Current through Register Vol. 49, No. 6, March 15, 2024
(1) In addition to
the basic requirements for all permits listed in
10 CSR
22-3.020(1), (2), (3), and (7), the
registration permit application for a conventional dam and reservoir must
include certification by an experienced professional engineer or an agency
engineer that the dam and reservoir have been inspected in accordance with the
law and that the owner has complied with the engineer's recommendations to
correct the observed defects and an inspection report, as required by the law.
The engineer must further show that the spillway can safely pass the spillway
design flood derived from Table 5 and submit a report describing the correction
of all observed defects and the description of an operation and maintenance
program to be followed while the registration permit is in effect.
(A) The inspection of a dam and reservoir for
a registration permit is intended to detect observable defects. The procedure
to determine observable defects normally will be a surface examination by an
experienced professional engineer or an agency engineer. The inspection must
include all surface examinations necessary to determine if observable defects
exist that affect the stability of the dam and reservoir or the adequacy of the
spillway. Judgment of the structural stability and an evaluation of the
spillway capacity must be made. Judgment shall be based upon the engineer's
experience, training and knowledge of similar dams and in accordance with
practices reputable and in current use in the engineering, geologic and
construction professions.
1. Observed defects
which may require correction, evaluated on the basis of current engineering,
geologic and construction practices, include but are not limited to: slides;
slopes as steep as or steeper than those on similar types of dams and
constructed of similar materials which have experienced slope stability
problems; piping of fines; seepage that exits in an uncontrolled fashion on the
downstream slope of or from the downstream foundation of the dam; unusual zones
of softness and irregular settlement; erosion on the upstream or downstream
slope of the dam; spillways that are calculated to be inadequate for the design
flood; spillways that are eroded or otherwise in poor condition and cracks in
the embankment or structure.
2.
Observed defects that are in an advanced state of deterioration must be
immediately reported by the inspecting engineer to the owner and to the chief
engineer.
(B) Proper
maintenance and operation of a dam and reservoir are critical to the continuing
safety of a dam and reservoir and to public safety, life and property. A
maintenance program is required and shall include the following items: erosion
control on the embankment; monitoring emergency spillway flow rates; vegetation
control; spillway maintenance; emergency action plans; maintenance and
monitoring of seepage observation devices, if any; and maintenance and
monitoring of instruments used, if any, to observe the stability of the
dam.
(C) Visits for the purpose of
observation of maintenance and operation may be made by the council, the chief
engineer, or a member of the chief engineer's staff. Visits will be at any
reasonable time following reasonable notice, except that in the case of an
emergency threatening public safety, life, or property, inspection may be at
any time.
(D) The application need
not state, nor is it necessary to show, that the dam is a safe dam. The intent
of the registration permit is to show that the dam is performing adequately and
that there are no observable indications that the dam is unsafe.
(2) In addition to the basic
requirements for all permits listed in
10 CSR
22-3.020(1), (2), (3), and (7), the
registration permit application for an industrial water retention dam and
reservoir shall include certification by an experienced professional engineer
or an agency engineer that the dam and reservoir have been inspected in
accordance with the law and that the owner has complied with the engineer's
recommendations to correct observed defects and an inspection report, as
required by the law. The engineer must further show that the spillway can
safely pass the spillway design flood derived from Table 5 and submit a report
describing the correction of any observed defects, the operation and
maintenance program to be made a part of the registration permit and the
phased, stepped, and/or continuous construction of the dam.
(A) The inspection of an industrial water
retention dam and reservoir for a registration permit is intended to detect
observable defects. The procedure to determine observable defects normally will
be a surface examination by an experienced professional engineer or an agency
engineer. The inspection must include all surface examinations necessary to
determine if observable defects exist that affect the stability of the dam and
reservoir or the adequacy of the spillway. Judgment of the structural stability
and an evaluation of the spillway capacity must be made. Judgment shall be
based upon the engineer's experience, training and knowledge of similar dams
and in accordance with practices reputable and in current use in the
engineering, geologic and construction professions.
1. Observed defects which may require
correction, evaluated on the basis of current engineering, geologic and
construction practices, include but are not limited to slides; slopes as steep
as or steeper than those on similar types of dams and constructed of similar
materials which have experienced slope stability problems; piping of fines;
seepage that exits in an uncontrolled fashion on the downstream slope of or
from the downstream foundation of the dam; unusual zones of softness and
irregular settlement; erosion on upstream or downstream slope of the dam;
spillways that are calculated to be inadequate for the design flood; spillways
that are eroded or otherwise in poor condition and cracks in the embankment or
structure.
2. Observed defects that
are in an advanced state of deterioration must be immediately reported by the
inspecting engineer to the owner and to the chief engineer.
(B) Proper maintenance and
operation of a dam and reservoir are critical to the continuing safety of a dam
and reservoir and the protection of public safety, life and property. A
maintenance program is required and shall include the following items: erosion
control on the embankment; monitoring of storm runoff; vegetation control;
spillway maintenance; emergency action plans; maintenance and monitoring of
seepage observation devices, if any; and maintenance and monitoring of
instruments used, if any, to observe the stability of the dam.
(C) The council or chief engineer may require
the owner to submit a report describing the phased, stepped, and/or continuous
construction of an industrial water retention dam and reservoir, containing
information on the materials used, method of transport, and placement of
materials, the sequence and placement location of materials, spillway changes
to be made, the anticipated final dimensions and configuration of the dam and
the name, address, and telephone number of the person(s) in responsible charge
of this work.
(D) Visits for the
purpose of inspecting during construction or enlargement or observation of
maintenance and operation may be made by the council, the chief engineer or a
member of the chief engineer's staff. Visits will be at any reasonable time
following reasonable notice, except that in the case of an emergency
threatening public safety, life or property, inspection may be made at any
time.
(E) It shall not be necessary
for the owner to retain an experienced professional engineer or an agency
engineer continuously during the entire permit period unless there is
mod-ification(s) in the construction method described in the permit
application. However, personnel with adequate supervision and training in
methods of safe construction, maintenance and operation of dams must be
provided to insure that the construction maintenance and operation of the dam
and reservoir are carried out as described.
(F) The registration permit will be the only
permit required for an industrial water retention dam and reservoir that was in
existence prior to the effective date listed in
10 CSR
22-2.020(2) unless it is to be
reduced or removed. If the dam or reservoir is to be reduced or removed, a
construction permit will be required. Other changes will require the owner to
obtain a new registration permit.
(G) The applicant need not state, nor is it
necessary to show, that the dam is a safe dam. The intent of the registration
permit is to show that the dam is performing adequately and that there are no
readily observable indications that the dam is unsafe and that phased, stepped,
and/or continuous construction of the dam will meet the requirements of the
law.
*Original authority: 236.400, RSMo 1979; 236.405, RSMo
1979, amended 1993, 1995; 236.415, RSMo 1979, amended 1995; 236.420, RSMo 1979;
236.425, RSMo 1979; 236.440, RSMo 1979; and 236.465, RSMo
1979.
