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Art Christian, P.E.
Supervising Civil Engineer CT DEEP Office of Dam Safety
Connecticut’s Dam Safety Program “Safer Dams” Initiative
& House Bill 6441
Connecticut Department of Energy and Environmental Protection
Connecticut Department of Energy and Environmental Protection
Connecticut’s Dam Safety Program “Safer Dams” Initiative
June 20, 2013 Art Christian Environmental Business Council, New England, Inc. Connecticut Chapter
Connecticut's Dam Safety Program
Two programmatic areas: – Statewide dam safety regulatory
program (IWRD) • 3086 regulated dams
– Oversight of state-owned dams (IWRD and Support Services Division) • 265 state-owned dams
Connecticut Department of Energy and Environmental Protection
The Importance of Dam Safety
By Definition, a Disaster is Any Event That Causes Great Harm or Damage, Serious or Sudden Misfortune. Dam Failures Clearly Fit This Definition. Because of the Sudden and Unexpected Manner in Which Dam Failures can Occur, they are Potentially as Destructive as Earthquakes, Hurricanes and Tornadoes.
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
What is a dam?
• A “dam” is any barrier of any kind whatsoever which is capable of impounding or controlling
the flow of water… (RCSA 22A-409-1 (a) )
– Estimated >5,500 dams in CT
Purpose of Dams
• Recreation
• Flood Control
• Water Supply
• Industrial
• Hydroelectric
• Irrigation
• Agricultural
Connecticut Department of Energy and Environmental Protection
Recreation
Connecticut Department of Energy and Environmental Protection
Flood Control
Connecticut Department of Energy and Environmental Protection
Water Supply
Connecticut Department of Energy and Environmental Protection
Industrial
Connecticut Department of Energy and Environmental Protection
Hydroelectric
Connecticut Department of Energy and Environmental Protection
Irrigation
Connecticut Department of Energy and Environmental Protection
Agricultural
Regulated Dams
• A “regulated dam” is any dam which by breaking away or otherwise might endanger
persons or property. (CGS 22a-401)
– DEEP regulates over 3,086 dams
– 72% are privately owned
– State of CT is largest single owner with 265 dams
– DEEP owns and maintains 239 of these dams
Existing Statutes and Regulations
CGS 22a-401 through 22a-411
– DEEP Regulation of Dams, Major Provisions
• Permits for Construction, Alteration or Removal
• Authority to Issue Orders for Repair of Unsafe Dams
• Dam Registration and Inspection Programs
RSCA 22a-409-1 through 22a-409-2
– Establishes:
• Dam Hazard Classes
• Inspection Frequency
• Inspection Criteria
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
Dam Safety Regulatory Program
• A functional state dam safety regulatory program undertakes five critical services:
1. maintaining an up-to date inventory of all dams; 2. periodic inspection of regulated dams; 3. implementation of the permitting and enforcement program elements, including outreach and technical assistance to dam owners; 4. emergency operation planning and response; 5. public awareness outreach.
Dam Inventory
Regulated Dams by Hazard Class
• Hazard Classification:
538 High and Significant
hazard dams in CT
Dam Count by Hazard Class (Inventoried/registered dams only)
Dam Hazard Classification Number of Dams Percentage
C - High Hazard 261 6%
B - Significant Hazard 277 6%
BB - Moderate Hazard 717 15%
A - Low Hazard 1788 39%
AA - Negligible Hazard 1496 32%
Negligible hazard dams are
inventoried but unregulated.
3,043 regulated dams
Connecticut Department of Energy and Environmental Protection
• Assess Condition of the Dam
• Develop recommendations for required improvements
• Identify Potential Hazard
• Detect Changes in the Dam Over Time
Purpose of Inspection
Connecticut Department of Energy and Environmental Protection
• Assures Safety and Long Life of the Dam
• Essential to Periodically Assess the Need for Performing Dam Repairs
• Compare Present Conditions with Previous Report for Detecting any Changes
• Owner Becomes Familiar with Structure
• Quick Corrective Actions can Prevent Costly Future Repairs
Importance of Regular Inspections
Dam Safety Inspections
Dam Hazard Classification
Number of
Dams
Regulatory
Inspection
Frequency
Number of Dam
Inspections per
Year
C - High Hazard 261 2 131
B - Significant Hazard 277 5 55
BB - Moderate Hazard 717 7 102
A - Low Hazard 1788 10 179
TOTAL 3043 467
Dam Safety Inspections
0
50
100
150
200
250
300
350
400
450
500
2010 2011 2012
Nu
mb
er
of
Insp
ect
ion
s
Year
Regulatory Inspection Goals
Other Inspections
Regulatory Inspections
467
Responsibility and Liability Owners are Legally Responsible for O&M Owners are Legally Responsible for Property Damage Caused By Their Dam If it Were to Fail Pursuant to RSCA 22a-409-2(j) Dam Owners Must:
– Inspect Dam to Assure no Unsafe Conditions Exist
– Notify DEEP of Any Major Changes – Maintain Structure Free of Brush/Trees – Recordkeeping of All Inspections and
Maintenance Activities
Inundation Zones & EOP’s
• Public safety is greatly enhanced by having up-to-date Emergency Operation Plans (EOP) in place and available for local and state emergency response personnel and dam safety officials, yet there is currently no state law requiring dam owners of high or significant potential hazard dams to prepare and maintain an EOP.
ASDSO (Association of State Dam Safety Officials) recommends that states require an EOP for each high and significant hazard dam.
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
High and Significant Hazard Dams with EAPs
• 219 out of 261 “C” hazard dams have EAP’s
• 121 out of 277 “B” hazard dams have EAP’s
• Further question: Has the EAP been updated within the last 2 years?, 5 years?
• Does the Emergency Manager in the Municipality have a copy of the plan?
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
Safer Dams Initiatives
• Legislative Initiatives
• ASDSO Peer Review
• Dam Removal and Sediment Issues
• Dam Safety LEAN event and General Permit changes
• DamWatch
• Increased Funding for State-owned dam repair
Legislative Initiatives
•Revisions to CGS 22a-409(c): (new)
• Create an affirmative responsibility for dam owners to make regularly scheduled inspections using professional engineers at a frequency determined by the Commissioner pursuant to regulation
“Owner-responsible inspections”
Legislative Initiatives, cont.
•Revisions to CGS 22a-404 (strengthened):
• Establishes requirement that a licensed professional engineer shall certify that all work on a dam has been performed in accordance with approved plans and specifications pursuant to permit or order issued by Commissioner
Legislative Initiatives, cont.
•Revisions to CGS 22a-409(b), (revised):
• Require all dams regardless of when constructed to be registered
• Notify CT DEEP upon transfer or sale
• Establish registration and transfer fees by regulation
Legislative Initiatives, cont.
•CGS 22a-412 (New):
• Establish a requirement for dam owners to develop Emergency Action Plans for high and significant hazard dams and update plans every 2 years
• Requires DEEP to develop regulations for establishing content and key criteria of the Action Plan
Legislative Initiatives, cont. •CGS 22a-411 (Revised):
• Modifies the provisions of the General Permit portion of the statute to allow for quicker turn around times. This modification of the statute will potentially allow us to generate non-filing and filing only categories for future general permits.
Legislative Initiatives, cont. •CGS 22a-403 (Revised):
• Adds provision to the permitting portion of the statute that exempts dam owners from the requirement for a tidal Wetlands and a Structures- Dredging permit when the applicant receives a dam construction Permit.
• Also exempts from permit requirements the need for a Flood management certification pursuant to 25-68d of the CGS, when a dam construction permit is acquired.
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
ASDSO Peer Review
• Representatives from the Association of State Dam Safety Officials (ASDSO) came to perform a PEER review of our dam safety program on January 15th , 16th, and 17th.
• Peer Review consisted of review of statutes, regulations and files, evaluation of database and electronic information availability, and staff interviews.
• During this process we compared our program with that of other states and the national model program and discussed possibilities for making future program enhancements.
Peer Review Goals
• Compare CT’s Dam Safety Program to National Model Program
– Strengths
– Weaknesses
• Suggestions to improve program
– One year goals
– Three year goals
– Long term goals
Peer Report, Program Strengths:
•Professional, competent and dedicated staff and management
•Robust dam safety database
•GIS component of program provides excellent data and mapping source
•Organized office environment, files/records
•Good relations with and access to outside technical expertise as necessary
Peer Review Suggestions
• Develop a proactive owner outreach program.
• Have the Supervising Civil Engineer sign inspection reports.
• Update the dam safety component of website.
• Develop SOP’s to provide continuity of process between current and future staff.
Peer Review Suggestions
• Develop a program within the department that provides for a means to remove dams, either completely or partially to effectively reduce the hazard posed by the dam, while minimizing the hazards presented by the accumulated sediments.
Connecticut Department of Energy and Environmental Protection Connecticut Department of Energy and Environmental Protection
Dam Removal and Sediment
DEEP is in the process of writing regulations that when completed will handle the problems related with disposal of pond bottom sediments associated with dam removals.
– Making allowances to keep sediments on site.
– Formalizing testing standards to determine the quality of river sediments.
Dam Removal
AFTER BEFORE
Dam Safety LEAN Event Permit Streamlining
Increase up front fisheries and NDDB contact
Develop Pre-App meeting guidance document
Increase functionality of Pre-App meetings
• Develop an application guidance document
Propose statute change to remove waiting period on Dam Safety General Permits
New General Permit Recent Legislation will allow DEEP Dam Safety to
modify the waiting period on General Permits In this way we will have the opportunity to:
• Develop some “permit by rule” categories
• Develop categories for “filing only” G.P.’s
• Develop categories for several levels of submission requirements and therefore review requirements.
Input required from Stakeholders
•General Permit guidelines and criteria:
•Inspection regulations:
•Emergency Action Plan regulations, including guidelines and criteria:
• Guidelines and criteria for PE Inspection requirements during construction:
Connecticut Department of Energy and Environmental Protection
Questions? Art Christian CT DEEP Dam Safety [email protected] 860-424-3880
Connecticut Department of Energy and Environmental Protection
Additional Guidance
http://precip.eas.cornell.edu/
Connecticut Department of Energy and Environmental Protection