Connecticut s Dam Safety Program Safer Dams Initiative & House Bill 6441 Art Christian, P.E.

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1 Connecticut s Dam Safety Program Safer Dams Initiative & House Bill 6441 Art Christian, P.E. Supervising Civil Engineer CT DEEP Office of Dam Safety

2 Connecticut Department of Energy and Environmental Protection

3 Connecticut s Dam Safety Program Safer Dams Initiative June 20, 2013 Art Christian Environmental Business Council, New England, Inc. Connecticut Chapter Connecticut Department of Energy and Environmental Protection

4 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

5 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

6 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 (a) ) Estimated >5,500 dams in CT Connecticut Department of Energy and Environmental Protection

7 Purpose of Dams Recreation Flood Control Water Supply Industrial Hydroelectric Irrigation Agricultural

8 Recreation Connecticut Department of Energy and Environmental Protection

9 Flood Control Connecticut Department of Energy and Environmental Protection

10 Water Supply Connecticut Department of Energy and Environmental Protection

11 Industrial Connecticut Department of Energy and Environmental Protection

12 Hydroelectric Connecticut Department of Energy and Environmental Protection

13 Irrigation Connecticut Department of Energy and Environmental Protection

14 Agricultural Connecticut Department of Energy and Environmental Protection

15 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

16 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 through 22a Establishes: Dam Hazard Classes Inspection Frequency Inspection Criteria

17 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. Connecticut Department of Energy and Environmental Protection

18 Dam Inventory

19 Regulated Dams by Hazard Class Hazard Classification: 3,043 regulated dams 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 % A - Low Hazard % AA - Negligible Hazard % 538 High and Significant hazard dams in CT Negligible hazard dams are inventoried but unregulated.

20 Purpose of Inspection Assess Condition of the Dam Develop recommendations for required improvements Identify Potential Hazard Detect Changes in the Dam Over Time Connecticut Department of Energy and Environmental Protection

21 Importance of Regular Inspections 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 Connecticut Department of Energy and Environmental Protection

22 Dam Safety Inspections Dam Hazard Classification Number of Dams Regulatory Inspection Frequency Number of Dam Inspections per Year C - High Hazard B - Significant Hazard BB - Moderate Hazard A - Low Hazard TOTAL

23 Number of Inspections Dam Safety Inspections Regulatory Inspection Goals Other Inspections Regulatory Inspections Year

24 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

25 Inundation Zones & EOP s ASDSO (Association of State Dam Safety Officials) recommends that states require an EOP for each high and significant hazard dam. 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.

26 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? Connecticut Department of Energy and Environmental Protection

27 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 Connecticut Department of Energy and Environmental Protection

28 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

29 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

30 Legislative Initiatives, cont. 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

31 Legislative Initiatives, cont. 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

32 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.

33 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.

34 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 15 th, 16th, and 17 th. 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. Connecticut Department of Energy and Environmental Protection

35 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

36 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

37 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.

38 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.

39 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. Connecticut Department of Energy and Environmental Protection

40 Dam Removal BEFORE AFTER

41 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

42 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.

43 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:

44 Questions? Art Christian CT DEEP Dam Safety Connecticut Department of Energy and Environmental Protection

45 Additional Guidance Connecticut Department of Energy and Environmental Protection

46 Connecticut Department of Energy and Environmental Protection