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151.293 Certificates of inspection.
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Within sixty (60) days of completion of an on-site inspection of an existing dam,
the cabinet may either grant a certificate of inspection, or deny the certificate of
inspection and notify the owner in writing, stating the reasons for denial.
In deciding whether or not a certificate of inspection should be issued, the
cabinet shall take into account all pertinent facts and conditions, but shall not
issue a certificate unless the following conditions have been met:
(a) The proposed action in the judgment of the cabinet will be conducted in
such a way that the safety of the public is adequately provided for;
(b) All information requested by the cabinet has been provided; and
(c) The changed flow of the stream or level of the reservoir will not
significantly interfere with a beneficial use by other water users.
In granting a certificate of inspection, 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.
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.
The cabinet may utilize the results and information provided by or for the
United States Army Corps of Engineers pursuant to the provisions of Public
Law 92-367 if the information is not more than one (1) year old at the time of
use.
Certificates of inspection shall be for a definite period of time, not to exceed
five (5) years, as determined by the cabinet and stated on the certificate. 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.
The cabinet may modify a certificate of inspection or the conditions attached to
it. Such modification shall become effective ninety (90) days following issuance
by the cabinet of a revised certificate, 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.
Specific guidelines for issuance and renewal of certificate of inspection 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
United States Weather Service 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
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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;
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;
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;
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;
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 and the cabinet's preliminary decision on it reviewed by
an unbiased, three (3) person panel of qualified experts to be named by
the Environmental Quality Commission in consultation with the Kentucky
Water Research Institute. The panel shall make nonbinding
recommendations to the cabinet with regard to these matters. After
reviewing the recommendations, the cabinet will make a final
determination on the variance. If not satisfied by the finding of the panel
or the determination of the cabinet, the party may seek administrative
remedy from the cabinet under the provisions of KRS 151.182;
Items of general maintenance of a dam 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;
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.
(9) 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.
(10) 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.
Effective:July 15, 1988
History: Amended 1988 Ky. Acts ch. 405, sec. 2, effective July 15, 1988. -Amended 1978 Ky. Acts ch. 206, sec. 1, effective June 17, 1978. -- Created
1974 Ky. Acts ch. 285, sec. 8.
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