justicedao/ipfs_state_laws huggingface dataset:
690-020-0044 Design Requirements for New Dams or to Increase Dam Height: Instrumentation for Monitoring Designs must include methods for determining if the Dam is operating properly based on the Hazard Rating of the Dam, and include: (1) A plan to share monitoring data with the Department; (2) Staff gage near controls for the Conduit or where they can be easily seen by the Dam owner or operator. The staff gage shall be clearly marked in feet and tenths of feet, and extend to within one foot of the Crest. Markings and numbers on the gage rod shall be of sufficient size to be easily readable from the Crest; (3) Multiple and easily accessible outlets of all Toe Drains. Toe Drains shall be designed to discharge into locations where flows can be evaluated and monitored. Multiple discharge points are required in order to isolate seepage to various sections of the Dam and Foundation. Discharge points must be located where routine Dam maintenance is not likely to damage the drains; (a) For High Hazard Dams, drains must have a measuring weir or other device, and a basin for settling drainage Water so that internal erosion can be identified; (b) Where drainage galleries are provided for concrete Dams, seepage measuring devices should be provided and accessible for making the necessary readings; (4) Unique Identification. All instrumentation and exterior drains shall be labeled with a unique identifying marker designed for durability and to withstand maintenance activities; and (5) All High Hazard and, when required by the Engineer of Record or State Engineer, Significant Hazard Dams shall have the following instrumentation: (a) Monuments that allow measurement of the horizontal and vertical movements of the Dam. Control or benchmark monuments shall be placed in areas not subject to movement; (b) Piezometers to allow monitoring of the phreatic surface within the Dam or for concrete Dams, to determine uplift pressures. Standpipe piezometers must be installed pursuant to monitoring well standards per OAR 690-240-0525; (c) Instrumentation to measure strong ground motions for publically owned Dams in locations where the peak ground acceleration in the 0.2 percent Annual Probability of Exceedance earthquake is greater than 0.3g at the ground surface. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0047 Design Requirements for New Dams or to Increase Dam Height: Geosynthetics Geosynthetics shall not be used as the sole element employed to perform a Dam safety function. Redundant design features are required whenever geosynthetics are used for Dam safety functions. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0048 Exceptions to Standard Design Requirements Exceptions to design standards may only be obtained with written approval from the State Engineer. Where the Engineer of Record requests design exceptions, the request must be in writing, be affixed with the Engineer of Record professional stamp, and include a report describing why design standards are inapplicable to the safety of the Dam. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0065 Plan Requirements for New Dams or to Increase Dam Height: Construction Administration The Engineer of Record shall submit plans for administering the construction of the Dam to the State Engineer for approval. Construction plans must include the following: (1) A provision stating that the Engineer of Record or an employee working for the Engineer of Record shall be on-site as needed for instructions to the contractor, approval of initial excavation, acceptance of materials, and general project administration; (2) A provision stating that the Dam owner shall cease construction activity if the Engineer of Record is no longer retained or for any reason cannot complete necessary construction administration activities. Construction may resume when a new Engineer of Record is employed, the State Engineer has been notified of the new Engineer of Record, and both Engineers have discussed the project; (3) A provision stating that the Engineer of Record will observe the Dam during construction as needed to determine if construction is consistent with approved design and construction documents. This provision shall also include a description of how the Engineer of Record will determine if construction work in progress fails to conform to the approved plans and specifications, and that such nonconforming work will be corrected; (4) A provision stating that the Engineer of Record shall confirm Foundation design assumptions once surface materials have been stripped and the Cutoff Trench excavated. Changes in actual Foundation conditions from assumptions made in the initial site evaluation shall be communicated to the State Engineer; (5) A provision in which the Engineer of Record shall maintain a record of construction that shall include: (a) Logs of construction inspections whenever such inspections are made by the Engineer of Record or the Engineer of Record’s employee; (b) All test results pertaining to construction; (c) Photographs; and (d) Construction problems and remedies. (6) A provision stating that the Engineer of Record shall complete and stamp As-built Drawings and a final construction report, including statements that the observations are either consistent or inconsistent with the design drawings and specifications. If key elements of construction were not observed, the construction report shall detail those specific elements that were not observed. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0068 Plan Requirements for New Dams or to Increase Dam Height: Operations and Maintenance Plan (1) The Engineer of Record shall include an operations and maintenance plan with the submittals for building a new Dam or increasing Dam Height for: (a) Any Dam rated Significant or High Hazard; and (b) Any Low Hazard Dam with: (A) A Gate or flashboard as part of the Spillway; or (B) A Valve on a Conduit that is not on the upstream side of the Dam. (2) The Department may review implementation of the operations and maintenance plan during Dam safety inspections. (3) Operations and maintenance plans shall include, but are not limited to: (a) Directions for filling and emptying the reservoir when needed; (b) Frequency of inspection of the interior of Conduits, including qualifications and guidance for Persons conducting and reporting on this inspection; (c) Procedures for operation of all Gates and Valves; (d) Specified minimum frequency for cycling and lubrication of all Gates and Valves; (e) Standards for removal of trees and brush, and mowing other vegetation; including the frequency for the Dam owner to monitor vegetation and to take action to control brush if it obscures any face of the Dam, the Conduit, or the Spillway; (f) Frequency of routine Dam observations, including identification of changes in seepage and maximum permissible Dam deformations; (g) A Water release plan in the event of a flood forecast when reservoir is above the maximum safe operating level established by the Engineer of Record; (h) The measurement frequency for all monitoring instrumentation installed at the Dam; and (i) Review and evaluation of conditions of the Dam as necessary to keep the Dam in good repair and properly maintained, including actions identified in OAR 690-020-0250. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0080 New Dams, or to Increase Dam Height, Written Approval by State Engineer (1) No person shall build a new Dam or increase Dam Height unless the State Engineer has reviewed all necessary reports, drawings, plans and other information as submitted by the Engineer of Record and has approved those documents as indicated in written communication with the Engineer of Record. (2) Prior to commencing construction activity, the Engineer of Record shall verify that all necessary documents related to the final design as identified in OAR 690-020-0035 are approved as indicated by the State Engineer’s stamp on those documents. (3) The State Engineer’s approval of design plans and specifications shall be valid only for five years from the date of approval. Upon request, written requests for time extensions may be granted in writing by the State Engineer. (4) No newly constructed Dam or Dam that has had Height modified may store Water until final written acceptance of a satisfactory project completion report has been submitted to and accepted by the Department. (5) The Department shall notify the Engineer of Record and Dam owner in writing when the final project completion report has been received and accepted by the Department. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.449, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0100 Hazard Rating of Dams (1) The Department shall assign all Dams a Hazard Rating of High, Significant, or Low. (2) A High Hazard Rating will be based on the Dam breach inundation analysis as described in OAR 690-020-0120 using the following criteria to determine expected loss of life: (a) An inundation depth of flowing Water of at least two feet over the finished floors of dwellings, other frequently occupied buildings, or road surfaces where a vehicle is likely to be present is likely to result in loss of life. The Department may also consider Water velocity in its determination of inundation depth establishing a High Hazard Rating; (b) An incremental increase of depth of flowing Water of one foot where recreational or other frequent use occurs downstream is likely to result in loss of life. The Department will also use Water velocity in its determination of inundation depth establishing a High Hazard Rating. (3) A Significant Hazard Rating will be based on the Dam breach inundation analysis as described in OAR 690-020-0120, using depth and velocity of the flowing Water at affected structures, public infrastructure, and other properties which shows likely damage to property and infrastructure but no loss of life. (4) Any Dam subject to regulation under these rules that is not rated as High or Significant by the Department will be rated as Low Hazard . (5) The Hazard Rating of a Dam shall remain in effect until the rating is revised by the Department. The Department may conduct Hazard Rating reviews and dam breach inundation analyses as evidence indicates the impacts to people, property, or infrastructure may have changed since the Hazard Rating was first set. The Dam owner will be notified of the change and have an opportunity to meet with the Department and obtain records of the Department's analyses. (6) A Dam owner may request that the Department consider revision of a Hazard Rating. The owner may have an Engineer prepare and submit a Dam breach inundation analysis, in support of this request. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.443, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0120 Dam Breach Inundation Analysis (1) A Dam breach inundation analysis will be conducted as specified in this section to determine or revise the Hazard Rating of a Dam. (2) Any simplified and conservative hydraulic model may be used for the Dam breach inundation analysis to show that a Dam should be rated Low Hazard. The State Engineer may determine if the model was used appropriately and conservatively. (3) An accepted and hydraulically consistent computational model must be used to conduct the inundation analysis for Significant and High Hazard Dams. (4) A report summarizing the model information and results must be stamped by the Engineer. The summary report shall contain sufficient information to reproduce the model and shall include at a minimum the following information: (a) The specific proprietary model name or method used for the analysis; (b) Details regarding the model geometry; (c) The specific mode of failure and any assumptions made in the selection of the mode of failure; (d) A list of Dam breach parameters and any assumptions made in the selection of the breach parameters. The breach parameters must be based on Dam material and thickness and any other factors that would influence the time it would take for the Dam to breach from internal erosion, overtopping, or displacement; (e) A list of all boundary and initial conditions and any assumptions in the selection of these conditions. For High and Significant Hazard Dams, the analysis must be conducted with reservoir at full pool and inflow equal to the 0.2% Annual Exceedance Probability Flood flow; (f) A map indicating the inundation boundary, areas inundated by a depth greater than two feet, and all frequently occupied structures that fall within or are immediately adjacent to the inundation boundary; (g) The breach flow as calculated by the model immediately downstream of the Dam. If an empirical formula was used as the basis for determining breach flow, the formula and all inputs must be clearly stated; and (h) A sensitivity analysis evaluating the variability in model inputs may be required when the Dam breach inundation analysis results indicate the Hazard Rating is on the border between two ratings. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.443, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0140 Modification of Dams (1) No person shall make Modifications to a Dam unless the State Engineer has reviewed all required documents as described in this section and has approved those documents as indicated in written communication with the Engineer of Record or Dam owner. (2) The following Dam Modifications require State Engineer approval of plans: (a) Changes to or near the Spillway that may affect Spillway capacity or ability to pass flows safely; (b) Placing, replacing, or relining any Conduit within the Dam; (c) Removal or alteration of the Conduit control structure; (d) Installation of a new Valve on the downstream side of the low level Conduit; (e) Correction of damage where that damage has impacted the safe functioning of the Dam; (f) Any activity where 10 percent or more of the fill material in the Dam is disturbed; or (g) Any other change to the Dam that results in a Modification as defined in OAR 690-020-0022(28). (3) Dam Modification plans shall include all details of the area of the Dam being modified. Specific modification plan requirements include, but are not limited to: (a) For major Spillway damage or alteration, plans need to address passage of the required Inflow Design Flood based on the Hazard Rating of the Dam, with the same criteria as required for new Dams in OAR 690-020-0037; (b) For stabilization of slope movement, plans require slope stability analysis and appropriate corrective measures; (c) For replacement of Conduits or installation of a Valve on the downstream side of a Dam, plans require an analysis of internal erosion potential; (d) For internal erosion, plans must address construction of a filter zone; and (e) Items required by the State Engineer pursuant to subsection (4). (4) The Dam owner shall provide sufficient notice to the Department to allow for adequate time for discussion of the proposed Modifications and the necessary design requirements. (5) The State Engineer will determine the design and submittal requirements. Submittal requirements and Department reviews may be expedited in the event of emergency or unanticipated weather-related situations. (6) Water is not to be stored in the reservoir during modification. The Engineer of Record may propose maintaining some Water in storage during Dam Modification or modifying Dam Height if it is demonstrated that it can be done in a manner that protects life, property, and infrastructure. The Department will review submitted materials for the proposed construction actions. The Department may consider the scope of the project, including how the proposed construction actions will maintain safe Water levels through the duration of construction. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.443, 540.449, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0160 Removal (1) Dam owner(s) seeking Removal of any Dam with a High or Significant Hazard Rating must notify the Department. (2) Dam owner(s) shall provide the Department with a Removal plan for evaluation prior to removing the Dam. Plans must be submitted a minimum of 60 days in advance of Removal to allow reasonable time to evaluate the Removal plan, unless the Department agrees to a different timeframe. (3) A Removal plan must include: (a) Descriptions and assumptions for the Removal of the Dam; (b) A description of the means for Removal of the Dam to prevent future impoundment and a method of draining the reservoir in a controlled manner prior to the start of the Removal; (c) A schedule listing the major events and corresponding time frame that will occur during the Removal; (d) A plan for disposal and stabilization of Dam material; and (e) A drawing showing the planned Removal location, breach dimensions including side slopes, and lowest elevation of the breach. The Removal plan must show that there will sufficient material removed and left at slopes that will allow no breach flood by erosion of remaining materials. (4) The Department may evaluate the Removal plan to ensure the plan includes appropriate safety precautions to protect life, property, and public infrastructure from temporary inundation in the area below the Dam during Dam Removal. (5) The Department may require changes to the Removal plan or require that the work performed under the plan be supervised by an Engineer as necessary to protect life, property, or public infrastructure from temporary inundation during Dam Removal. If the Department requires changes to the Removal plan or requires that work be supervised by an Engineer, the Department shall notify the Dam owner and provide an opportunity to meet with the Department. (6) Upon completion of the Dam Removal, the owner shall notify the Department. The Department shall make a final inspection, if appropriate, and remove it from Department Dam safety oversight. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.452, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0180 Requirement of Owners to Provide Contact and Transfer of Title Information (1) A Dam owner shall: (a) Provide the Department with contact information for: (A) The Dam owner; (B) The operator of the Dam, if other than the owner; and (C) The individual in immediate charge of the Dam. (b) Provide the contact information in an Emergency Action Plan developed pursuant to OAR 690-020-0400, or in writing if no Emergency Action Plan exists. (c) Notify the Department in writing of any changes in the contact information, as soon as practicable and without unreasonable delay. (2) A Dam owner shall notify the Department in writing after completing a transfer of title for a Dam, as soon as practicable. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.479, 540.488 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020
690-020-0250 Maintenance of Dams (1) The Dam owner shall review and evaluate conditions of the Dam as necessary to keep the Dam in good repair and properly maintained, and address any detected conditions that may pose a risk of Dam Failure. (2) Proper maintenance includes, but is not limited to: (a) Removing brush and trees from the Dam; (b) Control of burrowing animals, especially nutria near the Dam or reservoir, including filling deep burrows; (c) Restoration of areas of surface or wave erosion, and taking measures to prevent future erosion; (d) Adding or moving fill to restore Crest Height and width; (e) Clearance of soil, rock, vegetation and debris from the Spillway; (f) Proper cycling and lubrication of Valves and Gates at least once a year, unless otherwise specified in a maintenance and operations plan approved by the Department; (g) Patching, sealing, or replacing areas of cracked concrete on the Dam; (h) Removing debris, rock, or earth from the inlet and outlet of penetrating Conduits and drains; (i) Repair or replacement of worn or damaged parts of Gates or Valves; (j) Ensuring access to the Dam is sufficient for inspection, repair and emergency actions, and that unauthorized access is controlled; (k) Securing operating equipment such as Valve controls and Spillway controls; (l) Evaluation of the Conduit and taking necessary actions to ensure the Conduit is not compromised, including patching pipes with minor corrosion; and (m) Addressing other conditions that might affect the safety of the Dam, including Maintenance Actions identified by the Department in an inspection document. (3) Records necessary to track the conditions of the Dam should be maintained. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.455, 540.479, 540.488 History: WRD 3-2020, amend filed 06/29/2020, effective 07/01/2020 WRD 2-2015, f. & cert. ef. 3-17-15
690-020-0260 Inspection of Dams (1) The Department, or representatives of the Department, may inspect a Dam and the site, plans and specifications, features and other supporting information regarding the construction, maintenance and operation of a Dam. (2) The Department will maintain a Dam inspection schedule based on the Hazard Rating of the Dam: (a) High Hazard Dams are scheduled for inspection annually, (b) Significant Hazard Dams are scheduled for inspection every three years, and (c) Low Hazard Dams are scheduled for inspection every six years. (3) Notwithstanding subsection (2), the Department may determine that a different inspection schedule is appropriate. The Department may consider staff resources and Dam risks or condition in determining that a different inspection schedule is appropriate. (4) The Department shall provide the Dam owner with an inspection document describing the general condition of the Dam and specific Maintenance Actions recommended by the Department. Statutory/Other Authority: ORS 536.027, 540.488 Statutes/Other Implemented: ORS 540.455, 540.467, 540.479 History: WRD 3-2020, adopt filed 06/29/2020, effective 07/01/2020