Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 22 - Dam and Reservoir Safety Council › Chapter 1 - Definitions › Section 10 CSR 22-1.020 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The rule changes are being made to correct
				  previous errors in the definitions and to remove language which is restated in
				  Statute.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Agency engineer
				means an experienced engineer, not necessarily registered as a professional
				engineer in Missouri, who works for an engineering division of a state or
				federal agency regularly engaged in dam and reservoir design and construction
				for soil and water conservation or irrigation or relating to wildlife
				conservation.
(2) Agricultural dam
				means any dam, the primary use of which is to impound water for use in
				irrigation, livestock watering or commercial fish rearing and sale.
(3) Alterations, repairs, or either means
				alterations or repairs as affect the safety of a dam or reservoir, or public
				safety, life or property.
(4)
				Appurtenant works means the structures or materials incident to or annexed to
				dams which are built or maintained in connection with dams and which are used
				primarily in connection with their proper operation, maintenance or
				functioning. This includes, without limitation, structures as spillways, either
				in the dam or separate therefrom; the reservoir rim; low level outlet works;
				and water conduits such as tunnels, pipelines or penstocks, either through a
				dam or its abutments.
(5) Area
				capacity curves means graphic curves which show the relationship between
				reservoir surface area and the storage capacity of the reservoir at given
				elevations.
(6) Chief engineer
				means the head of the dam and reservoir safety program of the Department of
				Natural Resources or his/her representative.
(7) Commercial fish rearing reservoir means a
				reservoir which was designed specifically for fish rearing purposes and the
				primary use is to provide water for commercial fish rearing and sale to other
				parties in a for profit venture. This does not include activities such as sport
				fishing.
(8) Construction permit
				means a written authorization issued by the council giving the owner the right
				to construct, alter, enlarge, reduce, repair or remove a dam or reservoir or
				appurtenances thereto, with conditions that are necessary to adequately protect
				the public safety, life, property, the dam or reservoir.
(9) Conventional dam means any dam other than
				an industrial water retention dam.
(10) Council delegate or authorized
				representative means an individual, usually the chief engineer, authorized by
				the council to act in its behalf.
(11) Crest or dam crest means the top surface
				of the dam.
(12) Crest elevation or
				dam crest elevation means the lowest elevation of the crest exclusive of the
				spillway(s).
(13) Dam means any
				artificial or man-made barrier which does or may impound water and which
				impoundment has or may have a surface area of fifteen (15) or more acres of
				water at the water storage elevation or which is thirty-five feet (35') or more
				in height from the natural bed of the stream or watercourse or lowest point on
				the toe of the dam (whichever is lower) up to the crest elevation, together
				with appurtenant works. Sections
				236.400 to
				236.500, RSMo shall not apply to
				any dam which is not or will not be thirty-five feet (35') or in excess of
				thirty-five feet (35') in height or to any dam or reservoir licensed and
				operated under the Federal Power Act.
(14) Dam and Reservoir Safety Council
				referred to as the council means seven (7) members appointed by the governor
				for purposes of implementing the dam safety law.
(15) Dangerous dam or reservoir is a dam or
				reservoir which is in an advanced state of deterioration so that if
				deterioration continues, the threat of dam failure and flooding would be
				substantial.
(16) Department means
				the Department of Natural Resources.
(17) Downstream environment zone means the
				area downstream from a dam that would be affected by inundation in the event
				the dam failed when filled to the emergency spillway crest elevation or to the
				dam crest elevation, in the absence of an emergency spillway.
(18) Earthquake intensity means Modified
				Mercalli intensity which is used to describe the degree of shaking a dam will
				experience.
(19) Enforcement order
				means a written directive issued by the council or the chief engineer to the
				owner of a dam for correction of defects in the dam or reservoir which have
				been determined to make the structure a threat to public safety, life or
				property. The order will contain specific actions with which the owner must
				comply to remove the threat the dam or reservoir poses to public safety, life
				or property.
(20) Enlargement means
				any change in or addition to an existing dam or reservoir, which raises the
				height of the dam, increases the watershed for the reservoir or raises the
				water storage elevation of the water impounded by the dam or
				reservoir.
(21) Environmental class
				means a classification of the downstream environment zone based on the contents
				of that zone (see
				10 CSR
				22-2.040(1) ). Class I represents the
				most severe threat to public safety, life or property and Class III represents
				the least threat.
(22) Factor of
				safety means the resultant of the summation of the forces resisting failure
				divided by the summation of the driving forces tending to cause
				failure.
(23) Freeboard means the
				difference in elevation between the dam crest elevation and the water storage
				elevation in the reservoir.
(24)
				Height or height of dam means the difference in the elevation of either the
				natural bed of the stream or watercourse or the lowest point on the toe of the
				dam (whichever is lower) and the dam crest elevation.
(25) Industrial building means a permanent,
				enclosed structure used by groups of workers usually involved in some type of
				manufacturing, processing or industrial related process.
(26) Industrial water retention dam means a
				dam used to retain the solids transported as water-borne industrial byproducts
				and the associated water. This includes, but is not limited to, tailings dams,
				slime impoundments and settling ponds.
(27) Inundation means water, two feet (2') or
				more deep, over the general level of the submerged ground affected outside the
				stream channel.
(28) Inspection
				means scheduled and unscheduled examinations of a dam and reservoir with the
				primary objective of making safety observations and recording them in a written
				description.
(29) Irrigation
				reservoir means a reservoir whose primary use is to provide water for the
				irrigation of agricultural lands for the production of grains, hay, pasture,
				fruits, vegetables and animal feeds which are for sale or to be used by the
				owner.
(30) Law means the dam and
				reservoir safety law, as contained in Chapter 236, RSMo and all rules,
				standards and guidelines adopted thereto.
(31) Liquefaction is a condition where a soil
				will undergo continued deformation at a constant low residual stress or with
				low residual resistance, due to the build-up and maintenance of high pore water
				pressures, which reduce the effective confining pressure to a very low
				value.
(32) Livestock watering
				reservoir means a reservoir whose primary use is to provide water for livestock
				which are raised for breeding or marketing purposes.
(33) Maintenance means the proper keeping of
				all aspects of a dam or reservoir and appurtenances thereto, that pertain to
				safety, in a state of repair and working order as necessary to comply with the
				law and any permit issued thereunder and to protect public safety, life or
				property.
(34) Modification(s)
				means changes or revisions to the design, construction, maintenance, operation
				or repair or the alteration, enlargement, reduction, removal or natural
				physical changes that may occur to a dam or reservoir that were not included in
				the approved plans for the construction permit, or changes or revisions to a
				dam or reservoir where a registration or safety permit is in effect or required
				hereunder, if the changes or revisions would endanger public safety, life or
				property as a result of creating a potential failure in the dam or reservoir;
				except that modification(s) do not mean or include approved anticipated
				enlargements, outlined by design plans and specifications submitted and
				approved with the original application for a construction, safety or
				registration permit for industrial water retention dams and
				reservoirs.
(35) Observable defects
				are those defects which would be detectable by an experienced professional
				engineer making an on-site visual inspection of the dam in accordance with
				current engineering, geologic and construction practices.
(36) Owner or dam owner means a person who
				owns, controls, operates, maintains, manages or proposes to construct a dam or
				reservoir including: the state and its departments, institutions, agencies and
				political subdivisions, but not the United States government; a municipal or
				quasi-municipal corporation; a district; a public utility; a natural person,
				firm, partnership, association, corporation, political subdivision or legal
				entity; the duly authorized agents or leasees, or trustees of any of the
				foregoing; or receivers or trustees appointed by any court for any of the
				foregoing.
(37) Permanent dwelling
				means a dwelling occupied at least ninety (90) days a year.
(38) Permit means construction, safety or
				registration permit.
(39) Permit
				applicant or applicant means an owner who applies for a construction, safety or
				registration permit.
(40) Probable
				maximum acceleration means the horizontal acceleration developed at a dam as a
				result of an earthquake with a probability of occurrence similar to the
				probable maximum precipitation. The probable maximum acceleration is readily
				available from a Corps of Engineers Report entitled Earthquake Potential of the
				St. Louis District-Ground Motion Supplement which is on file with the chief
				engineer of the Dam and Reservoir Safety Program.
(41) Probable maximum precipitation or PMP
				means the precipitation that may be expected from the most severe combination
				of critical meteorologic conditions that are reasonably possible in an area.
				The PMP is readily available from the National Weather Service in
				Hydrometeorological Report 51, Probable Maximum Precipitation Estimates, United
				States East of the 105th Meridian.
(42) Public building means a permanent,
				enclosed structure used by groups of the general public but not necessarily
				owned by the public.
(43)
				Registration permit means a permit issued for a period not to exceed five (5)
				years by the council to the owner of a dam or reservoir in existence or in the
				progress of construction on August 13, 1981 or which becomes subject to the law
				for the dams and reservoirs by a change in factors or circumstances subsequent
				to that date.
(44) Reservoir means
				any basin, including the water, which contains or will contain the maximum
				amount of water impounded by a dam.
(45) Safety permit means a permit issued to
				the owner of a dam for a period of five (5) years, or less if safety
				considerations so require, by the council indicating that the dam meets the
				requirements of the law, and containing conditions as to operations,
				maintenance and repair as are necessary to adequately protect public safety,
				life and the dam or reservoir.
(46)
				Seepage means the migration of water through a dam or foundation.
(47) Significant modification means changes,
				alteration or modifications to an existing dam or changes to the construction
				documents for a new dam. Those include, but are not limited to: changes in the
				location of the dam or reservoir, changes in the storage capacity or drainage
				area, changes in the capacity of the spillway system, modification of the
				embankment slopes, changes in the height of the dam or structure, or the use of
				different construction methods or procedures than those submitted with the
				permit application.
(48) Spillway
				means any passageway, channel or structure, open or closed or both, designated
				expressly or primarily to discharge excess water from a reservoir after the
				water storage elevation has been reached.
(49) Spillway design flood or SDF means the
				specified flood discharge that may be expected from the most severe combination
				of critical meteorologic and hydrologic conditions that are reasonably possible
				in an area and for which the dam and reservoir are designed. The SDF is derived
				from the rainfall values given in Table 5.
(50) Stability means the properties of a dam
				or reservoir that cause it when disturbed from a condition of equilibrium to
				develop forces or moments that restore the original condition.
(51) Starter dam means a pervious or
				impervious dam constructed as the first phase in the building of an industrial
				water retention dam and reservoir.
(52) Storage means the volumetric capacity of
				the reservoir below the water storage elevation or other selected reference on
				the dam.
(53) Stream means any
				river, creek or channel, having well-defined banks, in which water flows for
				substantial periods of the year to drain a given area.
(54) Tailings means the material generated by
				a mining/milling operation which is deposited in slurry form in an impoundment
				for storage, disposal, or both.
(55) Tailings dam means an existing dam or
				reservoir used for the impoundment or retention of tailings or a proposed,
				existing or newly constructed dam and reservoir for which the anticipated or
				contemplated use is the impoundment or retention of tailings.
(56) Toe or toe of slope means the line of
				the fill (dam embankment) slope where it intersects the natural
				ground.
(57) Water means water,
				other liquids or tailings.
(58)
				Watercourse means a valley, swale, depression or other low place in the
				topography occupied by flowing water during conditions of runoff.
(59) Water storage elevation means that
				elevation of water surface at the principal spillway which could be obtained by
				the dam or reservoir were there no outflow and were the reservoir full of
				water.
(60) Watershed means the
				area that contributes or may contribute surface water to a reservoir.
( For Table 5 see 10 CSR
					 223.020)
*Original authority: 236.405, RSMo 1979, amended 1933 and
					 236.415, RSMo 1979.