reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.103 - EXTENSION OF DEADLINE FOR INSTALLATION

Current through Register Vol. 13, July 5, 2024
The board may establish a deadline for acquiring and
				  installing measuring devices beyond two (2) years from the department's
				  identification of a chronically dewatered watercourse or portion of a
				  watercourse for the following circumstances:
(1) The board may consider an extension of
				the deadline for installation of measuring devices on a watercourse or portion
				of a watercourse identified by the department as chronically dewatered if the
				owners of at least fifty per cent (50%) of the appropriation facilities or the
				owners of twenty (20) appropriation facilities, whichever is less, petition the
				board to establish a deadline beyond two (2) years from the department's
				identification of a watercourse or portion of a watercourse as chronically
				dewatered. The petition must be accompanied by a written justification
				addressing the finding that must be made by the board. The petition must be
				received by the board at least one hundred eighty (180) days prior to the
				ordered deadline. The board must approve or deny the extension within ninety
				(90) days of receiving the petition. The board may extend the deadline by a
				maximum of two (2) years. The board's finding must be made from information
				presented by petitioners and participants at a scheduled board meeting.
(a) At a minimum the board must find:
(i) The two (2) year deadline is not
				practical for at least fifty per cent (50%) of the appropriation
				facilities.
(ii) Installation of
				measuring devices is not practical because of factors including the
				availability of materials, labor and construction equipment, the time period
				necessary to obtain permits and to finance, acquire, and install controlling
				and measuring devices.
(iii) The
				public welfare will not be negatively impacted by an extended deadline because:
(A) there are no significant adverse
				environmental impacts; and
(B)
				there are no adverse effects on the quality of water for existing beneficial
				uses.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.104 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department may verify to the extent
				possible, owner compliance with the requirement for suitable controlling and
				measuring devices.
(2) Entry upon
				land to verify compliance may be made pursuant to
				85-2-115, MCA.
(3) Penalties for violating, refusing, or
				neglecting to comply with these rules or a board order are defined in
				85-2-122, MCA.
Sec.
					 85-2-113, MCA; IMP, Sec.
					 85-2-113,
					 85-2-115, and
					 85-2-122,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.105 - COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Complaints alleging a violation of these
				rules or a board order shall be submitted to the board, the department, and the
				alleged violator in a written affidavit.
(2) The alleged violator will respond in
				writing to the board, the department, and the complainant within ten (10) days
				of receiving the complaint.
(3) The
				department may investigate the complaint and report its findings to the board
				in writing.
(4) Only complaints
				regarding the installation, operation, and/or maintenance of a controlling or
				measuring device will be considered. Complaints regarding the validity of the
				water rights, property rights, and/or easements will not be
				considered.
Sec.
					 85-2-113, MCA; IMP, Sec.
					 85-2-113 and
					 85-2-122,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.106 - MEASUREMENTS AND RECORDS

Current through Register Vol. 13, July 5, 2024
(1) To improve the
				management of a watercourse or portion of watercourse identified by the
				department as chronically dewatered, the owners or operators of appropriation
				facilities and/or the owners or operators of instream water rights which
				require a measuring device will record and report to the department or another
				designated entity water measurements at reasonable intervals determined by the
				department after consultation with the affected owners or operators.
Sec.
					 85-2-113, MCA; IMP,
					 85-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.107 - NOTICE OF DEADLINE OR EXTENSION

Current through Register Vol. 13, July 5, 2024
(1) Upon
				action by the board establishing a deadline or granting an extension of time,
				the department shall prepare a notice containing the facts pertinent to the
				order and shall publish the notice once in a newspaper of general circulation
				in the area of the identified watercourse.
(2) Before the date of publication, the
				department shall serve the notice by first-class mail upon:
(a) appropriators of water according to the
				records of the department who may be affected by the board action.
(b) any purchaser under contract for deed, as
				defined in 70-20-155, MCA, of the property that may be affected by the board
				action.
(c) any other person or
				agency the department feels may be interested in or affected by the board
				action.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.1 - General Provisions › Rule 36.14.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the terms defined by
				  85-15-106,
				  MCA, the following definitions apply in this subchapter, unless the context
				  requires and clearly states otherwise.
(1) "Act" means the Montana Dam Safety Act,
				Title 85, Chapter 15, MCA.
(2)
				"Breach flooded area" means the area downstream from a dam that would be
				inundated if the dam failed.
(3)
				"Certification" means a statement of opinion by an engineer whose work on a dam
				has been conducted in accordance with the standard of care within dam
				engineering practice. Certification does not constitute a warranty or guarantee
				of facts or conditions certified.
(4) "Commence construction" means the actual
				start of site preparation and on-site building, but does not include
				preliminary surveying work, site exploration, or engineering plans
				preparation.
(5) "Construction
				permit" means a written authorization issued by the department giving the owner
				authorization to construct a dam or reservoir in accordance with conditions
				that ensure construction of the dam and reservoir in a thorough, secure, and
				substantial manner.
(6) "Corps"
				means United States Army Corps of Engineers.
(7) "Days" means calendar days, including
				Sundays and holidays. If the final day in a time calculation falls on a holiday
				or weekend, the day shall be the next succeeding regular business
				day.
(8) "Department" means the
				Department of Natural Resources and Conservation and any of its employees,
				agents, or designees authorized by the director of the department to act on
				behalf of the department.
(9)
				"Emergency procedures and warning plan" means a predetermined plan of action to
				be taken to reduce the potential for property damage and loss of lives in an
				area affected by a dam break.
(10)
				"Five-year dam evaluation" means an assessment of the safety and performance of
				a dam based on both a visual inspection and a safety evaluation.
(11) "Height of dam" means the vertical
				distance from the lowest elevation of the dam crest to the lowest point of
				natural ground, including any stream channelalong the downstream toe of the
				dam.
(12) "Inundation" means water,
				regardless of depth, over the general level of the submerged ground adjacent to
				and including the stream channel.
(13) "Loss of life" means loss of human
				life.
(14) "Maximum normal
				operating pool":
(a) means the elevation of
				lowest uncontrolled principal spillway for on-stream reservoirs;
(b) means the elevation of the auxiliary
				spillway for flood control structures; and
(c) is defined on a case-by-case basis
				according to reservoir operation for off-stream reservoirs.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.1 - General Provisions › Rule 36.14.102 - DUTIES AND AUTHORITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-15-110, MCA; IMP,
					 85-15-106,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.1 - General Provisions › Rule 36.14.103 - EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-15-110, MCA; IMP,
					 85-15-107,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.1 - General Provisions › Rule 36.14.104 - CANCELLATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Permits may be
				canceled by the department for cause including but not limited to the
				following:
(a) violation of any permit
				condition;
(b) failure to fully
				disclose all relevant facts or obtaining a permit through
				misrepresentation;
(c) violation of
				the act or these rules; or
(d)
				change or newly discovered condition or circumstance that makes or would make
				the dam unsafe.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.1 - General Provisions › Rule 36.14.105 - LIABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-15-110, MCA; IMP,
					 85-15-305,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.201 - WHO HAS TO APPLY FOR HAZARD DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) An application for hazard determination
				must be made by an owner proposing to construct, including new construction,
				alteration, repair, enlargement, or removal of, any dam or reservoir that has
				or could impound to the maximum normal operating pool 50 acre-feet or more.
(a) Dams already classified as high-hazard
				are not required to reapply for a hazard determination.
(b) An owner of a dam may request a waiver to
				the application requirement if:
(i) the dam is
				not high-hazard as previously classified by the department;
(ii) no additional downstream development has
				occurred; and
(iii) the size and
				impounding capacity of the dam is unchanged from the department's original
				classification.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.202 - HAZARD DETERMINATION BY THE CORPS

Current through Register Vol. 13, July 5, 2024
(1)
				The department will automatically adopt the determination of high-hazard only
				for those dams classified high-hazard by the corps pursuant to P.L. 92-367. A
				copy of the letter or document of such determination or reference to a report
				by the corps must accompany any application for construction permit or
				operation permit. The owner may request a determination by making an
				application for hazard determination.
Sec.
					 85-15-110, MCA; IMP, Sec.
					 85-15-209,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.203 - MULTIPLE DAMS

Current through Register Vol. 13, July 5, 2024
(1) A single
				application may be submitted for more than one dam when the dams are:
(a) for the same reservoir or in series;
				and
(b) would flood the same
				drainage if failure should occur.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.204 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) An application for hazard determination
				must be submitted to the department.
(2) An application must be made on a form
				provided by the department and must contain at least the following:
(a) name, address, and phone number of the
				owner;
(b) reservoir and dam
				general description to include not less than the impoundment capacity, dam
				height, location, and purpose;
(c)
				maps showing the location of the proposed structure;
(d) signature of owner or owner's authorized
				representative and date of the signature; and
(e) an inspection fee of $125.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.205 - APPLICATION PROCESSING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall:
(a) notify the owner in
				writing within 10 days of receipt that an application has been received and
				advise the owner of any additional information required to complete the
				application;
(b) arrange for a
				field investigation with the dam owner to gather data or information to make a
				hazard determination;
(c) classify
				the hazard of the dam or reservoir based on the application, the site
				inspection, and evaluation of the potential flooded area caused by a dam
				failure; and
(d) notify the owner
				in writing of the hazard classification determination within 60 days of receipt
				of a complete application.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.206 - CRITERIA FOR DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department's hazard determination shall be based on the consequences of dam
				failure, not the condition, probability, or risk of failure.
(2) A dam must be classified high-hazard if
				the impoundment capacity is 50 acre-feet or larger measured at the maximum
				normal operating pool, and it is determined that a loss of human life is likely
				to occur within the breach flooded area as a result of failure of the dam.
(a) Loss of life is assumed likely to occur
				if the following structures are present or planned for as a matter of public
				record or notice in the breach flooded area:
(i) occupied houses and farm
				buildings;
(ii) stores;
(iii) gas stations;
(iv) parks;
(v) golf courses;
(vi) stadiums;
(vii) ball parks; and
(viii) interstate, principal, and other paved
				highways, including railroads, highway rest areas, RV areas, and developed
				campgrounds. Excluded from this list are unpaved county roads and all private
				roads.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.207 - CHANGE IN CLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A
				high-hazard dam owner may request the department to reconsider a hazard
				determination.
(a) A request for
				reconsideration must include the data and analyses necessary to show that the
				dam is not a high-hazard dam.
(b)
				The owner shall pay for reasonable inspection costs incurred by the department
				as a result of the reconsideration.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.208 - DAMS IN SERIES

Current through Register Vol. 13, July 5, 2024
(1) The worst case
				scenario shall govern for determining the hazard classification of dams in
				series where more than one mode of failure is possible among the dams.
				Classification shall be based on potential for failure under combined and, if
				applicable, individual dam breach scenarios.
(2) The upstream dam must be classified as a
				high-hazard dam if:
(a) an upstream dam has
				the capability to create failure in a downstream high-hazard dam because of its
				failure flood wave; or
(b) the
				failure flood wave of the upstream dam will likely cause a loss of life, with
				or without failure of the downstream dam.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.2 - Hazard Classification › Rule 36.14.209 - RESERVOIR CAPACITY DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department may calculate the reservoir capacity in acre-feet, in absence of
				detailed data, as 0.4 times the vertical height in feet from the downstream toe
				of the dam to the maximum normal operating pool times the water surface area at
				that level in acres.
(2) Reservoir
				capacity due to excavation in the impoundment area is excluded from capacity
				calculations.
(3) This rule applies
				to multiple or a series of dams erected on a valley, basin, coulee, or ravine
				where each reservoir is less than 50 acre-feet, but all are operated singly as
				one reservoir containing more than 50 acre-feet. Whether the series is operated
				as a single reservoir will be a question of fact in each instance. Factors to
				consider include:
(a) whether all dams or
				reservoirs are under the same ownership and control;
(b) whether all dams or reservoirs operate as
				a unit (i.e., if one of the dams or reservoirs suffers a change, it will in
				most instances affect one or more of the other dams or reservoirs);
				or
(c) whether the dams or
				reservoirs are physically proximate and on the same valley, basin, coulee, or
				ravine.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.301 - CONSTRUCTION PERMIT APPLICATION - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) An owner who wishes to construct, alter,
				repair, enlarge, or remove a high-hazard dam shall apply for, and receive from
				the department a construction permit prior to any construction.
(2) A single application must be submitted
				for each dam, even if the dams are part of a single project or
				facility.
(3) An application for a
				construction permit must include:
(a) the
				engineering design report;
(b) the
				construction plans and specifications; and
(c) the application form provided by the
				department. The application form must:
(i) be
				signed by the owners of the dam or reservoir;
(ii) include the name, address, and phone
				number of the owner; and
(iii)
				include the name and purpose of the proposed dam or reservoir.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.302 - DEPARTMENT INSPECTION COSTS DURING CONSTRUCTION

Current through Register Vol. 13, July 5, 2024
(1) The owner shall pay for the department's
				actual and necessary costs, excluding salary and travel expenses, incurred for
				occasional inspections during construction if a need arises from a particular
				circumstance to ensure a safe dam.
(2) The cost must be paid within 30 days of
				billing by the department.
(3)
				Failure to pay the costs billed within 30 days of mailing by the department
				will result in the automatic cancellation of the construction permit and a
				forfeiture of all rights acquired under the permit.
Sec.
					 85-15-110,
					 85-15-211,
					 85-15-216, MCA; IMP, Sec.
					 85-15-110(6),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.303 - NEW CONSTRUCTION - ENGINEERING DESIGN REPORT

Current through Register Vol. 13, July 5, 2024
(1) An engineering design report for
				construction of a new dam must include:
(a) a
				summary describing:
(i) the name of the
				proposed dam;
(ii) the name of the
				engineer;
(iii) the mailing address
				of the engineer;
(iv) the location
				of the proposed dam;
(v) the type,
				size, and height of the proposed dam;
(vi) the storage capacity and reservoir
				surface area for normal and maximum water surface elevation;
(vii) a general description of the dam and
				appurtenances;
(viii) maps showing
				the location of the structure that include county and state roads, and access
				to the site and the outline of the reservoir (Aerial photographs or USGS maps
				may be used) ;
(ix) an outlet
				discharge capacity rating table(s) referenced to reservoir elevations
				indicating the discharge that can be safely released;
(x) a rating table(s) indicating spillway
				discharge capacity referenced to reservoir elevations;
(xi) a table showing the reservoir area (in
				acres) and storage capacity (in acre-feet) for each foot of elevation from zero
				storage to the crest of the dam (Indicate the elevation of the dead storage,
				outlet elevation, and the elevation of the spillway(s). All elevations shall be
				given in feet above mean sea level) ; and
(xii) photographs of the proposed
				site;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.305 - NEW CONSTRUCTION - CONSTRUCTION AND MATERIAL SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The construction permit application for
				construction of a new dam must contain construction and material
				specifications, including a detailed description of the work to be performed
				and a statement of the requirements for the permanent construction; for
				example, foundation preparation, placement of materials, and concrete quality
				control. Also, any special techniques should be carefully described.
(2) The specifications must include the
				following provisions:
(a) the technical
				provisions describing the method of construction and quality control for the
				project including, at a minimum, the following:
(i) clearing and grubbing and other site
				preparation;
(ii) foundation
				preparation and construction requirements;
(iii) spreading and compaction requirements
				to include lift thicknesses, moisture content, and degree of compaction with
				appropriate compaction curves, slopes, and grades;
(iv) material and gradation and construction
				requirements for filters and drains;
(v) material and installation requirements
				for pipes and fittings;
(vi)
				material and placement requirements for concrete;
(vii) installation of monitoring
				devices;
(viii) revegetation and
				permanent erosion control, including slope protection;
(ix) public safety;
(x) construction erosion and sediment
				control; and
(xi) material and
				installation requirements for equipment;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.306 - REPAIR, ALTERATION, OR ENLARGEMENT - ENGINEERING DESIGN REPORT, PLANS, AND SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				engineering design report and the plans and specifications for a construction
				permit application must contain the following:
(a) engineering design report - The report
				must address and provide specific information pertaining to the following as
				appropriate or as specified by the department:
(i) a summary, including those items in ARM
				36.14.303(1), and
				a general description of the proposed work, and for repair must include the
				specific measures to be taken to reasonably ensure the problem will not recur
				or the solution is the most reasonable and will not impact the safety of the
				dam;
(ii) appropriate geotechnical,
				hydrologic, and hydraulic calculations and assumptions relative to design of
				repairs, enlargement, or alteration of the dam or its appurtenances;
(iii) calculations and assumptions relative
				to design of repairs, enlargement, or alteration to the structural elements of
				the dam;
(iv) reservoir operation
				during the construction, including drawdown and refill schedules; and
(v) seepage control, including complete
				description of measures taken to protect the integrity of the dam during the
				construction; and
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.307 - GENERAL MAINTENANCE AND ORDINARY REPAIRS THAT DO NOT REQUIRE A CONSTRUCTION PERMIT

Current through Register Vol. 13, July 5, 2024
(1) General
				maintenance and ordinary repairs that do not require a construction permit are
				those activities that do not impair the safety of the dam if done properly.
				These activities include:
(a) removal of brush
				or weeds, or cutting of trees, removal of slash from the embankment or
				spillway, and removal of small stumps is included, provided no deep excavation
				into the embankment occurs;
(b)
				repair of erosion gullies or minor rodent damage on the embankment or in the
				spillway (Large gullies that have already weakened the dam must be repaired in
				accordance with ARM
				36.14.306 ) ;
(c) surface grading of the embankment crest
				or spillway to eliminate potholes and provide proper drainage, provided that
				the freeboard is not reduced; and
(d) placement of additional riprap and
				bedding on the upstream slope, or in the spillway, in areas that have sustained
				minor damage. This would involve restoring the original riprap protection and
				maintaining the original capacity where the damage has not yet resulted in
				weakening of the dam.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.308 - REMOVAL - ENGINEERING REPORT, PLANS, AND SPECIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) The engineering report must include
				detailed descriptions and design assumptions for the removal, partial removal,
				or abandonment of the dam.
(2)
				Plans and specifications must include as a minimum the following:
(a) a cover sheet indicating the name of the
				project, name of owner, certification by the engineer and the owner pursuant to
				ARM 36.14.304(2b),
				designated access to the site, and the location with respect to highways,
				roads, and streams;
(b) method of
				draining the reservoir during removal and statement of the sequence of
				operations;
(c) method of disposal
				or stabilization of the sediment;
(d) disposition of the dam
				materials;
(e) description of the
				reclamation actions to be applied to the dam and impoundment area;
				and
(f) means for removal of the
				dam to prevent future impoundment.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.310 - FINAL INSPECTION - NOTICE OF COMPLETION

Current through Register Vol. 13, July 5, 2024
(1) The owner shall give the department at
				least 10 days advance notice of the engineer's final construction
				inspection.
(2) If, after the
				review, the department determines that the work has not been performed in
				accordance with the provisions of the permit, the department shall specify the
				deficient items or necessary work in writing to the owner, who shall cause the
				work to be completed in conformity with the permit.
Sec.
					 85-15-110, MCA; IMP, Sec.
					 85-15-211,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.311 - RELEASE OF THE PERFORMANCE BOND (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-15-110,
					 85-15-211,
					 MCA; IMP:
					 85-15-210,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.3 - Construction Application and Permit › Rule 36.14.312 - NOTICE, ORDER, AND REVOCATION FOR NONCOMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) If at any time during construction of any
				dam or reservoir the department finds that the work is not being done in
				accordance with the provisions of the permit, including revisions, it shall
				give a written notice and order by certified mail or by personal service to the
				owner.
(2) The notice and order
				must state the particulars in which the permit is not being or has not been
				complied with and shall order the immediate compliance.
(3) The department may order that no further
				work be done
until evidence of compliance has been submitted to the
				  department.
(4) If a
				permittee fails to comply with the permit after receipt of a notice, the permit
				is deemed canceled, and all rights acquired under the permit are
				forfeited.
(5) If, after any
				inspections, investigations, or examinations, or at any time as the work
				progresses, it is found by the department that amendments, modifications, or
				changes are necessary to ensure safety, the department may order the owner to
				revise the plans and specifications.
(6) If, after any inspections,
				investigations, or examinations, or at any time as the work progresses,
				conditions are discovered that will not permit the construction of a safe dam
				or reservoir, the department shall cancel the permit.
Sec.
					 85-15-110,
					 85-15-211,
					 85-15-216, MCA; IMP, Sec.
					 85-15-210,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.401 - OPERATION PERMIT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) For all
				high-hazard dams not exempt pursuant to the act and ARM
				36.14.103, the department shall
				require an operation permit and impose such reasonable conditions as are
				necessary to ensure that high-hazard dams are safely operated and maintained,
				and that the operation and maintenance of high-hazard dams are consistent with
				the act and all implementing orders and administrative rules. An application
				for an operation permit to operate a high-hazard dam must be submitted to the
				department:
(a) before operation of a
				high-hazard dam for which a construction permit has been issued; and
(b) by the date specified in the permit for
				renewal of an operation permit for a permitted high-hazard dam.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.402 - OPERATION PERMIT APPLICATION - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Applications, including applications for
				renewal of a permit to operate high-hazard dams must include:
(a) an operation plan pursuant to ARM
				36.14.403;
(b) a report of the five-year dam evaluation
				pursuant to ARM
				36.14.603;
(c) a statement of the owner's intent
				regarding any deficient or unsafe items identified by the report; and
(d) a time schedule to remedy the deficient
				or unsafe items.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.403 - APPLICATION CONTENT - RESERVOIR OPERATION PLAN

Current through Register Vol. 13, July 5, 2024
(1) Any application for a permit to operate a
				high-hazard daM must include a documented plan of the dam and reservoir
				operation for normal conditions, flood events, and emergency conditions. This
				plan must include:
(a) the operation
				procedures;
(b) maintenance
				procedures; and
(c) emergency
				procedures and warning plan.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.404 - OPERATION PLAN - RESERVOIR OPERATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The reservoir operation procedures must
				describe the method and schedule of operation of the high-hazard dam and
				reservoir, which must include:
(a) procedures
				for safe drawdown rate of the reservoir;
(b) a description of the capabilities and
				limitations of the outlet facilities, spillways, and other dam
				appurtenances;
(c) a description of
				the authority granted to the dam tender and the training and direction or
				instruction necessary to properly and safely operate the gates and other dam
				appurtenances during normal, flood, and emergency conditions;
(d) a description of the availability of the
				dam tender, means of communication between the dam tender and his supervising
				authority, and method of gate operation, for example, manual, automatic, or
				remote control;
(e) a plan to
				monitor and anticipate unusual weather and hydrologic conditions and
				incorporate these conditions into the operation plan;
(f) a plan including the method and frequency
				for routine inspections conducted by an engineer, or owners or dam tender, at
				least once per year as well as inspections after critical events identified in
				the plan, for example, during and after heavy runoff, a severe rainstorm, a
				severe wind storm, or after an earthquake, and during periods of high storage.
				The plan must identify an inspection checklist and other directions to complete
				the required inspections. Inspections following critical events must be
				performed by an engineer, who may also be the owner or the dam tender,
				experienced in dam inspection. The completed inspection checklist and any other
				report must be maintained in the owner's records;
(g) a plan for permanent monitoring of the
				dam, for example, instrument installations, seepage collection systems, and
				water levels necessary to ensure the safe operation of the dam. The plan must
				identify the frequency of the data collection and the data value(s) that would
				constitute an unsafe or watch condition. If no monitoring is considered
				necessary, the reasons for this judgment must be stated; and
(h) a plan for interaction with operations of
				other dams and reservoirs, upstream and downstream, that may affect or be
				affected by the dam or reservoir operations during normal and emergency
				releases.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.405 - OPERATION PLAN - MAINTENANCE PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1)
				Maintenance procedures of the high-hazard dam and its appurtenant works must
				include:
(a) the method and frequency of
				routine inspections and maintenance of the dam necessary to:
(i) remove and prevent the growth of trees or
				brush on the embankment of the dam and on the spillway system;
(ii) remove and prevent the accumulation of
				debris, obstructions, or other deleterious materials from upstream face of the
				dam and the spillway system;
(iii)
				ensure that all gates, orifices, dissipators, trash racks, and other
				appurtenances--including monitoring devices--that affect the proper operation
				of the dam and reservoir are kept in good repair and working order;
(iv) maintain adequate and suitable
				vegetation to prevent the erosion of the embankment and earth spillway for the
				dam; and
(v) determine that any
				seepage on the downstream slopes of the dam does not present a situation
				indicative of potential dam failure; and
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.406 - OPERATION PLAN - EMERGENCY PROCEDURES AND WARNING PLANS

Current through Register Vol. 13, July 5, 2024
(1) All operation plans must contain
				emergency procedures and warning plans to be used in the event of an
				emergency.
(2) The plan must be
				developed in cooperation with those designated by the owner for carrying out
				the plan in an emergency, such as county disaster emergency coordinators,
				county sheriff, city police, engineer, and others.
(3) The owner shall file the plan with the
				appropriate disaster and emergency services coordinator.
(4) The plan must include but not be limited
				to:
(a) a map of the evacuation area
				downstream of the dam based on the estimated inundation caused by a sudden
				breach of the dam;
(b) an
				up-to-date notification directory with phone numbers of key county or municipal
				and emergency management officials, an engineer familiar with the dam's
				characteristics, the department, and a procedure to notify downstream residents
				located within the inundation area;
(c) the current name of the owner or
				representative responsible for giving notification of a threat of
				failure;
(d) the general sites and
				availability of materials for emergency repairs such as filling erosion gullies
				and controlling seepage; and
(e) a
				list of CONTRACTORS and others that could provide assistance before, during,
				and after a dam failure or reference that the county resource book for disaster
				and emergency services has been examined and contains the necessary CONTRACTORS
				and others.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.4 - Operation Application and Permit › Rule 36.14.407 - OPERATING PERMIT - CONDITIONS AND TERMS

Current through Register Vol. 13, July 5, 2024
(1)
				Each operating permit issued or renewed by the department may contain terms
				relating to the inspection, evaluation, operation, maintenance, alteration,
				repair, use, or control of a dam or reservoir as determined necessary for the
				safe operation of the high-hazard dam and include:
(a) The owner of the dam or reservoir shall
				at all times follow the operation plan of the dam or reservoir, including the
				reservoir operation procedure, maintenance procedure for the dam and
				appurtenant works, and emergency procedures and warning plans as approved by
				the department;
(b) the owner of
				the dam or reservoir, or their representative, shall complete an annual
				operation and maintenance inspection;
(c) the initial filling of a completed new
				dam or repaired dam must be controlled by the owner and observed by the
				engineer at frequent intervals;
(d)
				a copy of the current and approved operation plan must be provided to the dam
				tender or operator;
(e) except in
				an emergency, no construction other than that necessary for the normal
				operation, maintenance, investigation, and monitoring of the dam and reservoir
				must be allowed on the dam or its appurtenant works unless a construction
				permit for such work has been approved by the department;
(f) an application for renewal of an
				operation permit must be submitted to the department before the operation
				permit lapses;
(g) the sale or
				conveyance of a permitted dam or the land on which the dam is located must not
				affect the validity of the permit. The owner in whose name the permit is
				granted must notify the department in writing of such change of ownership
				within the 30 days of such transfer; and
(h) permits must not be transferred from one
				dam to another.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.5 - Design and Construction Criteria › Rule 36.14.501 - HIGH-HAZARD DAM DESIGN CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Designs for
				construction of high-hazard dams must conform to accepted practices and
				procedures of the engineering profession.
(2) Design as well as preparation of the
				construction plans and specifications must be prepared by or under the
				direction of an engineer experienced in dam design and construction.
(3) An earthfill dam must be safe and stable
				during all phases of construction and operation of the reservoir. To accomplish
				this, the following criteria must be met:
(a)
				the embankment must be safe against overtopping during occurrence of the inflow
				design flood by the provision of sufficient spillway and outlet works
				capacity;
(b) the slopes of the
				embankment must be stable during construction and under all conditions of
				reservoir operation, including rapid drawdown of the reservoir;
(c) the embankment must be designed so as not
				to impose excessive stresses upon the foundation;
(d) seepage flow through the embankment,
				foundation, and abutments must be controlled so that no internal erosion or
				piping takes place and so there is no sloughing in the area where the seepage
				emerges;
(e) the embankment must be
				safe against overtopping by wave action;
(f) the upstream slope must be protected
				against erosion by wave action, and the crest and downstream slope must be
				protected against erosion due to wind and rain;
(g) the design must be such that the most
				severe earthquake that can be reasonably anticipated will not cause
				catastrophic failure and loss of life; and
(h) construction of the dam and its
				appurtenants must be constructed utilizing proper methods and
				control.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.5 - Design and Construction Criteria › Rule 36.14.502 - HYDROLOGIC STANDARD FOR EMERGENCY AND PRINCIPAL SPILLWAYS

Current through Register Vol. 13, July 5, 2024
(1) Spillway conveyance for high-hazard dams
				will be based on estimated loss of life downstream from the dam caused by
				spillway failure.
(2) The minimum
				inflow design flood for an estimated loss of life of 0.5 or less shall be the
				500-year recurrence interval flood.
(3) The minimum inflow design flood
				recurrence interval for estimated loss of life greater than 0.5 and less than
				or equal to 5 shall be determined by multiplying the estimated loss of life by
				1,000.
(4) The minimum inflow
				design flood for estimated loss of life greater than 5 and less than 1,000
				shall be determined from the design precipitation derived using the following
				equations:
Ps = P5,000
				  (10rd) where
r = -0.304 +.435 log10 (lol)
d = log10 (PMP) -
				  log10 (P5,000)
lol = estimated loss of life
PMP = probable maximum precipitation
P5,000 = 5,000-year recurrence
				  interval precipitation
Ps = design precipitation to meet
				  spillway standard
(5) The
				minimum inflow design flood for estimated loss of life greater than or equal to
				1,000 shall be the probable maximum flood.
(6) The reservoir and spillway must safely
				store and pass the runoff resulting from the minimum inflow design
				flood.
(7) As a minimum, the
				reservoir will be assumed at normal operation pool before the minimum inflow
				design flood begins.
(8) The
				spillway capacity may be smaller if an analysis shows that there is no
				additional loss of life expected from the dam failure flood than that observed
				for the minimum inflow design flood.
85-15-110, MCA; IMP,
					 85-15-210,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.5 - Design and Construction Criteria › Rule 36.14.503 - INSTRUMENTATION

Current through Register Vol. 13, July 5, 2024
(1) A means to measure the reservoir water
				level to within one-tenth of a foot is required for all dams. The measurement
				must be correlated with the capacity of the reservoir.
(2) Any dam that exceeds 50 feet in height
				must have a sufficient number of piezometers adequately monitoring the
				piezometric surface within the dam to identify unusual changes in seepage
				characteristics of the dam.
(3) All
				dams must have an adequate seepage monitoring and collection system.
(4) The department shall specify any other
				necessary instrumentation in the permit based upon the design being implemented
				and the information acquired during an investigation.
85-15-110, MCA; IMP,
					 85-15-210,
					 85-15-213,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.5 - Design and Construction Criteria › Rule 36.14.504 - BREACH OR REMOVAL OF AN EARTH DAM

Current through Register Vol. 13, July 5, 2024
(1) The
				breach of an earth dam must be excavated down to the level of the natural
				ground and be able to pass the 100-year, 24-hour flood at a depth and velocity
				equivalent to the natural channel. However, the maximum width required may be
				the total removal of the dam.
(2)
				The sides of the breach must be excavated to a slope that is stable and
				consistent with the natural angle of repose of adjacent material abutting the
				dam or as determined by the engineer.
85-15-110, MCA; IMP,
					 85-15-210,
					 85-15-213,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.14 - DAM SAFETY › Subchapter 36.14.6 - Periodic Owner Inspections › Rule 36.14.601 - FIVE-YEAR DAM EVALUATION - GENERAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The owner of a high-hazard dam shall have
				a five-year dam evaluation conducted by a qualified engineer.
(2) A visual inspection of the dam must be
				conducted at least once every five years or within the period stated in the
				terms of an operation permit for a high-hazard dam. The visual inspection may
				be split into two separate visits to the dam site, if the first visit to the
				dam site does not exceed the inspection frequency set forth in the approved
				operation permit.
(3) The frequency
				of the five-year dam evaluation shall be set by the department after
				considerations including the condition of the dam, proximity to population
				centers, current design technology, and type of construction.
(4) The owner shall retain records of all
				inspections, including records of actions taken to correct conditions found in
				such inspections.
(5) The owner
				shall bear the cost of the five-year dam evaluation.
AUTH:
					 85-15-110, MCA;
					 IMP:
					 85-15-213,
					 MCA