Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 7 - Surface Water and Groundwater Use and Protection, Licensing of Water Well Contractors and Dam Safety Regulations › Chapter 3 - Mississippi Commission on Environmental Quality Dam Safety Regulations › Rule 11-7-3.6 - Inspections, Breach Analysis, and Emergency Action Plans

Current through June 25, 2024
A. The owner and the operator of a dam shall
				be responsible for the proper operation and maintenance as well as the
				structural integrity of the dam. In order to fulfill this responsibility, the
				owner and/or the operator should perform a visual inspection of the dam at
				least every sixty (60) days and after every major rainfall event over the
				watershed. Any significant deficiencies observed during such visual inspections
				shall be immediately reported to MDEQ.
B. The owner or operator of a high hazard or
				significant hazard dam shall have a detailed formal inspection of the dam
				performed by a registered professional engineer with experience in the design
				and construction of dams at such recurring intervals as may be directed by
				MDEQ. In addition, annual owner's inspections of the dam submitted by the owner
				may also be required. A checklist form prescribed and furnished by MDEQ shall
				be used to record observations during the inspection. Inspection reports shall
				be submitted to MDEQ no later than sixty (60) days after completion.
C. The owners or operators of high hazard or
				significant hazard dams shall maintain records and documents related to the
				original construction, recurring inspections, maintenance, repairs, and
				alterations of the dam for the life of the project. Such records shall be made
				available for inspection, or copies of such records furnished, upon request by
				MDEQ.
D. Dam breach analysis may be
				required by MDEQ to evaluate the hazard potential classification of a dam. For
				hazard classification purposes, the breach analysis is typically performed as a
				sunny day top of dam failure. MDEQ at its discretion may also require
				additional scenarios in certain circumstances.
The breach analysis shall extend downstream of the dam to a
				  point where the depth of flooding outside the channel is no greater than 2
				  feet. All breach analysis models shall be digitally submitted to MDEQ.
E. The owner or operator of a high
				hazard dam shall develop an Emergency Action Plan (EAP) for the dam. MDEQ at
				its discretion may also direct the owner or operator of a significant hazard
				dam to develop an Emergency Action Plan (EAP). The EAP shall be submitted to
				MDEQ for approval. Once approved, a copy of the EAP will be maintained on file
				by MDEQ. The owner or operator of the dam shall review the EAP on an annual
				basis to assure that the information contained therein is current. Revisions to
				the EAP, as necessary, shall be furnished to MDEQ and all other persons
				involved in the implementation of the EAP. The owner or operator also shall be
				responsible for conducting or coordinating periodic training and exercises to
				assure that personnel involved in the implementation of the EAP are properly
				prepared to carry out their responsibilities in the event of an
				emergency.
F. MDEQ employees are
				authorized to make inspections at any time to evaluate the operation,
				maintenance, and structural integrity of dams and reservoirs. The owner or
				operator shall be required to perform, at the owner's or operator's expense,
				such work as may be necessary to correct deficiencies in maintenance and
				operation or accomplish necessary repairs identified by such inspections. If
				deficiencies are not corrected or repairs are not made as specified in the
				inspection report, the Commission may order owners or operators to take
				remedial action or remove the dam in order to safeguard lives and
				property.
Miss. Code Ann.
				  §§
										51-3-1,
				  et seq., 49-2-1, et seq. and 49-17-1, et seq.