Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter D - OPERATION AND MAINTENANCE OF DAMS › Section 299.42 - Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Periodic
				  engineering inspections by the executive director.
(1) The executive director may enter any
				  person's property at any time for the purpose of inspecting any dam to
				  determine if the dam is being maintained in a safe manner.
(2) The executive director shall perform
				  periodic engineering inspections of dams based on hazard classification, as
				  defined in §
											299.14
				  of this title (relating to Hazard Classification Criteria), on the following
				  frequency.
(A) High-hazard dams shall be
				  inspected once every five years.
(B) Significant-hazard dams shall be
				  inspected once every five years.
(C) Large dams, as defined in §
												299.13
				  of this title (relating to Size Classification Criteria), in the low-hazard
				  classification shall be inspected once every five years.
(D) Small and intermediate dams, as defined
				  in §
												299.13
				  of this title, in the low-hazard classification shall not be included in the
				  periodic inspection program. These dams may be inspected for the purposes of:
(i) determining hazard
				  classification;
(ii) assessing
				  condition of the dam following an emergency such as a flooding event;
(iii) assessing condition of the dam that
				  could threaten the integrity of the dam as a result of a request by the
				  owner;
(iv) assessing the condition
				  of the dam as a result of a complaint; or
(v) assessing the condition of a dam as a
				  result of a request from someone other than the owner.
(3) The executive director's
				  engineering inspection may consist of:
(A)
				  conducting a visual inspection and evaluation of the condition of the dam and
				  appurtenant structures, the downstream area, and any other areas affected by
				  the dam;
(B) taking measurements of
				  elevations, dimensions, slopes, and locations of the dam and appurtenant
				  structures;
(C) taking photographs
				  for documentation;
(D) conducting
				  an evaluation of the hazard classification to determine if the classification
				  should be changed as a result of the inspection;
(E) reviewing and evaluating the owner's
				  operation, maintenance, and inspection programs and all other records;
				  and
(F) reviewing the owner's
				  emergency action plan, including the gate operation plan if
				  applicable.
(4) The
				  executive director shall prepare a written inspection report that provides the
				  findings from the inspection and lists recommendations for actions to be taken
				  to assist the owner in maintaining the continued integrity, safety, and
				  operation of the dam. The executive director may require the owner to have the
				  owner's professional engineer perform hydrologic, hydraulic, or structural
				  evaluations of the dam as described in Subchapter B of this chapter (relating
				  to Design and Evaluation of Dams). The executive director shall provide the
				  owner with a copy of the written report, or letter, as soon as practical after
				  the inspection.
(5) The owner shall
				  provide a written response to the executive director, if requested, and include
				  a plan of action with time frames for addressing all of the executive
				  director's recommendations from the inspection.