(a)
Definitions.
As used in Sections 22a-409-1 and
22a-409-2
of the Regulations of Connecticut State Agencies:
(1) "Abutment" means natural ground that
borders on either end of the dam structure.
(2) "Acre-foot" means a unit of volume of
water equal to 43,560 cubic feet or 325,853 gallons (one foot depth over one
acre).
(3) "Appurtenance" means any
structure or mechanism other than the dam itself which is associated with its
operation.
(4) "Arterial roadway"
means a roadway that provides a high level of mobility and that is frequently
the route of choice for buses and trucks, as provided in the U.S. Department of
Transportation document entitled "Highway Functional Classification Concepts,
Criteria and Procedures, 2013 edition".
(5) "Breach" means an alteration of a dam
either deliberately or accidentally in such a way as to release its impounded
waters resulting in partial or total failure of the dam.
(6) "Collector roadway" means a roadway that
collects traffic from local roadways and connects traffic to arterial roadways,
as provided in the U.S. Department of Transportation document entitled "Highway
Functional Classification Concepts, Criteria and Procedures, 2013
edition".
(7) "Commissioner" means
the Commissioner of Energy and Environmental Protection, or such commissioner's
designated representative.
(8)
"Certificate of Dam Registration" or "(CDR)"means a form issued by the
commissioner to the owner that acknowledges receipt of all required information
regarding a dam registration and a one-time payment of the registration
fee.
(9) "CT Dam ID Number" means a
unique identifying number assigned to a dam registered and regulated by the
State of Connecticut.
(10) "Dam"
means any barrier of any kind whatsoever which is capable of impounding or
controlling the flow of water, including but not limited to storm water
retention or detention dams, flood control structures, dikes and incompletely
breached dams.
(11) "Dam failure"
has the same meaning as provided in section
22a-411a-1 of the
Regulations of Connecticut State Agencies (RCSA).
(12) "Dam height" means the vertical distance
from the crest of a dam or similar structure to the downstream toe of such dam
or similar structure.
(13)
"Embankment" means the fill material, usually earth or rock, placed with
sloping sides providing a barrier which impounds water.
(14) "Flood" means any high flow, overflow,
or inundation by water which causes or threatens damage to persons or
property.
(15) "Hazard potential"
means probable damage that would occur if the structure failed, in terms of
loss of human life and economic loss or environmental damage.
(16) "Local roadway" means a roadway that
provides a high level of accessibility used to provide direct access to
multiple properties, as provided in the U.S. Department of Transportation
document entitled "Highway Functional Classification Concepts, Criteria and
Procedures, 2013 edition".
(17)
"Operator" means the person(s) in control of, or having responsibility for, the
daily operation of the dam as designated by the owner on the dam registration
form required by subsection (b) of this section.
(18) "Owner" means the person(s) having legal
ownership of the dam.
(19) "Person"
has the same meaning as provided in section
22a-2(b)
of the Connecticut General Statutes.
(20) "Professional engineer" means an
individual who is currently licensed and registered under section
20-302
of the Connecticut General Statutes.
(21) "Regulated dam" means a dam subject to
the jurisdiction of the Department of Energy and Environmental Protection
pursuant to section
22a-401
of the Connecticut General Statutes.
(22) "Regulatory inspection" means an
inspection required in accordance with section
22a-409(c)
of the Connecticut General Statutes and section
22a-409-2(c)
of the Regulations of Connecticut State Agencies.
(23) "Spillway design flood" or "SDF" means
the largest flood that a given structure is designed to pass safely.
(24) "Structure" means the dam, its
appurtenances, abutments and foundation.
(25) "Toe" means the base portion of the
impounding structure which intersects with natural ground at the upstream and
downstream sides.
(26) "100-year
flood" means a statistical designation that there is a 1 in 100 chance that a
flood of this intensity will occur at a particular geographical location during
any year.
(b)
Registration. The owner of any dam or similar structure required
to be registered by section
22a-409(b)
of the Connecticut General Statutes and that is not already registered shall
register any such dam or similar structure with the commissioner on or before
October 1, 2015. All registrations shall be submitted on a form prescribed by
the commissioner and shall provide the following:
(1) The name, address, telephone number, and
email address of the dam owner and operator;
(2) The name of the dam and impoundment and
the CT Dam ID Number, if known;
(3)
The street address of the dam location or the street address nearest to the dam
location;
(4) The parcel ID number
of the property where the dam is located, i.e. map, block, and lot number, or
as otherwise designated by the town;
(5) The present condition of the
dam;
(6) Whether there is a
low-level outlet, and whether the low-level outlet is operable;
(7) A map showing the location of the dam in
context to surrounding streets;
(8)
A description of the materials used in constructing the dam;
(9) The dimensions of the
impoundment;
(10) The dimensions of
the spillway;
(11) A statement of
the use(s) of the impounded water;
(12) A check or money order payable to the
DEEP Dam Safety Program for the amount of the registration fee required in
accordance with section
22a-409(b)
of the General Statutes; and
(13)
Any other relevant information which the commissioner deems
necessary.
(c)
Changes in registration information. The owner shall report any
change in the following information provided in the registration to the
commissioner not later than ten (10) days from the date of such change:
(1) The name, address, telephone number, and
email address of the dam owner or operator; and
(2) The name of the dam or its
impoundment.
(d)
Certificate of Dam Registration (CDR). Upon review of a complete
registration, the commissioner shall issue a Certificate of Dam Registration
(CDR) to the owner of the dam. A registration form shall not be deemed complete
by the commissioner until all information specifically required by statute or
regulation is submitted with the appropriate fee.
(e)
Fees.
(1) The commissioner shall waive the
registration fee for any dam which is owned by the State of
Connecticut.
(2) Wherever an
impoundment is formed by two or more dams, there shall be a single registration
fee based on the highest dam forming the impoundment.
(3) Wherever a dam is owned by two or more
owners there shall be a single registration fee.
(f)
Forfeiture and Injunction.
Failure to register a dam not previously registered, by October 1, 2015 shall
subject the owner of the dam to the forfeiture and injunction provisions of
section
22a-407
of the Connecticut General Statutes, as amended.
(g)
Violations. Any violation of
these regulations shall subject the owner of the dam to the injunction
provisions of section
22a-6(3)
of the Connecticut General Statutes, as amended, or an administrative civil
penalty pursuant to sections
22a-6b-1 to
22a-6b-15 of
the Regulations of Connecticut State Agencies or both.
