Rule 391-3-8-.10 - Inspection and Maintenance Plan Requirements(1) Dam Owners and operators of dams shall be responsible for conducting routine inspection and maintenance of dams necessary to: (a) Prevent the growth of trees or brush on the embankment of the dam and on the spillway system;(b) Prevent the accumulation of debris, obstructions, or other deleterious materials from the spillway system;(c) Insure that all gates, orifices, dissipators, trash racks, and other appurtenances that affect the proper operation of the dam and reservoir are kept in good repair and working order, and that spillway and outlet gates necessary to pass flood flows shall be test operated at least once each year. The dam owner shall file an affidavit with the Director certifying that such gates and other appurtenances are in good repair and working order;(d) Maintain adequate and suitable vegetation to prevent erosion of the embankment and earthen spillway for the dam;(e) Determine that any seepage on the downstream slopes of the dam does not exceed normal amounts and does not present a situation indicative of potential dam failure. At any time where there is a question regarding seepage and potential dam failure, the Director shall be notified in writing and provided a description of the situation; and(f) Dam owners shall immediately notify the Division when symptoms of failure, including but not limited to, erosion, surface cracks, seepage, settlement, or movement occur.(2) As part of the routine inspection and maintenance program described in Rule 391-3-8-.10(1), and in addition to any specific inspection and maintenance program requirements included in the permit, dam owners and operators shall ensure their dam is inspected, and reports are submitted to the Division, based upon the following schedule:(a) The dam owner shall inspect the dam each calendar quarter. This inspection may be conducted by the dam owner or the dam owner may hire someone to do the inspection on their behalf. This inspection is not required to be conducted by an engineer. Calendar quarters are January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31;(b) Except as provided in paragraph (c) below, the dam owner shall have the dam inspected by an engineer at least every two years. This inspection shall be conducted between October 1 and March 31, commencing with October 1, 2017. This inspection shall satisfy the inspection requirement in paragraph (a) above for the October 1 through December 31 and January 1 through March 31 quarterly inspections;(c) For any dam that is less than 50 feet tall and that the dam owner has conducted at least four consecutive quarterly inspections in accordance with paragraph (a) above, the owner may submit to the Division a waiver request by October 1 for one two-year cycle of the engineer inspection required under paragraph (b). The waiver request shall be approved unless the Division denies the request in writing within 30 days of receipt of the waiver request. Reasons to deny the waiver request include, but are not limited to, inspection reports showing deficiencies that have not yet been corrected or Division enforcement actions within the past twenty-four months;(d) For the purpose of Rule 391-3-8-.10(2), the term "engineer" shall have the same meaning as defined in Rule 391-3-8-.02(m), and may also include any professional engineer registered by the State of Georgia.(e) As stated in Rule 391-3-8-.10(1)(f), dam owners shall immediately notify the Division when symptoms of failure are observed. Otherwise, dam owners shall submit the inspection reports to the Division using the Division approved form by April 30 for all inspections conducted between April 1 of the preceding calendar year and March 31 of the current calendar year.Ga. Comp. R. & Regs. R. 391-3-8-.10
O.C.G.A. §§ 12-5-370 through 12-5-385.
Original Rule entitled "Design Standards for New Dams" was filed as Emergency Rule 391-3-8-0.5-.10 on August 28, 1978. effective July 28, 1978, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding said Emergency Rule, as specified by the Agency.Amended: Permanent Rule of the same title adopted superseding Emergency Rule 391-3-8-0.5-.10. Filed August 31, 1978; effective September 20, 1978.Amended: Rule renumbered as Rule 391-3-8-.11 and Rule 391-3-8-.09 entitled "Permits for the Construction and Operations of New Dams" amended renumbered as Rule 391-3-8-.10. Filed October 29, 1985; effective November 18, 1985.Amended: F. Aug. 31, 1990; eff. Sept. 20, 1990.Amended: F. Oct. 5, 1998; eff. Oct. 25, 1998.Amended: Title changed from "Inspection and Maintenance Plan Requirements. Amended" (as recorded in the Official Compilation, Rules and Regulations of the State of Georgia, eff. Oct. 25, 1998) to "Inspection and Maintenance Plan Requirements." F. Sep. 13, 2016; eff. Oct. 3, 2016.