(A) For
the purpose of this chapter, dams shall be divided into four classes, which
will be
known as class I, class II, class III, and class IV. The chief shall establish
a dam's appropriate classification by using the following criteria as a
guideline. Such classification shall be established by the chief during the
preliminary review described by rule
1501:21-5-02 of the
Administrative Code or during the periodic inspection described by rule
1501:21-21-01 of the
Administrative Code. The chief reserves the right to reclassify any dam at any
time as a result of circumstances not in existence or not known at the time
said dam was initially classified.
(1) Dams
having a total storage volume greater than five thousand acre-feet or a height
of greater than sixty feet shall be placed in class I. A dam shall be placed in
class I when sudden failure of the dam would result in one of the following
conditions.
(a) Probable loss of human
life.
(b) Structural collapse of at
least one residence or one commercial or industrial business.
(2) Dams having a total storage
volume greater than five hundred acre-feet or a height of greater than forty
feet shall be placed in class II. A dam shall be placed in class II when sudden
failure of the dam would result in at least one of the following conditions,
but loss of human life is not probable.
(a)
Disruption of a public water supply or wastewater treatment facility, release
of health hazardous industrial or commercial waste, or other health
hazards.
(b) Flooding of
residential, commercial, industrial, or publicly owned structures. At the
request of the dam owner, the chief may exempt dams from the criterion of this
paragraph if the dam owner owns the potentially affected property.
(c) Flooding of high-value property. At the
request of the dam owner, the chief may exempt dams from the criterion of this
paragraph if the dam owner owns the potentially affected property.
(d) Damage or disruption to major roads
including but not limited to interstate and state highways, and the only access
to residential or other critical areas such as hospitals, nursing homes, or
correctional facilities as determined by the chief.
(e) Damage or disruption to railroads or
public utilities.
(f) Damage to
downstream class I, II or III dams or levees, or other dams or levees of high
value. Damage to dams or levees can include, but is not limited to, overtopping
of the structure. At the request of the dam owner, the chief may exempt dams
from the criterion of this paragraph if the dam owner owns the potentially
affected property.
(3)
Dams having a total storage volume greater than fifty acre-feet or a height of
greater than twenty-five feet shall be placed in class III. A dam shall be
placed in class III when sudden failure of the dam would result in at least one
of the following conditions, but loss of human life is not probable.
(a) Property losses including but not limited
to rural buildings not otherwise described in paragraph (A) of this rule, and
class IV dams and levees not otherwise listed as high-value property in
paragraph (A) of this rule. At the request of the dam owner, the chief may
exempt dams from the criterion of this paragraph if the dam owner owns the
potentially affected property.
(b)
Damage or disruption to local roads including but not limited to roads not
otherwise listed as major roads in paragraph (A) of this rule.
(4) Dams which are twenty-five
feet or less in height and have a total storage volume of fifty acre-feet or
less may be placed in class IV. When sudden failure of the dam would result in
property losses restricted mainly to the dam and rural lands, and loss of human
life is not probable, the dam may be placed in class IV. Class IV dams are
exempt from the permit requirements of section
1521.06 of the Revised Code
pursuant to paragraph (C) of rule
1501:21-19-01 of the
Administrative Code.
(B)
All pertinent information including any unusual circumstances shall be
considered by the chief in establishing an appropriate classification for a
dam. Probable future development of the area downstream from the dam that would
be affected by its failure shall be considered. Completed downstream hazard
mitigation such as acquisition, removal or protection of downstream property
may also be considered. However, the above criteria shall in no way preclude
the chief's requirement of greater safety in the interest of life, health, or
property.