2.10 A list of the addresses of structures to be evacuated.10.4.2.11 Identification of the appropriate local authority to issue evacuation notices and to determine when evacuees may return.10.4.2.12 Intervention procedures to be taken by the dam owner to alleviate the hazardous condition.10.4.2.13 Lists of local contractors and material suppliers to be used in the event of an emergency.10.4.3 A dam owner shall submit the EAP for review and approval by the Department, the state and local emergency management agency, and other local agencies that have a role in the plan.10.4.4 A dam owner shall review the EAP annually to verify pertinent data, including personnel, telephone numbers, and identification of structures that may have been built within the danger reach. By July 1 of each year, the owner shall submit to the Department modifications and updated information necessary to maintain the EAP, including an annual exercise of the action plan. If no changes have occurred during that year to warrant an updated EAP, the owner shall issue a written statement to the Department to that effect.10.5 Repairs and Routine Maintenance 10.5.1 Repairs or alterations to existing dams shall be undertaken in accordance with Sections 4.0 and 6.0 of these Regulations.10.5.2 The owner is not required to contact the Department prior to performing routine maintenance activities, as defined in these Regulations.7 Del. Admin. Code § 5103-10.0