11 Miss. Code. R. 7-3.6 - Inspections, Breach Analysis, and Emergency Action Plans

A. The owner and the operator of a dam shall be responsible for the proper operation and maintenance as well as the structural integrity of the dam. In order to fulfill this responsibility, the owner and/or the operator should perform a visual inspection of the dam at least every sixty (60) days and after every major rainfall event over the watershed. Any significant deficiencies observed during such visual inspections shall be immediately reported to MDEQ.

B. The owner or operator of a high hazard or significant hazard dam shall have a detailed formal inspection of the dam performed by a registered professional engineer with experience in the design and construction of dams at such recurring intervals as may be directed by MDEQ. In addition, annual owner's inspections of the dam submitted by the owner may also be required. A checklist form prescribed and furnished by MDEQ shall be used to record observations during the inspection. Inspection reports shall be submitted to MDEQ no later than sixty (60) days after completion.

C. The owners or operators of high hazard or significant hazard dams shall maintain records and documents related to the original construction, recurring inspections, maintenance, repairs, and alterations of the dam for the life of the project. Such records shall be made available for inspection, or copies of such records furnished, upon request by MDEQ.

D. Dam breach analysis may be required by MDEQ to evaluate the hazard potential classification of a dam. For hazard classification purposes, the breach analysis is typically performed as a sunny day top of dam failure. MDEQ at its discretion may also require additional scenarios in certain circumstances.

The breach analysis shall extend downstream of the dam to a point where the depth of flooding outside the channel is no greater than 2 feet. All breach analysis models shall be digitally submitted to MDEQ.

E. The owner or operator of a high hazard dam shall develop an Emergency Action Plan (EAP) for the dam. MDEQ at its discretion may also direct the owner or operator of a significant hazard dam to develop an Emergency Action Plan (EAP). The EAP shall be submitted to MDEQ for approval. Once approved, a copy of the EAP will be maintained on file by MDEQ. The owner or operator of the dam shall review the EAP on an annual basis to assure that the information contained therein is current. Revisions to the EAP, as necessary, shall be furnished to MDEQ and all other persons involved in the implementation of the EAP. The owner or operator also shall be responsible for conducting or coordinating periodic training and exercises to assure that personnel involved in the implementation of the EAP are properly prepared to carry out their responsibilities in the event of an emergency.

F. MDEQ employees are authorized to make inspections at any time to evaluate the operation, maintenance, and structural integrity of dams and reservoirs. The owner or operator shall be required to perform, at the owner's or operator's expense, such work as may be necessary to correct deficiencies in maintenance and operation or accomplish necessary repairs identified by such inspections. If deficiencies are not corrected or repairs are not made as specified in the inspection report, the Commission may order owners or operators to take remedial action or remove the dam in order to safeguard lives and property.

Notes

11 Miss. Code. R. 7-3.6

Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Amended 7/13/2018