Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 10.00 - Dam Safety › Section 10.08 - Compliance with Inspection Results

Current through Register 1525, July 5, 2024
(1) The
			 Commissioner shall determine whether the dam and appurtenant features meet
			 accepted dam safety standards. If the Commissioner determines that the dam does
			 not meet these standards and a threat to life and/or property exists, he shall
			 issue a Certificate of Non-compliance. Certificates shall be recorded by the
			 Commissioner with the Registry of Deeds for the county where the dam
			 lies.
(2) A Certificate of
			 Non-compliance shall be issued if the Commissioner determines that the dam or
			 appurtenant features are structurally deficient and in either poor or unsafe
			 condition, as defined under
			 302 CMR
			 10.03.
(3) If the Commissioner issues a Certificate
			 of Non-compliance, after receiving the owner's inspection form, or at any other
			 time, the Commissioner may order the owner of the dam to: obtain a detailed
			 inspection of the dam by a registered professional engineer, including such
			 tests as the Commissioner may require or recommend to determine the course of
			 action necessary to bring the dam into compliance and a time schedule by which
			 the work shall be accomplished; or take whatever action is necessary to reduce
			 the safety risk, as determined by the Commissioner.
(4) Notice of such aforementioned orders
			 shall be served upon the owner(s) by registered or certified mail, return
			 receipt requested, and recorded by the Commissioner in the Registry of Deeds in
			 the county where the dam lies.
(5)
			 When the dam meets minimum dam safety standards, or has been corrected or
			 removed pursuant to an order by the Commissioner, the Commissioner shall issue
			 a Certificate of Compliance to the owner following completion of a dam safety
			 permitted project.
(6) The
			 Commissioner has the authority, pursuant to M.G.L. c. 253, § 47, and in
			 accordance with the Memorandum of Understanding between the DEP and the DCR
			 relative to lake water level drawdowns/dam repair projects, to determine the
			 maximum allowable water elevation for reservoirs and impoundments where dams
			 have been determined to be unsafe. In determining the maximum allowable water
			 elevation, the Commissioner may consider the recommendations of a registered
			 professional engineer representing the owner, if the owner has retained one.
			 The owner shall not store water in excess of the stated elevation determined by
			 the Commissioner.
(7) When the
			 spillway capacity of the existing dam does not meet stated criteria, the
			 Commissioner may require the dam owner's engineer to perform a relative impact
			 analysis. This analysis shall address such factors as: downstream impact area;
			 capacity and/or condition of outlet work(s); overtopping potential; operation
			 plans; consideration of incremental impacts of possible failure; and emergency
			 action plans. A reduction in the standard design flood may be allowed to such
			 dam upon review and approval by the Commissioner.