151.293 Inspection reports -- Requirement -- Time periods -- Modification --
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/ky/151-293A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Administrative regulations.
(1)Within sixty
(60)days of completion of an on-site inspection of an existing dam,
the cabinet shall prepare an inspection report and notify the owner in writing.
(2)The cabinet may impose such conditions relating to the inspection, operation,
maintenance, alteration, repair, use, or control of a dam or reservoir as it determines
are necessary for the protection of public health, safety, or welfare.
(3)The cabinet may establish hazard categories for dams based on downstream
floodplain use, size, or type of dam, or other criteria, and may impose different
conditions or types of conditions on the approval of dams or reservoirs in the
different categories. The hazard categories in all cases shall be based only on the
actual risk imposed by the dam.
(4)The cabinet may utilize the results and information provided by or for the United
States Army Corps of Engineers pursuant to the provisions of Pub. L. No. 92-367 if
the information is not more than one
(1)year old at the time of use.
(5)Inspection reports shall be for a definite period of time, not to exceed five
(5)years,
as determined by the cabinet and stated on the inspection report. In determining the
period of inspection, the cabinet may take account of any circumstances pertinent to
the situation, including, but not limited to, the size and type of dam, topography,
geology, soil conditions, hydrology, climate, use of the reservoir, the lands lying in
the floodplain downstream from the dam, and the hazard category of the dam.
(6)The cabinet may modify an inspection report or the conditions attached to it. Such
modification shall become effective ninety
(90)days following issuance by the
cabinet of a revised inspection report, except when the cabinet finds that a state of
emergency exists and that life or property would be endangered by delay. In case of
an emergency declared by the cabinet, the new conditions shall be effective
immediately.
(7)Specific guidelines for issuance and renewal of an inspection report for earth
embankment dams shall be provided by administrative regulations which shall
address at least the following areas:
(a)The hydraulic capacity requirements for each category of dam shall be
provided. The probable maximum precipitation as determined by the National
Oceanic and Atmospheric Administration or another scientific evidence-based
means shall be used only where it can be clearly demonstrated that failure of
the dam by overtopping would result in greater loss of life than would occur if
the dam did not exist and only for small watersheds, since such large rainfall
events are not expected to occur over large areas. The cabinet shall provide a
table of factors that reduce this rainfall appropriately for larger watersheds;
(b)Minimum criteria for the embankment stability of the dam, including
consideration of such factors as steepness of slopes, strength of materials, and
earthquake loadings shall be specified;
(c)Variance procedures for applicable hydraulic and stability considerations shall
be included for, but not limited to, variances to hydraulic criteria where only a
small number of persons are at risk and where a reliable, effective emergency
preparedness system will be installed; where a risk analysis demonstrates that
at rainfall levels less than that specified in the administrative regulation there
is no risk that actually results from the dam; where an owner can demonstrate
that the dam substantially conforms to the criteria in the administrative
regulation; and, for dams that pose a risk of economic damages only, where
the owner provides indemnification against potential damages;
(d)Before any variance is issued, the affected public shall be notified of the
cabinet's intended action and allowed to make known any objections or
concerns that it might have;
(e)Whenever the owner of a dam has requested a variance and the request has
not been granted or has not been granted in the manner requested, the owner
or aggrieved party may petition the cabinet to have the variance request
reviewed and a final determination made by the cabinet. If not satisfied by the
final determination of the cabinet, the party may seek administrative remedy
from the cabinet under the provisions of KRS 151.182;
(f)Items of general maintenance of a dam and all its appurtenances shall include
provisions for at least the following: dams shall be mowed regularly; dams
shall be free of trees and brush; animal burrows shall not be allowed on dams;
slides, erosion and cracks that could pose problems to dams shall be properly
repaired; action shall be taken to alleviate excessive wetness and abnormal
seepage; appurtenances that are necessary for the proper operation and
maintenance of the dam shall be kept in proper working condition;
(g)Provisions shall be made whereby the cabinet will allow for staged renovation
of dams that do not meet the criteria of the administrative regulations and
shall clearly identify the circumstances under which staging is allowable and
set a maximum time limit that may be allowed for bringing the dam into
compliance. Other provisions shall require the owner to develop and maintain
an emergency action plan, to provide interim insurance, bonding or other
indemnification, and on a frequent basis as specified by the cabinet, to inspect
the dam and report to the cabinet the status of any facilities or conditions of
concern; and
(h)If the cabinet has previously required a dam to be upgraded to meet a certain
dam safety standard, it shall not require that the dam be upgraded again
because of a change in the administrative regulation with regard to that same
standard. However, if the owner proposes substantial construction on the dam
or if the dam must be repaired due to indications of distress or to partial
failure, the cabinet may require the owner to bring the dam into full
compliance with current standards.
(8)The cabinet shall establish guidelines on a case-by-case basis for gravity dams and
other types of dams that are unusual to the Commonwealth, and shall follow
recognized engineering practice.
(9)Plans and specifications submitted to the cabinet shall be the responsibility of and
signed by an engineer licensed by the Commonwealth and experienced in the
design and construction of dams, as determined by the cabinet.