reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-100 - Construction permit

Current through Register Vol. 24-14, July 15, 2024
(1) Any person
				intending to construct or modify any dam shall, before beginning said
				construction or modification, submit plans and specifications and a
				construction inspection plan for review and approval by the
				department.
(2) The approval of
				these documents will be indicated by the department's plan approval stamp on
				the cover sheet of the plans signed by the department's professional engineer
				who had primary responsibility for the engineering review.
(3) The return of the construction plans to
				the owner will be accompanied by a construction permit which authorizes
				construction and which must be prominently displayed at the construction
				site.
(4) A copy of the department
				approved plans and specifications shall be maintained at the construction
				site.
(5) Construction work shall
				not proceed until the plans, specifications, and construction inspection plan
				have been approved by the department.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-100, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-110 - Sequence of permitting actions

Current through Register Vol. 24-14, July 15, 2024
The sequence of tasks to be completed by the owner or the
				  project engineer, and the actions taken by the department in permitting dam
				  construction are outlined below. A more complete description of the required
				  tasks, reports, and plans are described in later sections, and additional
				  guidance in meeting department requirements is contained in the department
				  documents titled
Dam Safety Guidelines.
The following outline
				  is listed to give an overview of the normal sequence of actions for
				  construction of a new dam. Subsections (9), (10), and (11) of this section will
				  not be required for modification of an existing dam where the department has
				  previously accepted the project's operation and maintenance plan and emergency
				  action plan.
(1) Submission of
				application for construction permit, including initial nonrefundable fee
				payment.
(2) Submission of
				engineering design report(s).
(3)
				Submission of plans and specifications.
(4) Payment of construction permit
				fee.
(5) Submission of construction
				inspection plan.
(6) Resolution of
				any outstanding engineering issues.
(7) Department approves plans and
				specifications and issues construction permit.
(8) Construction or modification of
				dam.
(9) Submission of operation
				and maintenance (O&M) plan.
(10) Submission of emergency action plan
				(EAP).
(11) Department accepts
				O&M plan and EAP.
(12)
				Declaration by project engineer that project was constructed or modified in
				accordance with approved plans and specifications and construction change
				orders.
(13) Department concurs
				with project engineer that project was constructed or modified in accordance
				with approved plans and specifications and construction change
				orders.
(14) Department authorizes
				filling of reservoir at new dam or resumption of normal operations at existing
				dam.
(15) Submission of a report
				summarizing the construction records.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-110, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-120 - Application for construction permit

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall supply an
				application form to be used to initiate the process for obtaining the
				construction permit.
(2) The
				application form shall be submitted to the department at the time that the
				first substantive engineering information becomes available about the proposed
				project.
(3) An initial,
				nonrefundable payment which may represent all or a portion of the construction
				permit fee, shall be included along with the application form. The amount of
				the initial construction permit fee payment is defined in WAC
				173-175-390.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-120, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-130 - Engineering design reports

Current through Register Vol. 24-14, July 15, 2024
(1)
				Engineering design reports summarizing the various engineering investigations
				and pertinent project information are an important element of the project
				design documents. All pertinent engineering design reports that have been
				prepared during project formulation shall be submitted for review. The
				engineering design report(s) must bear the seal and signature of the project
				engineer.
(2) The engineering
				design reports shall be sufficiently complete so as to support the development
				of plans and specifications without substantial change or additional
				information.
(3) The engineering
				design report(s) shall be comprehensive in description of the various
				engineering investigations.
(a) For new
				project construction, the engineering design report(s) shall include, as a
				minimum, the items listed in subsection (4) of this section:
(b) For modifications of existing dams, the
				engineering design report(s) shall include, as a minimum, those items listed in
				subsection (4) of this section which represent changed conditions from original
				construction or which address items that have not been previously addressed in
				prior reports that were submitted to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-140 - Plans and specifications

Current through Register Vol. 24-14, July 15, 2024
(1)
				Two copies of the plans and specifications, bearing the seal and signature of
				the project engineer, shall be submitted to the department for engineering
				review. Upon approval, one copy will be retained by the department and the
				other copy will be returned to the owner or the project engineer.
(2) For large or complex projects, one copy
				of the preliminary or intermediate level plans, in addition to the final plans,
				shall be submitted to the department for review.
(3) To be approved, the plans and
				specifications must contain sufficient detail to describe the proposed
				construction work.
(a) The following items, as
				a minimum, shall be included as part of the construction plans:
(i) Project location and vicinity
				maps;
(ii) Site map of dam,
				reservoir area, and appurtenances;
(iii) Sectional view along longitudinal axis
				of dam and foundation;
(iv)
				Cross-sectional view of dam at location of maximum height;
(v) Cross-sectional views and profiles of
				spillway(s), outlet facilities, and other appurtenances;
(vi) Steel reinforcement placement and bar
				sizing for concrete construction must be shown in at least one section or
				profile; and
(vii) The plan for
				diversion and control of water during construction.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-150 - Construction permit fee

Current through Register Vol. 24-14, July 15, 2024
There is a fee for the review of plans and specifications and
				  for construction inspections conducted by the department. The amount of the fee
				  and owner requirements for fee payment are contained in WAC
				  173-175-350 through
				  173-175-400.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-150, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-160 - Review standards

Current through Register Vol. 24-14, July 15, 2024
The department will review engineering design reports, plans,
				  and specifications and the construction inspection plan to ascertain that the
				  proposed project will be designed and constructed in a manner which will
				  reasonably secure safety to life and property.
(1) The department's review is intended to
				address issues of safety directly related to the structural stability and
				integrity of the completed project. The review is not intended to extend to
				more general issues of safety not directly related to the structural stability
				and integrity of the project which are the purview of other governmental
				agencies such as the Washington department of labor and industries (L&I),
				which administers the Washington Industrial Safety and Health Act
				(WISHA).
(2) In addition to the
				above, the department will review documents submitted pursuant to this chapter
				to ascertain that they conform to accepted engineering and construction
				practice and are in conformance with guidance contained in the department's
Dam Safety Guidelines.
(3) Those elements of a document(s) which are
				found not to be in conformance with the above will be identified to the owner
				or the project engineer and changes may be required as appropriate to conform
				to accepted engineering practice.
(4) Where differences of opinion arise on the
				suitability of certain engineering or construction practices and cannot be
				readily resolved, the burden of proof will rest on the owner and the project
				engineer to demonstrate the suitability of the proposed plan or
				action.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-160, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-170 - Construction inspection plan

Current through Register Vol. 24-14, July 15, 2024
(1) A
				detailed plan shall be submitted to the department describing how adequate and
				competent construction inspection will be provided.
(2) The construction inspection plan shall be
				prepared by a professional engineer and shall bear his/her seal and
				signature.
(3) The construction
				inspection plan shall include, as a minimum:
(a) A listing of construction activities
				related to critical project elements and planned inspection effort including
				staffing levels, responsibilities, frequency, and duration of site
				visits;
(b) A description of the
				quality assurance testing program which describes the type of test, general
				frequency, acceptable results, handling of deficient materials, and the
				individual(s) responsible for overseeing the testing;
(c) Description of construction management
				organization, lines of communication, and responsibilities;
(d) Description of the change order process
				including who is responsible for coordinating the change order review process
				with the department;
(e)
				Description of the technical records handling and the content and frequency of
				construction progress reports.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-180 - Issuance of construction permit

Current through Register Vol. 24-14, July 15, 2024
(1) After the department has determined that
				the plans and specifications and construction inspection plan conform to
				accepted engineering practice, these documents will be approved and a
				construction permit will be issued which authorizes construction to commence.
Construction shall not commence until the construction permit
				  has been issued by the department.
Preliminary work such as mobilization of equipment, stripping
				  and grubbing and other site access and preparation work is allowed prior to
				  receipt of the construction permit, provided no permanent features of the dam
				  are initiated.
(2) Receipt
				of the construction permit does not relieve the owner of the responsibility to
				secure all other applicable permits and approvals before proceeding with
				construction work.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-180, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-190 - Construction change orders

Current through Register Vol. 24-14, July 15, 2024
(1)
				All dam projects subject to the provisions of this regulation shall be
				constructed in accordance with the plans and specifications approved by the
				department. Any proposed changes to the department-approved plans which could
				have an effect on structural integrity or safe operations of the project must
				first be presented to the department for a determination if an approval is
				required.
(2) If the department
				determines that the proposed construction change order represents a significant
				modification of the approved plans or specifications that could have an effect
				on structural integrity or safe operations of the project, then approval of the
				change order will be required.
The department will review the construction change order and
				  provide a response to the project engineer in a timely manner consistent with
				  the complexity and safety concerns of the situation.
(3) If department approval of the proposed
				construction change order is required, no action can be taken by the owner to
				make the construction change until approval is given by the
				department.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-190, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-200 - Department role in construction inspection

Current through Register Vol. 24-14, July 15, 2024
(1) It will be the department's role during
				construction to confirm that the project engineer, as representative for the
				owner, is properly implementing the department approved construction inspection
				plan.
(2) The department will
				periodically observe the construction work to independently confirm that
				conditions assumed in the design stage are valid for field conditions and that
				construction is proceeding in accordance with the approved plans and
				specifications.
(3) Changes may be
				required by the department to be made to the approved plans and specifications
				to reasonably secure safety to life and property. Reasons for changes may
				include, but are not limited to the following:
(a) To address unanticipated field
				conditions;
(b) To correct
				omissions or errors in the approved plans and specifications;
(c) To correct situations where the
				construction work clearly is not being performed in a workmanlike manner and
				does not, in the opinion of the department, meet the performance intent of the
				specifications.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-210 - Operation and maintenance plan

Current through Register Vol. 24-14, July 15, 2024
(1) An operation and maintenance (O&M)
				plan shall be developed and submitted to the department for review and
				acceptance. The O&M plan shall outline and summarize how the project is to
				be operated and how the basic elements of monitoring, inspection and
				maintenance, as listed in WAC
				173-175-500(1),
				are to be accomplished.
The department may issue an acceptance after determining the
				  O&M plan is substantially complete.
(2) Owners are responsible for incorporating
				the details of the O&M plan into an O&M manual suitable for use by dam
				operators. Requirements associated with O&M manuals are listed in WAC
				173-175-500.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-210, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-220 - Emergency action plan

Current through Register Vol. 24-14, July 15, 2024
In those cases where a failure of the dam could pose a risk
				  to life based on the current level of development in downstream areas
				  (downstream hazard classes 1A, 1B, 1C, and 2, WAC
				  173-175-130 ), an emergency
				  action plan (EAP) shall be developed and submitted to the department for review
				  and acceptance. The purpose of the plan is to establish procedures for
				  responding to unusual or emergency situations and procedures for detecting,
				  evaluating, communicating and initiating notification or warning to individuals
				  who may be at risk in downstream/upstream areas. Requirements associated with
				  EAP's are listed in WAC
				  173-175-520.
The department may issue an acceptance after determining the
				  EAP is substantially complete.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-220, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-230 - Declaration of construction completion

Current through Register Vol. 24-14, July 15, 2024
Within sixty days following substantial completion of
				  construction or modification of a dam, the project engineer shall submit to the
				  department:
A declaration stating the project was constructed in
				  accordance with the department approved plans and specifications and
				  construction change orders.
The department will provide a declaration form which may be
				  used or altered, as appropriate, by the project engineer.
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), § 173-175-230, filed 8/4/04, effective 9/4/04.
					 Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-230, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-240 - Authorization to commence or resume project operation

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of the project engineer's
				declaration of construction completion, the department will authorize the owner
				or the project engineer, as appropriate, to commence or resume normal project
				operation, provided that:
(a) The department
				concurs with the project engineer that the project was constructed in
				accordance with the approved plans and specifications and construction change
				orders;
(b) The proposed O&M
				plan is acceptable to the department;
(c) The proposed emergency action plan, if
				required (see WAC
				173-175-220 ), is acceptable to
				the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-250 - Construction records summary

Current through Register Vol. 24-14, July 15, 2024
Within one hundred twenty days following completion of
				  construction or modification of a dam, the project engineer, as representative
				  of the owner, shall submit a report to the department on construction
				  activities which includes:
(1) A
				summary of results from field testing of materials used in construction. The
				summary shall identify both representative values and the range of test
				values;
(2) A discussion of any
				notable items encountered during construction;
(3) One complete set of drawings describing
				the as-built condition of the dam. These drawings shall be submitted in both
				paper and electronic format.
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), § 173-175-250, filed 8/4/04, effective 9/4/04.
					 Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-250, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-260 - Exceptions to construction permit process

Current through Register Vol. 24-14, July 15, 2024
If the department determines that emergency or exigency
				  conditions exist at a dam and that it is in the best interests of public safety
				  to expedite the construction or modification of a dam, the department may elect
				  to temporarily suspend the normal construction permit process. To allow this
				  exception, the department will issue a written conditional construction permit,
				  which:
(1) May initially be
				oral;
(2) Will specify the
				construction activities to be allowed;
(3) May be terminated at a time deemed
				appropriate by the department;
(4)
				Shall incorporate, to the extent possible, and not inconsistent with the
				situation, all applicable requirements of this chapter.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-260, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part TWO - CONSTRUCTION PERMIT PROCES › Section 173-175-270 - Department review response time

Current through Register Vol. 24-14, July 15, 2024
In reviewing the various documents required in the
				  construction permit process, the department shall respond in a timely manner to
				  the owner or project engineer with written review comments, approval, or
				  acceptance as appropriate.
If the department response is anticipated to occur sixty days
				  or more beyond the date of receipt of the document(s), the department shall
				  notify the owner and/or project engineer in writing and advise them of the
				  expected response date.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-270, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part THREE - CONSTRUCTION PERMIT FEE › Section 173-175-350 - Authority for construction permit fees

Current through Register Vol. 24-14, July 15, 2024
It is required by
				  RCW
				  90.03.470(9) that fees be
				  collected by the department for the examination of plans and specifications.
				  The fee shall be a minimum of ten dollars or the actual cost. In addition, the
				  department is required by
				  RCW
				  43.21A.064(2) to inspect the
				  construction of all dams. It is required by
				  RCW
				  90.03.470(8) that fees be
				  collected for the actual cost to the department for inspection including the
				  expense incident thereto.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-350, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part THREE - CONSTRUCTION PERMIT FEE › Section 173-175-360 - Construction permit fees for new project construction

Current through Register Vol. 24-14, July 15, 2024
(1) Fees for the review of plans and
				specifications and for construction inspection for new project construction
				shall be the amounts shown in Table 4A through June 30, 2012, and as shown in
				Table 4B thereafter, as determined by the nearest values of dam height and
				crest length, in feet, which correspond to the project's planned dam height and
				crest length.
(2) Fees for the
				review of plans and specifications and for construction inspection for new
				dairy waste impoundments, and conservation dams, shall be one thousand eight
				hundred ninety dollars through June 30, 2012, and one thousand nine hundred
				seventy-seven dollars thereafter, provided the project meets the following
				requirements:
(a) The facility has a low
				downstream hazard classification;
(b) The maximum embankment height is less
				than fifteen feet;
(c) The facility
				conforms with a set of standard plans and specifications prepared by the
				Natural Resource Conservation Service (NRCS) and approved by the department;
				and
(d) The NRCS or its designee
				provides periodic oversight of construction to ensure that the facility
				conforms to the standard plans.
If the project fails to meet any of the above requirements,
				  the standard fees as described under subsection (1) of this section shall
				  apply.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part THREE - CONSTRUCTION PERMIT FEE › Section 173-175-380 - Maintenance

Current through Register Vol. 24-14, July 15, 2024
It will not be necessary to submit plans and specifications
				  for review for routine maintenance, normal replacement, or repair of items to
				  keep them in a serviceable condition, seasonal removal, or replacement of
				  stoplogs, or other similar minor operational activities.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-380, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part THREE - CONSTRUCTION PERMIT FEE › Section 173-175-390 - Payment of construction permit fees

Current through Register Vol. 24-14, July 15, 2024
(1) The amount of the construction permit fee
				will be determined by the department based upon procedures contained in WAC
				173-175-360 and
				173-175-370 and information
				contained in the construction plans.
(a) An
				initial payment, which may represent all or a portion of the construction
				permit fee shall be paid in conjunction with the submittal of the construction
				permit application described in WAC
				173-175-120. The amount of the
				initial payment shall be:
(i) Ten dollars for
				the removal of a dam with safety deficiencies as described in WAC
				173-175-370(3);
				or
(ii) One thousand eight hundred
				ninety dollars for construction of a new dam or modification of an existing dam
				or project through June 30, 2012, and one thousand nine hundred seventy-seven
				dollars thereafter.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part THREE - CONSTRUCTION PERMIT FEE › Section 173-175-400 - Cost of expert opinion

Current through Register Vol. 24-14, July 15, 2024
In resolving differences of opinion on engineering issues
				  between the department and project engineer or owner, it may be necessary for
				  the department to employ an expert in dam design, analysis or
				  construction.
(1) The expert who is
				chosen, the assigned tasks, and the estimated cost for the expert's services
				shall be determined by negotiation between the owner and the
				department.
(2) The cost associated
				with employing the expert shall be paid by the owner of the proposed or
				existing project.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-400, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FOUR - PROJECT OPERATIO › Section 173-175-500 - Operation and maintenance

Current through Register Vol. 24-14, July 15, 2024
(1)
				The owner shall develop and maintain a current operation and maintenance
				(O&M) manual.
The manual shall describe procedures for operation of the
				  project under normal and extreme reservoir inflow conditions and provide
				  technical guidance and procedures for monitoring, inspection, and long-term
				  maintenance. Information on the development of the O&M manual is contained
				  in the department's
Dam Safety Guidelines.
The O&M manual
				  shall include, as a minimum, the following items:
(a) Identification of the individual(s)
				responsible for implementing the plan;
(b) A project data sheet describing the
				pertinent features of the dam and reservoir, including the spillway(s), outlet
				works, and appurtenant structures and their locations at the dam
				site;
(c) The rules and procedures
				(rule curve) used to regulate reservoir levels and project operation for
				various reservoir inflows and for both normal and unusual seasonal
				conditions;
(d) A description of
				each hydraulic element used to regulate or release water, including information
				on proper operation and scheduled maintenance;
(e) A listing of the items requiring periodic
				monitoring, the frequency of monitoring and procedures for monitoring,
				measurement, and recordkeeping;
(f)
				A listing of the items requiring periodic maintenance and procedures for
				conducting and documenting maintenance and recording of problems;
(g) A listing of items to be inspected or
				test operated, the frequency and procedures for conducting the same and for
				documenting the findings.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FOUR - PROJECT OPERATIO › Section 173-175-510 - Inspection by owner

Current through Register Vol. 24-14, July 15, 2024
Owners are required to evaluate the safety of their dam(s)
				  and all appurtenant works and to make modifications, as become necessary, to
				  reasonably secure safety to life and property. To accomplish this, owners
				  are:
(1) Required to conduct annual
				surficial inspections and to maintain records of their findings, including
				records of actions taken to correct problem conditions.
The annual surficial inspections may be conducted by the
				  owner or by agent(s) designated by the owner, or by a professional
				  engineer.
(2) Owners are
				required to submit a copy of the annual inspection checklist and other
				documents which contain the findings resulting from the annual inspection
				within thirty days following the completion.
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), § 173-175-510, filed 8/4/04, effective 9/4/04.
					 Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-510, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FOUR - PROJECT OPERATIO › Section 173-175-520 - Emergency action plans

Current through Register Vol. 24-14, July 15, 2024
(1) In
				those cases where a failure of the dam could pose a threat to life (downstream
				hazard classes 1A, 1B, 1C, and 2), the owner shall develop and maintain an
				emergency action plan (EAP) acceptable to the department.
(a) The EAP shall describe procedures for
				responding to unusual or emergency situations and procedures for detecting,
				evaluating, communicating, and initiating notification or warning of
				individuals who may be at risk in downstream and upstream areas. Information on
				the development of an EAP is contained within the department's
Dam
				Safety Guidelines.
(b) It
				shall be the duty and responsibility of the owner to implement the EAP when
				conditions warrant and to follow the method and schedule contained within the
				EAP.
(c) Owners are required to
				coordinate the development of the EAP with representatives from the local
				emergency services staff, state department of community development, emergency
				management division, and appropriate local authorities.
(d) Copies of the completed EAP must be
				provided to the state emergency management division, local emergency services
				office, and to the department.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FOUR - PROJECT OPERATIO › Section 173-175-530 - Reporting of incidents

Current through Register Vol. 24-14, July 15, 2024
Owners are required to notify the department when incidents
				  occur or when problems or conditions arise which may pose a threat to life or
				  property or a threat to the integrity of the dam.
(1) The owner shall report by telephone to
				the department on any condition affecting the safety of the project or when an
				incident has occurred. The initial oral report must be made as soon as
				practicable after the condition is discovered or following any
				incident.
(2) A written report may
				be required by the department within thirty days following the discovery of the
				condition or after the incident. The report shall describe the condition
				affecting the safety of the project or the incident which has occurred and
				shall describe the preliminary plans for correcting the condition and for
				preventing the recurrence of a similar incident.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-530, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FIVE - COMPLIANCE AND ENFORCEMEN › Section 173-175-600 - Right of entry

Current through Register Vol. 24-14, July 15, 2024
The department or its duly appointed agent(s) shall have the
				  right to enter at all reasonable times in or upon property, public or private,
				  for the purpose of inspecting and investigating conditions relating to the
				  construction, operation, maintenance or performance of dams. The department
				  shall comply with the owner's reasonable rules for access to the
				  project.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-600, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FIVE - COMPLIANCE AND ENFORCEMEN › Section 173-175-610 - Emergencies

Current through Register Vol. 24-14, July 15, 2024
(1) When, in the
				opinion of the department, an emergency condition exists which poses an
				imminent threat to life, the department may take such action as necessary to
				eliminate or mitigate the hazard and potential consequences. The dam owner or
				the owner's agent(s) may be directed to take actions, and if that failing, the
				department may take control of the project and take actions, including, but not
				limited to:
(a) Altering the operation of the
				project;
(b) Lowering the reservoir
				water level;
(c) Draining the
				reservoir;
(d) Making emergency
				repairs or modifications to the project;
(e) Enlisting the services of federal, state,
				or local authorities to make emergency repairs or modifications to the
				project;
(f) Breaching the
				dam.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FIVE - COMPLIANCE AND ENFORCEMEN › Section 173-175-620 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
(1) In enforcement
				of this chapter, the department may impose such sanctions as appropriate under
				authorities vested in it, including but not limited to, the issuance of
				regulatory orders under
				RCW
				86.16.081 and
				43.27A.190 and civil penalties
				under RCW
				86.16.081 and
				90.03.600.
(2) Any dam which is found to be under
				construction or recently constructed without prior approval of the plans and
				specifications is in violation of
				RCW
				90.03.350 and will be presumed to be a public
				nuisance. The owner will not be allowed to fill the reservoir or continue to
				operate the reservoir until the structural integrity and safety of the facility
				can be demonstrated to the satisfaction of the department. In addition:
(a) Regulatory orders may be issued to
				enforce the restriction of reservoir filling and fines may be levied at one
				hundred to five thousand dollars per day;
(b) Owners are required to submit as-built
				drawings and all available documentation describing the manner in which the dam
				or portion thereof was constructed;
(c) If the structural integrity and safety of
				a dam project cannot be demonstrated or confirmed to the satisfaction of the
				department, the owner shall not commence or resume normal operation of the
				project until all outstanding issues or problems are resolved to the
				satisfaction of the department. To accomplish the above, the department may:
(i) Order the outlet works to remain fully
				open and not allow filling of the reservoir;
(ii) Restrict reservoir water levels or
				reservoir operation;
(iii) Order
				the breaching of the impounding barrier;
(iv) Take other measures as appropriate to
				reasonably assure safety to life and property.
(d) If, in the opinion of the department, the
				owner is unwilling or incapable of resolving the outstanding safety issues in a
				timely manner, the department may take action to have the dam abated as
				prescribed by law under
				RCW
				90.03.350.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part FIVE - COMPLIANCE AND ENFORCEMEN › Section 173-175-630 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department pertaining to
				  permits, regulatory orders, and related decisions made pursuant to this chapter
				  shall be subject to review by the pollution control hearings board in
				  accordance with chapter 43.21B RCW.
Statutory Authority:
					 RCW
					 43.21A.064, [43.21A.]080 and 86.16.061.
					 92-12-055 (Order 91-17), § 173-175-630, filed 6/1/92, effective
					 7/2/92.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SIX - PERIODIC INSPECTION PROGRA › Section 173-175-705 - Periodic inspection by the department

Current through Register Vol. 24-14, July 15, 2024
(1) As authorized by
				RCW
				43.21A.064, the department has the authority
				to conduct routine periodic inspections of all existing dams with high and
				significant downstream hazard classifications to reasonably secure safety to
				life and property.
Dams with high downstream hazard classifications will be
				  inspected every five years.
Dams with significant downstream hazard classifications will
				  be inspected every five years, or ten years if workload or staffing
				  necessitates a longer cycle between inspections.
Dams classified as low hazard are not included in the
				  periodic inspection program.
(a) The
				department will give at least thirty days notice of the date of the periodic
				inspection and advise the owner of any requirements such as gates or valves
				that are to be operated during the inspection.
(b) Fees shall be charged for periodic
				inspections conducted by the department. The amount of the fee and owner
				requirements for the fee payment are described in WAC
				173-175-755 through
				173-175-775.
Dam classification
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SIX - PERIODIC INSPECTION PROGRA › Section 173-175-725 - Nonroutine inspections by department

Current through Register Vol. 24-14, July 15, 2024
(1) The department may perform nonroutine
				inspections of dams with any downstream hazard classification, separate from
				the periodic inspection program. The purposes for these inspections include,
				but are not limited to, the following:
(a)
				Determining downstream hazard classification;
(b) Condition inspections during or
				immediately after emergencies such as floods or earthquakes;
(c) When problems or conditions arise that
				may pose a threat to the integrity of the dam;
(d) Obtaining routine monitoring data and
				information;
(e) Surficial
				inspections of low hazard dams.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SIX - PERIODIC INSPECTION PROGRA › Section 173-175-735 - Inspection at public request

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department may inspect a dam if a complaint from the public is received
				that states that a dam:
(a) Impounds ten or
				more acre-feet of water at the dam crest level; and
(b) Is endangering public safety or property,
				or has been constructed without prior department approval.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SEVEN - PERIODIC INSPECTION FEE › Section 173-175-755 - Periodic inspection fees

Current through Register Vol. 24-14, July 15, 2024
The department is required by
				  RCW
				  90.03.470(8) to collect in
				  advance a fee based on the actual cost, including the expense incident thereto,
				  of the inspection of any dam to insure safety to life and property. Fee amounts
				  contained in this section represent the department's true estimate of the cost
				  of performing periodic dam safety inspections as described in WAC
				  173-175-705, and reflect the
				  department's commitment to fully recover all eligible
				  expenses.
Statutory Authority:
					 Chapters
					 43.21A and
					 90.03 RCW. 05-18-039 (Order 05-11),
					 § 173-175-755, filed 8/31/05, effective 10/1/05. 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), § 173-175-755, filed 8/4/04, effective
					 9/4/04.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SEVEN - PERIODIC INSPECTION FEE › Section 173-175-765 - Periodic inspection fee schedule

Current through Register Vol. 24-14, July 15, 2024
(1) The inspection fee amounts are based on
				the downstream hazard classification of the dam, as determined by the
				department. The inspection fees for each five-year inspection are prorated on
				an annual basis. The cost for a periodic inspection by the department starting
				July 1, 2012, will be as follows:
(a) For
				dams with high downstream hazard classifications the fee is six thousand forty
				dollars, with a prorated annual fee of one thousand two hundred eighty dollars
				for a five-year inspection cycle.
(b) For dams with significant downstream
				hazard classifications the fee is four thousand four hundred five dollars, with
				a prorated annual fee of eight hundred eighty-one dollars if a five-year
				inspection cycle is implemented, or four hundred forty dollars and fifty cents
				if a ten-year inspection cycle is implemented.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SEVEN - PERIODIC INSPECTION FEE › Section 173-175-775 - Periodic inspection fee computation

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall charge inspection
				fees based on the fee schedule contained in WAC
				173-175-765. After July 1st of
				each year, the department shall publish the adjusted fees by providing notice
				on its internet site, and by providing written notification by mail or
				electronic mail to owners of high and significant hazard dams. The inspection
				fees must be received by the department within forty-five days after the
				department mails a billing statement.
(2) Inspection fee computation. Computation
				of fees shall begin on the first day of each fiscal year. In the case of new
				dams not previously covered by the inspection program, fee computation begins
				on the first day of each fiscal year following completion of
				construction.
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), § 173-175-775, filed 8/4/04, effective
					 9/4/04.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-175 - Dam safety › Part SEVEN - PERIODIC INSPECTION FEE › Section 173-175-785 - Periodic inspection fee payments

Current through Register Vol. 24-14, July 15, 2024
(1) The applicable inspection fee shall be
				paid by check or money order payable to the department of ecology and mailed to
				the following address:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia, Washington 98504-7611.
(2) In the event a check is returned due to
				insufficient funds, the department shall consider the inspection fee to be
				unpaid.
(3)
Delinquent
				accounts.
Dam owners are considered delinquent in the payment of fees if
				the fees are not received by the first invoice billing due date. Delinquent
				accounts will be processed in the following manner:
(a) Municipal and government entities shall
				be notified by certified mail that they have one hundred eighty days to bring
				the delinquent account up-to-date. Regulatory orders may be issued to enforce a
				restriction of reservoir filling until all delinquent fees are paid on accounts
				that remain delinquent after ninety days.
(b) Nonmunicipal or nongovernment dam owners
				shall be notified by the department by certified mail that they have one
				hundred eighty days to bring the delinquent account up-to-date. Accounts that
				remain delinquent after one hundred eighty days may be turned over for
				collection. In addition, a surcharge totaling twenty percent of the delinquent
				amount owed will also be added. The surcharge is to recover the costs for
				collection. If the collection agency fails to recover the delinquent fees after
				twelve months, the department may issue regulatory orders to enforce
				restriction of reservoir filling until all delinquent fees are paid.