Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part ONE - GENERA › Section 173-175-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) These
				regulations are applicable to dams which can impound a volume of ten acre-feet
				or more of water as measured at the dam crest elevation. The ten acre-feet
				threshold applies to dams which can impound water on either an intermittent or
				permanent basis. Only water that can be stored above natural ground level or
				which could be released by a failure of the dam is considered in assessing the
				storage volume.
The ten acre-feet threshold applies to any dam which can
				  impound water of any quality, or which contains any substance in combination
				  with sufficient water to exist in a liquid or slurry state at the time of
				  initial containment.
(2)
				For a dam whose dam height is six feet or less and which meets the conditions
				of subsection (1) of this section, the department may elect to exempt the dam
				from these regulations.
The decision by the department to exempt a dam will be made
				  on a case-by-case basis for those dams whose failure is not judged to pose a
				  risk to life and minimal property damage would be expected (downstream hazard
				  class 3).
(3) These
				regulations do not apply to dams that are, or will be, owned, by an agency of
				the federal government which has oversight on operation and maintenance and has
				its own dam safety program for periodic inspection and repair of safety
				deficiencies of completed projects. The department will continue to be the
				state repository for pertinent plans, reports, and other documents related to
				the safety of federally owned dams.
(4) These regulations do not apply to
				transportation facilities such as roads, highways, or rail lines which cross
				watercourses and exist solely for transportation purposes and which are
				regulated by other governmental agencies.
Those transportation facilities which cross watercourses and
				  which have been, or will be, modified with the intention of impounding water on
				  an intermittent or permanent basis and which meet the conditions of subsection
				  (1) of this section shall be subject to these regulations.
(5) These regulations do not apply to dikes
				or levees constructed adjacent to or along a watercourse for protection from
				natural flooding or for purposes of flood plain management.
(6) These regulations do not apply to
				concrete or steel water storage tanks.
(7) These regulations do not apply to FERC
				licensed projects and to FERC exempted projects. The department will continue
				to maintain a repository for pertinent plans, reports, and other documents
				related to the safety of FERC licensed and FERC exempted projects.
Statutory Authority:
					 RCW
					 43.21A.064,
					 43.21A.080,
					 86.16.061,
					 90.03.350 and [90.03].470.
					 04-16-122 (Order 03-08), § 173-175-020, filed 8/4/04, effective 9/4/04.
					 Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), § 173-175-020,
					 filed 10/24/95, effective 11/24/95. Statutory Authority:
					 RCW
					 43.21A.064, [43.21A].080 and 86.16.061.
					 93-01-090 (Order 92-35), § 173-175-020, filed 12/16/92, effective 1/16/93;
					 92-12-055 (Order 91-17), § 173-175-020, filed 6/1/92, effective
					 7/2/92.