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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’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


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


Recreation


Flood Control


Water Supply


Industrial


Hydroelectric


Irrigation


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


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


• Assess Condition of the Dam

• Develop recommendations for required improvements

• Identify Potential Hazard

• Detect Changes in the Dam Over Time

Purpose of Inspection


• 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.


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?


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


•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


•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.


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.


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:


Questions? Art Christian CT DEEP Dam Safety [email protected] 860-424-3880

mailto:[email protected]


Additional Guidance

http://precip.eas.cornell.edu/

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