Delaware Administrative Code
Title 7 - Natural Resources and Environmental Control
5000 - Division of Watershed Stewardship
5103 - Delaware Dam Safety Regulations
Section 5103-10.0 - Requirements for Operation, Maintenance and Inspections
Universal Citation: 7 DE Admin Code 5103-10.0
Current through Register Vol. 28, No. 3, September 1, 2024
10.1 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.
Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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