KRS 151.293: Inspection reports -- Requirement -- Time periods -- Modification --

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 determi ning 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 cabi net, 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 subs tantial 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 e ngineer licensed by the Commonwealth and experienced in the

design and construction of dams, as determined by the cabinet.