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DR1101-SY130326w NEWS TCEG UUMENEIRM • Rules, Policy _ &_Legislation • Permits, Licenses _& Registrations • Compliance, Enforcement & Cleanups • Drinking Water & Water Availability • Reporting • Environmental Quality • Assistance, Education & Participation • Pollution Prevention & Recycling • Contracts, Funding & Fees • TCEQ-Home About TCEQ Contact Us Have you had contact with the TCEQ lately? Complete our Customer Satisfaction Survey. T F49 (A RS Pa,S� R Q,�h�l�►I,►,o� U �� 5 V � 00 "tL � Drinking Water and Water Availability Dam SafetyProgram SITE SEARCH: please enter search pt SUBJECT INDEX > Air > Water > > Search TCEQ Data > Agency-OOr anizatio >> Questions or( FOD @tceq.sta The Dam Safety Program monitors and regulates both private and public dams Texas. The program periodically inspects dams that pose a high or significant h and makes recommendations and reports to dam owners to help them maintair facilities. This page links to Texas regulations on dams, manuals on dam safety, and forn by the program. Some files linked from this page are in Portable Document Fori (PDF). (Help with PDF.) iC" q Regulations Texas-Administrative Code-Title 30, Part -1, Chapter 299_ Dams and Reservoirs Manuals Guidelines for the Operation and Maintenance of Dams in Texas Dam Removal Guidelines Hydrologic and Hydraulic Guidelines for Dams in Texas Forms 20344 — Information Sheet: Existing Dam (PDF) (DOC) 20345 — Information Sheet: Proposed New Construction, Modification, Repair, Alteration, or Removal of a Dam (PDF) (DOC) 20346 — Hydrologic and Hydraulic (H &H) Evaluation Summary (PDF) (DOC) 20347 — Engineer's Notification of Completion (PDF) (DOC) 20361 —Dam Inspection Form (_PDF) (DOC) 20366— Reporting Suspicious Dam Incidents (PDF) (DOC) Meeting Minutes Rules Stakeholder Meeting Minutes(PDF) For further information or assistance, contact the Dam Safety Program at 512 0400. Texas TEXAS DAM SAFETY LAWS AND REGULATIONS 2007 Citation The Texas dam safety program derives its primary authority from 12.052 of the Texas Water Code (TWC). Regulations are established by the Texas Commission on Environmental Quality and are contained in 30 Texas Administrative Code JAC), Chapter 299, last amended in 1986. History The Texas Dam Safety Program began in the 1920's and 1930's with board members of the Board of Water Engineers making construction inspections. The modern program began in 1968 with the first inspections of existing dams being done in September 1969. In 1977, Phase I of the National Dam Safety Program was funded (PL92 -367), which led to significant changes in standards used in the evaluations of dams and eventually to the first comprehensive dam safety rules in 1986. The federal program ended in 1981. In 1998, the Executive Director's Task Force on Dam Safety published its final report. The task force consisted of 26 stakeholders representing a wide cross section of interests. Numerous recommendations were made, including one for updating the rules. The Texas House Natural Resources Subcommittee on Dam Safety confirmed the task force report in November of 1998. In 2003, the Association of State Dam Safety Officials, at the request of the agency, performed a peer review of the Dam Safety Program. The report recommended that new rules be developed and the program be revitalized. A program of revitalizing the Texas Dam Safety Program was initiated after a large flood event in July 2002 that resulted in evacuations below a dam together with the 2003 Peer Review. Definitions A dam is "any barrier, including one for flood detention, designed to impound liquid volumes and which has a height of dam greater than six feet. This does not include highway, railroad or other roadway embankments, including low water crossing that may temporarily detain floodwater, levees designed to prevent inundation by floodwater, closed dikes designed to temporarily impound liquids in the event of emergencies, or off - channel impoundments authorized by the commission in accordance with Texas Water Code, Chapter 26, or the Texas Solid Waste Disposal Act, Texas Civil Statutes Article 4477 -7. (Regulations section 299.1). Height of dam is "the vertical distance from the effective crest of the dam to the lowest elevation on the centerline or downstream toe of the dam including the natural stream channel. (Regulations section 299.1). Texas Dam Classification Dams are classified by size and hazard potential: Size Classification: Y1 2 L- C'k-C (> � 5 AF L Category Storage (ac -ft) Height (ft) Small less than 1000 less than 40 Intermediate 1000 - 49,999 40 -99 '/4 PMF Large 50,000+ 100+ Large Hazard Classification: Significant (No. 2) Category Loss of Life Economic Loss Low None Expected Minimal Significant Possible, but not expected Appreciable High Expected Excessive Design Criteria Hydrologic Criteria For Dams Classification Hazard Size Minimum Flood Hydrograph Low (No. 3) Small '/4 PMF Intermediate '/4 PMF to'h PMF Large PMF Significant (No. 2) Small '/4 PMF to' /2 PMF Intermediate % PMF to PMF Large PMF High (No. 1) Small PMF Intermediate PMF Large PMF NOTE: The flood hydrograph in this table is the minimum required flood for a given project, i.e., the project will be required to safely pass this hydrograph. Where a range is given, the minimum flood hydrograph will be determined by straight line interpolation within the given range. Interpolation shall be based on either hydraulic height or impoundment size, whichever is greater. The minimum flood hydrograph is computed as a percentage of the PMF hydrograph. Seismic: There are no seismic design criteria in the rules. Other: There are no other design criteria. Texas Jurisdiction /Powers of Department The entity with responsibility is the Texas Commission on Environmental Quality (the "Commission ") per 12.052 of the Texas Water Code. Also under the Texas Water Code, the commission has the statutory authority to condemn unsafe works, the executive director has the power to inspect construction projects, and commission employees have the power to enter a person's land for the purpose of making an investigation. (See Code Sections 12.015, 12.016, and 12.017). The commission is empowered to make rules by the Texas Water Code Section 12.052. Regulations section 299.22 grants the commission the power to review and approve plans for construction, enlargement, alteration, repair or removal of dams. (Approval takes the form of a letter, not a permit). The executive director may make inspections during construction (section 299.26) and site non - compliance at any time (section 299.28). The executive director may call for remedial work if necessary and invoke judicial action to enforce compliance (section 299.28). The executive director may issue emergency orders if necessary (section 299.61) and call for the removal of the dam (section 299.51). Permit/Approval Process Construction of a dam or the enlargement, repair, or alteration of an existing dam requiring commission authorization shall not be commenced prior to the executive director's written approval of final construction plans and specifications (Regulations section 299.22). A licensed professional engineer registered in Texas must prepare all plans and specifications (Regulations section 299.4). There are no fees for reviewing plans and specifications. Fees Fees associated with obtaining a permit to construct a dam and using water from a reservoir include a use fee ($1 per acre -foot for non - irrigation uses) and a storage fee (50 cents per acre -foot of storage). Minimum spillway design criteria are required and are found in section 299.14 of the regulations. The owner pays for remedial work (Regulations section 299.28). Inspection Process Although not expressly stated in the statutes, regulations sections 299.15(a) and (c) imply that existing dams are evaluated and that these evaluations include visual inspections. Dam owners are responsible for the continuous maintenance of records insuring compliance with the approved plans and specifications during construction. Copies of these records are to be furnished to the executive director at monthly intervals during the construction period (Regulations section 229.24). Inspection of construction work is to be conducted by a registered professional engineer experienced in the construction of dams and responsible directly to the owner (section 299.26). The executive director may make periodic inspections for the purpose of ascertaining compliance with approved plans and specifications. No fees for inspection are charged by the state. The executive director shall require the owner, at his expense, to perform the work or tests necessary and to disclose information sufficient to enable the executive director to determine that conformity with the approved plans and specifications is accomplished (section 229.26). Texas Frequency of Inspections Hazard Classification Inspection Cycle High No frequency required Significant No frequency required Low No frequency required Owner Non- Compliance/Violations /Penalties Existing dams are covered under sections 299.2 and 299.51 of the regulations and under TWC Section 12.052(d). If at any time during construction, enlargement, repair, or alteration of any dam or reservoir the executive director finds that the work is not being done in accordance with approved plans and specifications or in accordance with approved revised plans and specifications, he shall give written notice thereof and direct compliance by certified mail to the owner. If the owner fails to comply with the directive, the executive director may take appropriate action to assure compliance. Failure to comply with approved plans and specifications will be grounds for revocation of the permit and /or civil penalty as provided by law. The commission may order the structure removed to eliminate any safety hazard to life and property (299.28). An owner who willfully fails or refuses to take appropriate action is liable for a penalty of not more than $5,000 a day for each day the violation continues (TWC 12.052(c). Emergencies Emergency orders may be issued, without notice to the owner, directing the owner of a dam to take immediate and appropriate action to remedy situations posing serious threat to human life, health and /or property (299.61). The regulations do not indicate that the state has the power to take over a dam in the event of an emergency. As required by emergency management planning, the executive director may request, and /or the commission may order a dam owner to provide sufficient data to plan for potential effects of failure or malfunction of a dam and /or associated appurtenant facilities (299.17). Liability Nothing in the rules or orders made by the commission shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations or liabilities incident to ownership or operation (299.3). Oversight Under Section 5.102 of the Texas Water Code, the commission has the power to hold hearings and to make findings of fact and decisions. Judicial review of commission acts is provided for in TWC Section 5.351, and judicial remedy for inaction of the commission is found in TWC section 5.352. Texas Miscellaneous Written approval of the executive director is required for exception from any or all of the regulations. The executive director may grant exception if he determines that the physical conditions involved, when evaluated using standard engineering procedures and techniques, render the requirements unnecessary (See Regulations section 299.5). Additionally, section 299.18 of the regulations allows for the request for a variance from hydrologic criteria in the matter of dam design. Additional Publications: • Texas Commission on Environmental Quality, Guidelines for Operation and Maintenance of Dams in Texas (dam safety manual) • Texas Commission on Environmental Quality, Dam Removal Guidelines • Texas Commission on Environmental Quality, Hydrologic and Hydraulic Guidelines for Dams in Texas • Final Report: Executive Director's Task Force on Dam Safety • Inventory of Dams in Texas Texas Statutes, Rules, and Publications: http: / /www.tceg.state.tx.us /compliance /field ops /dam safety /damsafetyprog.html pff XEO Texas Commission on Environmental Quality Dam Inspection Form Dam Name: Inventory No: Name of Inspector /s: Name of Contact /s: Date of Inspection: Start Time: End Time: Weather: Crest level (at center) above water: Service spillway level ❑ Above or Emergency spillway level above water: Ground Moisture Condition: ❑ Dry ❑ Below water: ❑ Damp ❑ Wet ❑ Snow ❑ Other: Crest of Embankment General Condition: ❑ Good ❑ Fair ❑ Poor Width: Problems Noted: ❑ None ❑ Rutting J Erosion LJ Poor Drainage Height: • Trees ❑ Depressions ❑ Bulges ❑ Livestock Damage ❑ Cracks Length: • Misalignment of Crest ❑ Misalignment of Utility Poles Misalignment of Fences or Rails • Breached ❑ Other: Comments: ❑ Sinkhole ❑ Burrows Upstream Embankment General Condition: ❑ Good ❑ Fair ❑ Poor Slope: Problems Noted: ❑ None ❑ Rip -Rap ❑ Erosion ❑ Too Steep ❑ Burrows ❑ Trees ❑ Cattails ❑ Bulges ❑ Livestock Damage ❑ Slides ❑ Concrete Decay ❑ Cracks ❑ Sinkhole ❑ Benching J Misalignment of Rip -rap ❑ Open Joints in Concrete Comments: ❑ Depressions Downstream Embankment General Condition: J Good ❑ Fair J Poor Slope: Problems Noted: J None ❑ Sloughing ❑ Erosion J Too Steep ❑ Burrows ❑ Trees J Cattails J Depressions J Bulges J I..ivestock Damage J Slides ❑ Concrete Decay J Cracks ❑ Sinkhole J Other: Comments: Seepage on Downstream Slope Amount ❑ Major Problems Noted: ❑ None ❑ Saturation Starts at ❑ Cattails at Toe of Dam ❑ Surface Water at Toe of Dam ❑ Sporadic Flow Comments: T(TIQ -20361 (2/07) ❑ Moderate ❑ Minor ❑ None Found % up Embankment ❑ Presence of Sediment in Flow ❑ Seepage Associated with Sloughing ❑ Continuous Flow Downstream Hazard Conditions ❑ Narrow Canyon ❑ Wide Canyon ❑ Lightly Sloping Prairie ❑ Pastureland ❑ Large Trees and Forest ❑ Brushy and Scrubby Forest ❑ No Homes ❑ Lightly Populated ❑ Moderately Populated ❑ Densely Populated ❑ Industrial ❑ Businesses Estimated number of homes: Comments: Service Inlet Structure Problems Noted: ❑ None ❑ Reinforcement Corrosion ❑ Other: Comments: General Condition: ❑ Good ❑ Fair ❑ Poor Li Blockage ❑ Not Located ❑ Steel Corrosion ❑ Concrete Spatting ❑ Concrete Cracking ❑ Missing Parts ❑ Timber Decay ❑ Leakage Below Water Level ❑ Inoperable Valve Service Outlet Structure General Condition: LJ Good ❑ Fair ❑ Poor Problems Noted: ❑ None ❑ Blockage ❑ Not Located ❑ Corrosion of Conduit ❑ Presence of Sediment in Flow ❑ Inaccessible ❑ Concrete Cracking ❑ Concrete S P ailing ❑ Reinforcement Corrosion ❑ Misalignment of Walls /Slabs ❑ Open Joints Cotnments: Service Spillway Condition: ❑ Good ❑ Fair ❑ Poor Depth: Width: Problems Noted: ❑ None ❑ Blockage ❑ Not Located ❑ Trees ❑ Burrows ❑ Back- Cutting Erosion ❑ Inaccessible ❑ Livestock Damage ❑ Concrete Cracking ❑ Concrete Spatting ❑ Reinforcement Corrosion ❑ Damaged Water -stops ❑ Open Joints ❑ Sinkholes ❑ Holes in Spillway Chute ❑ Seepage ❑ Misalignment of Walls /Slabs ❑ Damaged Gates LJ Nonfunctional Gates ❑ Lubricarion of Gates ❑ Testing of Gares Comments: Emergency Spillway Condition: ❑ Good ❑ Fair ❑ Poor Depth: Width: Problems Noted: ❑ None ❑ Blockage ❑ Not Located ❑ Trees ❑ Burrows ❑ Back - Cutting Erosion ❑ Inaccessible ❑ L.ivestock Damage ❑ Concrete Cracking ❑ Concrete Spatting ❑ Reinforcement Corrosion ❑ Damaged Water -stops ❑ Open Joints ❑ Sinkholes ❑ Holes in Spillway Chute ❑ Seepage ❑ Misalignment of Walls /Slabs ❑ Damaged Gates ❑ Nonfunctional Gates ❑ Lubrication of Gates ❑ Testing of Gates Comments: Other Items ❑ Major road along crest of dam ❑ Private road or driveway along crest of dam ❑ Vehicle bridge along crest of dam ❑ Culverts built into crest of dam ❑ Pipeline immediately downstream from dam -'Type of pipeline: ❑ Water supply line in crest of dam ❑ Other: ........................ _.______— _._._._..._..._.. -__ Comments: TCEQ -20361 (2/07) 2 Repair Items Ranked by Priority Item 1: Item 2: Item 3: Item 4: Security Issues ❑ Vehicle Accessible ❑ Vehicle Gates ❑ Vehicle Fences and Railing ❑ Pedestrian Accessible ❑ Pedestrian Gates and Fences ❑ Obscured from Surveillance ❑ Locks ❑ Breaches in Fence ❑ Evidence of Parties ❑ Graffiti ❑ Security System Comments: Operational Procedures ❑ SOP Available Location Kept: ❑ Logbook Location of Logbook: ❑ Major Events Noted ❑ Staff Training Topics of Training: ❑ Manual Gate Operations ❑ Powered Gate Operations ❑ Automated Gate Operations Comments: Communications LJ Directory Available ❑ 24 -H01.11- Coverage ❑ 'Telephone Available at Dam ❑ Cell Phone Coverage— Provider. Comments: Emergency Action Plan ❑ Available ❑ Filed with TCEQ ❑ Change in Downstream Hazard Frequency of Update: Date of Last Revision: Date of Last Exercise: Comments: Instrumentation ❑ Present ❑ Adequately Maintained ❑ Inadequately Maintained ❑ Operational ❑ Data Collected ❑ Data Analyzed ❑ Adequately Protected Comments: Early Warning System ❑ Present ❑ Adequately Maintained ❑ Inadequately Maintained ❑ Operational Frequency of Maintenance: Date of Last Exercise: Comments: TUQ -20361 (2/07) 3 Reservoir Drawdown Capability Method of Drawdown: Maximum Drawdown: Comments: c.f.s. Frequency of Testing: Backup Power ❑ Present ❑ Adequately Maintained ❑ Inadequately Maintained ❑ Operational Frequency ofMaintenance: Date of Last Exercise: Comments: TCEQ -20361 (2/07)