Chapter 1501:21-21 Periodic Inspection

1501:21-21-01 Periodic inspection of existing dams and levees.

(A) The chief shall make periodic inspections and evaluations of all class I, class II, and class III dams and all class I and class II levees to assure that their continued operation and use does not constitute a hazard to life, health, or property. The chief may make, as deemed necessary, periodic inspections of class IV dams and class III levees, and other dams and levees not otherwise specifically exempted from the inspection provisions of section 1521.062 of the Revised Code.

(B) The classification of each dam and levee shall be reviewed during each periodic or other inspection and may be changed as a result of such inspection. The classification of the dam or levee shall be determined by the chief in accordance with the criteria established in rules 1501:21-13-01 and 1501:21-13-09 of the Administrative Code.

(C) The chief may use an inspection report of a dam or levee prepared for the owner by a registered professional engineer in lieu of making a periodic inspection under provisions of paragraph (A) of this rule. The report shall meet the requirements of rule 1501:21-3-02 and paragraphs (A) and (B) of rule 1501:21-21-02 of the Administrative Code.

Effective: 5/24/2018
Five Year Review (FYR) Dates: 3/7/2018 and 05/24/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.062
Prior Effective Dates: 10/15/1981, 12/09/1999, 01/16/2005

1501:21-21-02 Periodic inspection procedures.

(A) Each periodic inspection shall consist of, but not be limited to, the following:

(1) Review and analysis of available data on the design, construction, operation, and maintenance of the dam or levee, and its appurtenances;

(2) Visual inspection of the dam or levee, its appurtenances, the downstream area, and all other areas potentially affected by the structure;

(3) Evaluation of the general conditions of the dam or levee, and its appurtenances which may include assessment of the hydrologic and hydraulic capabilities, structural stabilities, and any other conditions which constitute or could constitute a hazard to the integrity of the structure;

(4) Evaluation of operation, maintenance, and inspection procedures for the structure.; and

(5) Evaluation of the emergency action plan for the structure.

(B) The findings of the periodic inspection shall be presented in a written report that shall consist of, but not be limited to, the following:

(1) An assessment of the conditions of the dam or levee based on the visual observations, available data on the design, construction, operation, and maintenance of the structure, and hydrologic, hydraulic, stability, and other evaluations;

(2) Recommendations for any emergency measures and/or actions;

(3) Recommendations for remedial and corrective measures and/or actions relating to design, construction, operation, maintenance, and inspection of the structure;

(4) Recommendations for additional detailed studies, investigations, and analyses;

and

(5) Recommendations for time periods appropriate for implementing any necessary emergency, remedial, or corrective measures and/or actions, and any necessary additional studies, investigations, or analyses.

(C) The chief shall furnish a copy of the written report of the periodic inspection to the owner, detailing any required repairs, improvements, maintenance, investigations, studies, analyses, tests, or other remedial measures to the dam or levee needed to safeguard life, health, or property. The chief shall advise the owner of the time period in which all required measures and actions shall be accomplished.

Five Year Review (FYR) Dates: 3/7/2018 and 03/06/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.062
Prior Effective Dates: 10/15/1981, 12/09/1999, 01/16/2005

1501:21-21-03 Owner's responsibilities in correcting deficient dams and levees.

(A) Pursuant to the requirements and/or orders of the chief, the owner shall perform such repairs, improvements, maintenance, investigations, studies, analyses, tests, or other remedial measures to the dam or levee as may be judged by the chief as necessary to safeguard life, health, or property. The owner shall be provided with a reasonable period of time in which to perform such required measures and actions. The severity of the deficiencies and the hazard posed by the dam or levee shall be considered by the chief in establishing the prescribed length of the time period. The cost of all required measures and actions shall be borne by the owner.

(B) The chief shall advise the owner as to which repairs, improvements, maintenance, investigations, analyses, tests, and other remedial measures to the dam or levee must be accomplished under the direction of a registered professional engineer as per rule 1501:21-3-02 of the Administrative Code. The owner shall submit to the chief for review and approval three copies each of the plans and specifications, and one design report that includes, but is not limited to, assumptions, references, calculations, and investigations. All plans and specifications shall be prepared in accordance with the provisions of rules 1501:21-5-05 and 1501:21-5-06 of the Administrative Code. The chief shall respond in writing within forty-five days from their date of receipt with either approval, conditional approval, or disapproval, describing any required modifications; however, the review of a critical flood analysis may require up to ninety days.

(C) Construction of corrective measures to dams and levees shall be accomplished under the inspection of a registered professional engineer and shall be in accordance with the requirements of rules 1501:21-15-01 to 1501:21-15-05 of the Administrative Code, unless otherwise modified by the chief.

(D) The chief shall advise the owner as to which maintenance, repairs, or other remedial measures of a routine nature are not required to be accomplished under the direction of a registered professional engineer and are not subject to the chiefs approval pursuant to division (E) of section 1521.062 of the Revised Code. Routine measures may include, but not be limited to the following: removal of all trees, brush, and weeds; establishment and mowing of grass cover; repair of erosion gullies and rills; repair of rodent holes and burrows; repair of undermining; repair or placement of slope protection; repair of concrete deterioration (cracks less than one quarter of an inch wide or surficial spalling); lubrication and operation of outlet gates; grading the crest to a uniform elevation; and installation/repair of trashracks.

Five Year Review (FYR) Dates: 3/7/2018 and 03/06/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.062
Prior Effective Dates: 10/15/1981, 12/09/1999, 01/16/2005

1501:21-21-04 Owner's responsibilities in the operation, maintenance, and inspection of dams and levees.

(A) Pursuant to the provisions of section 1521.062 of the Revised Code, the owner of a dam or levee shall be responsible for the continued safe operation and use of the structure so that it does not constitute a hazard to life, health, or property.

(B) The owner of a dam or levee shall prepare a written manual detailing the operation, maintenance, and inspection procedures necessary for the continued safe operation and use of the dam or levee, and an emergency action plan. The contents of such manual and plan shall be as described respectively in rules 1501:21-15-06 and 1501:21-15-07 of the Administrative Code.

(C) The emergency action plan shall be updated on at least an annual basis including updating all emergency contact information. The owner shall annually submit to the division and the local county emergency management director updated pages of the emergency action plan .

Effective: 5/24/2018
Five Year Review (FYR) Dates: 3/7/2018 and 05/24/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.062
Prior Effective Dates: 10/15/1981, 12/09/1999, 01/16/2005, 05/23/2010

1501:21-21-05 Removal or correction of unsafe dams, and levees.

(A) If the owner fails to perform such repairs, maintenance, remedial measures, or other measures within the required time period as may have been ordered by the chief, the chief shall so notify the owner of the noncompliance. If the chief's intention is to remove or correct the unsafe structure, at the expense of the owner, pursuant to division (G) of section 1521.062 of the Revised Code, the chief shall so notify the owner in writing. The cost of any such removal or correction, together with a proper description of the owner's property, may be certified by the chief to the county auditor and placed by the county auditor upon the tax duplicate. Such cost is a lien upon such lands from the date of entry and shall be collected as other taxes and returned to the division.

(B) If the chief is unable to identify the owner of a dam or levee under paragraph (V) of rule 1501:21-3-01 of the Administrative Code, or if an owner identified by the chief denies ownership of the structure, the chief may employ any of the following remedial means pursuant to division (H) of section 1521.062(H) of the Revised Code without further notice:

(1) Lower the water level of the lake or reservoir by releasing water;

(2) Completely drain the lake or reservoir;

(3) Take such other measures or action as the chief considers necessary to safeguard life, health, and property, including, but not limited to, breaching the dam or levee.

The cost of this remedy shall be recoverable from any person ultimately determined to be the owner of the dam or levee by a court of competent jurisdiction. The chief may continue in full charge and control of such dam or levee until the ownership of the structure can be declared by such court.

Effective: 5/24/2018
Five Year Review (FYR) Dates: 3/7/2018 and 05/24/2023
Promulgated Under: 119.03
Statutory Authority: 1521.06
Rule Amplifies: 1521.06 , 1521.062
Prior Effective Dates: 10/15/1981, 12/09/1999, 01/16/2005