Chapter 1501:21-19 Exemptions
In addition to the exemptions noted in section 1521.06 of the Revised Code, the following classes of dams and levees are hereby exempt from the construction permit requirements of sections 1521.06 and 1521.061 of the Revised Code and the rules and regulations adopted pursuant thereto:
(A) Dams and levees designed and constructed by the United States army corps of engineers.
(B) Dams and levees constructed by the state of Ohio, department of natural resources, provided that copies of the final design report, plans, and specifications required in rules 1501:21-5-04 to 1501:21-5-06 of the Administrative Code, and prepared by registered professional engineers in accordance with rule 1501:21-3-02 of the Administrative Code are filed with and approved by the chief.
(C) Dams and levees placed by the chief in class IV under rule 1501:21-13-01 or 1501:21-13-09 of the Administrative Code, provided that the structure is built in general conformance with the design proposed in the preliminary design report prescribed by rule 1501:21-5-02 of the Administrative Code.
(D) Modifications or repairs to existing dams or levees, provided that the modifications or repairs do not constitute an enlargement of the structure as defined by rule 1501:21-3-01 of the Administrative Code or a reconstruction of the structure as determined by the chief.
(A) The following procedure shall be used for applying for an inspection exemption under section 1521.064 of the Revised Code.
(1) The owner of the dam or levee shall submit a letter to the chief requesting an exemption under section 1521.064 of the Revised Code.
(2) The owner shall also provide a map showing the location of the dam or levee
(3) The chief may require submittal of documentation verifying that no person, structure or facility will be damaged by failure of the dam or levee. This documentation may include but not be limited to inundation maps, dam break studies and other calculations and information as deemed necessary by the chief.
(4) The owner shall submit a written certification that they accept liability for any injury, death, or loss to persons or property caused by the rupturing of or other structural damage to the dam or levee. This liability certification is not transferable. If the ownership of the dam or levee changes, the new owner shall submit a new liability certification to continue the exemption.
(B) The dam or levee shall meet the following standards before it can be exempted under section 1521.064 of the Revised Code.
(1) A dam shall have sufficient discharge/storage capacity to pass the one-hundred-year flood, or other design flood as deemed appropriate by the chief, safely through the appurtenant spillway system.
(2) The dam or levee shall be in a condition sufficient to reasonably assure its continued operation and meet all requirements deemed necessary by the chief.
(3) The chief may require the dam or levee shall to have an approved operation, maintenance and inspection manual and an emergency action plan.
(C) In order to maintain the exemption, the chief will review the status of the dam or levee on an annual basis. The review will follow this procedure.
(1) The owner will submit a notice to the chief certifying that the downstream hazard of the dam or levee has not changed. This notice will be due to the chief by June thirtieth of each year.
(2) The owner shall submit notification to the chief of a change in ownership of the dam or levee.
(3) The chief may make periodic site visits to verify the exemption status.
(4) If any fact becomes apparent to indicate that the hazard of the dam or levee has changed, the chief shall rescind the exemption and classify the dam or levee based on rule 1501:21-13-01 of the Administrative Code.
R.C. 119.032 review dates: 03/08/2010 and 05/15/2015
Promulgated Under: 119.03
Statutory Authority: 1521.064
Rule Amplifies: 1521.062, 1521.064
Prior Effective Dates: 12-9-99; 1-16-05