WSR 04-16-122

PERMANENT RULES

DEPARTMENT OF ECOLOGY


[ Order 03-08 -- Filed August 4, 2004, 10:55 a.m. , effective September 4, 2004 ]


Purpose: The purpose of the rule amendment is to modify fees that are collected from owners of existing dams and those proposing to build new dams or modify existing dams. This involves amending and repealing existing sections (see below) and proposing new sections WAC 173-175-705, 173-175-725, 173-175-735, 173-175-755, 173-175-765, 173-175-775, 173-175-785, and 173-175-795.

Citation of Existing Rules Affected by this Order: Repealing 173-175-070; and amending WAC 173-175-010, 173-175-020, 173-175-030, 173-175-230, 173-175-250, 173-175-360, 173-175-370, 173-175-390, 173-175-500, 173-175-510, 173-175-520, 173-175-610, and 173-175-620.

Statutory Authority for Adoption: RCW 43.21A.064, 43.21A.080, 86.16.061, 90.03.350 and [90.03].470.

Adopted under notice filed as WSR 04-09-109 on April 21, 2004.

Changes Other than Editing from Proposed to Adopted Version: Cost estimates were changed, based upon hearing testimony, resulting in fee reduction from $800 to $688; annual fee for periodic inspections of high hazard dams. Proposed memorandum of agreement with NRCS was broadened to include both manure storage ponds and conservation dams. Proposed "Threat to public safety" broadening of ecology emergency powers was dropped from rule changes.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 8, Amended 13, Repealed 1.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: August 4, 2004.

Polly Zehm

for Linda Hoffman

Deputy Director

OTS-6997.5


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-010   Purpose and authority.   These regulations provide for the comprehensive regulation and supervision of dams in order to reasonably secure safety to life and property pursuant to chapters 43.21A, 43.27A, 86.16, 90.03, 90.28, and 90.54 RCW. The purposes of these regulations are to:

(1) Designate the types of dams to which these regulations are applicable;

(2) Provide for the design, construction, operation, maintenance, and supervision of dams in a manner consistent with accepted engineering practice;

(3) Establish and administer a program for permitting of construction work for new dams and for modifications of existing dams;

(4) Establish a fee schedule based on dam size that will reflect the actual cost to the department of engineering review of plans and specifications and for construction inspections;

(5) Establish the requirements and owner responsibilities for developing and executing plans for operation and maintenance, owner inspection and emergency actions; and

(6) ((Encourage owners to establish a program for the periodic inspection of their projects.)) Establish a program for the periodic inspection by the department of existing dams, and a fee schedule for these inspections based on downstream hazard classification and frequency of inspections. This fee schedule will reflect the actual cost to the department.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-010, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 94-15, filed 10/24/95, effective 11/24/95)

WAC 173-175-020   Applicability.   (1) These regulations are applicable to dams which can impound a volume of ten acre-feet or more of water as measured at the dam crest elevation. The ten acre-feet threshold applies to dams which can impound water on either an intermittent or permanent basis. Only water that can be stored above natural ground level ((and)) or which could be released by a failure of the dam is considered in assessing the storage volume.

The ten acre-feet threshold applies to any dam which can impound water of any quality, or which contains any substance in combination with sufficient water to exist in a liquid or slurry state at the time of initial containment.

(2) For a dam whose dam height is six feet or less and which meets the conditions of subsection (1) of this section, the department may elect to exempt the dam from these regulations.

The decision by the department to exempt a dam will be made on a case-by-case basis for those dams whose failure is not judged to pose a risk to life and minimal property damage would be expected (downstream hazard class 3).

(3) These regulations do not apply to dams that are, or will be, owned, by an agency of the federal government which has oversight on operation and maintenance and has its own dam safety program for periodic inspection and repair of safety deficiencies of completed projects. The department will continue to be the state repository for pertinent plans, reports, and other documents related to the safety of federally owned dams.

(4) These regulations do not apply to transportation facilities such as roads, highways, or rail lines which cross watercourses and exist solely for transportation purposes and which are regulated by other governmental agencies.

Those transportation facilities which cross watercourses and which have been, or will be, modified with the intention of impounding water on an intermittent or permanent basis and which meet the conditions of subsection (1) of this section shall be subject to these regulations.

(5) These regulations do not apply to dikes or levees constructed adjacent to or along a watercourse for protection from natural flooding or for purposes of floodplain management.

(6) These regulations do not apply to concrete or steel water storage tanks.

(7) These regulations do not apply to FERC licensed projects and to FERC exempted projects. The department will continue to maintain a repository for pertinent plans, reports, and other documents related to the safety of FERC licensed and FERC exempted projects.

[Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), 173-175-020, filed 10/24/95, effective 11/24/95. Statutory Authority: RCW 43.21A.064, [43.21A].080 and 86.16.061. 93-01-090 (Order 92-35), 173-175-020, filed 12/16/92, effective 1/16/93; 92-12-055 (Order 91-17), 173-175-020, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 94-15, filed 10/24/95, effective 11/24/95)

WAC 173-175-030   Definitions.   As used in this chapter:

"Acceptance" means acceptance by the department that the proposed plan(s) will satisfactorily address issues associated with proper operation, maintenance, inspection, or emergency action.

"Annual exceedance probability" means the chance that a specified magnitude of some phenomenon of interest, such as a flood or earthquake, is equaled or exceeded during a given year.

"Approval" means approval by the department that the proposed design, and plans and specifications conform to accepted engineering practice and department guidelines.

"Appurtenant works" means such structures as outlet works and associated gates and valves; water conveyance structures such as spillways, channels, fish ladders, tunnels, pipelines, or penstocks; powerhouse sections; and navigation locks, either in the dam or adjacent thereto.

"Authorization" means written acknowledgement from the department to proceed with proposed actions.

"Construction change order" means a revision to the department approved plans and specifications that is initiated during construction.

"Construction permit" means the permit which authorizes construction and that the project's plans and specifications and construction inspection plan have been reviewed and approved by the department.

"Construction permit process" means the sequence of activities specified in WAC 173-175-110 inclusive, beginning with the application for construction permit and ending with the submission of a report summarizing construction records.

"Crest length" means the total horizontal distance measured along the axis of the dam, at the elevation of the top of the dam, between abutments or ends of the dam. Where applicable, this includes the spillway, powerhouse sections, and navigation locks, where they form a continuous part of the impounding structure.

"Critical project element" means an element of a project whose failure could result in the uncontrolled release of the reservoir.

"Dam" means any artificial barrier and/or any controlling works, together with appurtenant works that can or does impound or divert water.

"Dam abutment" means that contact location at either end and beneath the flanks of a dam where the artificial barrier joins or faces against the natural earth or rock foundation material upon which the dam is constructed.

"Dam height" means the vertical distance from the natural bed of the stream or watercourse at the downstream toe of the impounding barrier to the maximum storage elevation. If the dam is not across a stream or watercourse, the height is measured from the lowest elevation of the outside limit of the impounding barrier to the maximum storage elevation.

"Department" means the department of ecology.

"Design step level" means an integer value between one and eight used to designate increasingly stringent design loadings and conditions for design of critical project elements. Design steps have a range in annual exceedance probability from one in five hundred at Step 1 to one in one million at Step 8.

"Downstream hazard classification" means a rating to describe the potential for loss of human life and/or property damage if the dam were to fail and release the reservoir onto downstream areas. Downstream hazard classifications of 3, 2 and 1C, 1B, 1A correspond to low, significant, and high downstream hazard classes respectively.

"Emergency condition" means a situation where life and property are at imminent risk and actions are needed within minutes or hours to initiate corrective actions and/or warn the public.

"Enlargement" means any modification of a project that will result in an increase in normal pool height and/or dam height.

"Exigency condition" means a situation where the dam is significantly underdesigned according to generally accepted engineering standards or is in a deteriorated condition and life and property are clearly at risk. Although present conditions do not pose an imminent threat, if adverse conditions were to occur, the situation could quickly become an emergency.

"FERC exempted project" means a project that is classified as exempt by the Federal Energy Regulatory Commission (FERC) under provisions of the Federal Power Act.

"FERC licensed project" means a project whose operation is licensed by the Federal Energy Regulatory Commission (FERC) under provisions of the Federal Power Act.

"Freeboard" means the vertical distance between the dam crest elevation and some reservoir level of interest.

"Hydrograph" means a graphical representation of discharge, stage, or other hydraulic property with respect to time for a particular location on a watercourse.

"Impounding barrier" means the structural element of the dam that has the primary purpose of impounding or diverting water. It may be constructed of natural and/or man-made materials.

"Incident" means the occurrence of any dam-related event where problems or conditions arise which may have posed a threat to the safety or integrity of the project or which may have posed a threat of loss of life or which resulted in loss of life.

"Inflow design flood (IDF)" means the reservoir inflow flood hydrograph used for sizing the spillways and for determining freeboard. It represents the largest flood that a given project is designed to safely accommodate.

"Maintenance" means those tasks generally accepted as routine in keeping the project and appurtenant works in a serviceable condition.

"Maximum storage elevation" means the maximum attainable water surface elevation of the reservoir pool that could occur during extreme operating conditions. This elevation normally corresponds to the crest elevation of the dam.

"Miscellaneous construction elements" means a variety of construction elements or activities such as, but not limited to: Reservoir linings; parapet walls or low berms for wave containment; minor reconstruction of isolated portions of the impounding barrier; internal drainage improvements; and erosion protection.

"Modification" means any structural alteration of a dam, its reservoir, spillway(s), outlet(s), or other appurtenant works that could significantly influence or affect the project safety.

"Normal pool height" means the vertical distance between the lowest point of the upstream toe of the impounding barrier and the normal storage elevation.

"Normal storage elevation" means the maximum elevation to which the reservoir may rise under normal operating conditions. Where the principal spillway is ungated, the normal storage elevation is usually established by the elevation of the spillway crest.

"100-year floodplain" means the area inundated during the passage of a flood with a peak discharge having a one percent chance of being ((equalled)) equaled or exceeded in any given year at a specified location on a watercourse.

"Outlet" means a conduit and/or channel structure for the controlled release of the contents normally impounded by a dam and reservoir.

"Owner" means the person holding lawful title to the dam or any person who owns or proposes to construct a dam.

"Periodic inspection" means a detailed inspection of the dam and appurtenant works conducted on regular intervals and includes, as necessary, associated engineering analyses to confirm the continued safe operation of the project.

"Person" means any individual, firm, association, county, public or municipal or private corporation, agency, or other entity whatsoever.

"Plans and specifications" means the detailed engineering drawings and specifications used to describe the layout, materials, construction methods, etc., for assembling a project or project element. These do not include shop drawings or other drawings prepared by the construction contractor for temporary construction support systems.

"Population at risk" means the number of people who may be present in areas downstream of a dam and could be in danger in the event of a dam failure.

"Project" means a dam and its reservoir either proposed or existing.

"Project engineer" means a professional engineer licensed in Washington, having direct supervision, as defined in WAC 196-24-095, in managing the engineering aspects of the project as representative of the owner.

"Reservoir" means any basin that contains or will contain the water impounded by a dam.

"Reservoir routing" means the procedures used to determine the attenuating effect of reservoir storage on a flood as it passes through a reservoir.

"Rule curve" means the rules and procedures used to regulate reservoir levels and project operation for various reservoir inflows and for both normal and unusual seasonal conditions.

"Significant enlargement" means any modification of an existing dam that results in the dam height or normal pool height being increased by an amount greater than 5.0 feet, and which also represents a ten percent or greater increase in dam height or normal pool height over that which existed prior to the modification.

"Spillway" means a channel structure and/or conduit for the safe release of water or floodwater.

"Stop work order" means an administrative order issued to temporarily halt construction work until a problem can be resolved.

"Substantially complete" means that a plan, action, or project element requires only minor additions to be complete, and in its present state will perform the necessary functions for its intended use.

"Surficial inspection" means a visual inspection conducted to identify obvious defects or changed conditions.

[Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), 173-175-030, filed 10/24/95, effective 11/24/95. Statutory Authority: RCW 43.21A.064, [43.21A].080 and 86.16.061. 93-01-090 (Order 92-35), 173-175-030, filed 12/16/92, effective 1/16/93; 92-12-055 (Order 91-17), 173-175-030, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-230   Declaration of construction completion.   Within ((thirty)) sixty days following substantial completion of construction or modification of a dam, the project engineer shall submit to the department:

A declaration stating the project was constructed in accordance with the department approved plans and specifications and construction change orders.

The department will provide a declaration form which may be used or altered, as appropriate, by the project engineer.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-230, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-250   Construction records summary.   Within one hundred twenty days following completion of construction or modification of a dam, the project engineer, as representative of the owner, shall submit a report to the department on construction activities which includes:

(1) A summary of results from field testing of materials used in construction. The summary shall identify both representative values and the range of test values;

(2) A discussion of any notable items encountered during construction;

(3) One complete set of drawings describing the as-built condition of the dam. These drawings shall be submitted in both paper and electronic format.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-250, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-360   Construction permit fees for new project construction.   (1) Fees for the review of plans and specifications and for construction inspection for new project construction shall be the amounts shown in Table 4 as adjusted by the fiscal growth factor, and determined by the nearest values of dam height and crest length, in feet, which correspond to the project's planned dam height and crest length.

(2) The fees in Table 4 are automatically adjusted annually on July 1st by the fiscal growth factor as calculated under chapter 43.135 RCW. After July 1st of each year, the department shall publish the adjusted fees by providing notice on its internet site and by providing written notification by mail or electronic mail to permit applicants.

(3) Fees for the review of plans and specifications and for construction inspection for new dairy waste impoundments, and conservation dams, shall be in the amount of one thousand four hundred dollars, provided the project meets the following requirements:

(a) The facility has a low downstream hazard classification;

(b) The maximum embankment height is less than fifteen feet;

(c) The facility conforms with a set of standard plans and specifications prepared by the Natural Resource Conservation Service (NRCS) and approved by the department;

(d) The NRCS or its designee provides periodic oversight of construction to ensure that the facility conforms to the standard plans.

If the project fails to meet any of the above requirements, the standard fees as described under subsection (1) of this section shall apply.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-360, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-370   Construction permit fees for modifications of existing dams.   (1) Fees for the review of plans and specifications and for construction inspections for project modifications involving significant enlargements shall be the greater of ((five)) one thousand four hundred dollars or the amount determined by those applicable percentages shown in Table 5A of the fees in Table 4, as adjusted by the fiscal growth factor. The appropriate Table 4 fee amount is to be determined using the nearest values of dam height and crest length, in feet, which correspond to the overall dimensions of the modified dam.

((TABLE 4. CONSTRUCTION PERMIT FEES - NEW PROJECT CONSTRUCTION

DAM HEIGHT (FEET) DAM CREST LENGTH (FEET)
50 100 150 200 250 300 350 400 500 600 700 800 1000 1500 2000 4000
400 15810 17640 18320 18730 19060 19320 19540 19730 20000 20000 20000 20000 20000 20000 20000 20000
300 13680 16220 17320 17890 18240 18500 18720 18920 19240 19500 19720 19920 20000 20000 20000 20000
250 12150 15100 16370 17190 17620 17980 18210 18400 18720 18990 19210 19400 19720 20000 20000 20000
200 10100 13260 15000 15890 16610 17130 17420 17690 18090 18350 18570 18770 19090 19670 20000 20000
180 8930 12370 14090 15250 15940 16530 17030 17280 17720 18060 18280 18470 18790 19380 19790 20000
160 7730 11390 13140 14340 15230 15790 16280 16720 17270 17620 17930 18140 18460 19050 19460 20000
150 7150 10840 12590 13800 14770 15400 15880 16310 17030 17380 17680 17950 18280 18870 19280 20000
140 6570 10080 12000 13250 14180 14990 15460 15880 16600 17120 17420 17680 18090 18670 19090 20000
130 6010 9260 11400 12620 13570 14340 15020 15430 16130 16720 17140 17400 17830 18460 18880 19880
120 5450 8400 10670 11950 12930 13680 14340 14930 15630 16210 16720 17090 17530 18240 18650 19650
110 4900 7560 9740 11250 12180 12990 13620 14180 15120 15680 16170 16600 17200 18000 18410 19410
100 4370 6740 8680 10300 11400 12170 12850 13410 14350 15110 15580 16000 16730 17630 18140 19140
95 4110 6330 8160 9760 11010 11740 12410 13010 13920 14720 15280 15690 16400 17430 18000 19000
90 3850 5930 7640 9140 10410 11320 11950 12530 13490 14260 14940 15360 16060 17230 17790 18320
85 3590 5530 7130 8530 9800 10820 11490 12050 13040 13780 14450 15030 15710 17020 17320 17320
80 3340 5140 6630 7930 9120 10160 11020 11560 12510 13300 13940 14520 15350 16320 16320 16320
75 3090 4760 6130 7340 8440 9460 10320 11060 11970 12780 13420 13980 14960 15320 15320 15320
70 2840 4380 5640 6750 7770 8700 9580 10320 11420 12190 12870 13430 14320 14320 14320 14320
65 2600 4010 5160 6180 7100 7960 8770 9530 10780 11580 12240 12830 13320 13320 13320 13320
60 2360 3640 4690 5610 6450 7230 7970 8660 9930 10950 11590 12150 12320 12320 12320 12320
55 2130 3280 4230 5060 5820 6520 7180 7800 8970 10010 10880 11320 11320 11320 11320 11320
50 1900 2930 3770 4520 5190 5820 6410 6960 8010 8970 9860 10320 10320 10320 10320 10320
46 1720 2650 3420 4090 4700 5270 5800 6310 7250 8120 8950 9520 9520 9520 9520 9520
42 1540 2380 3070 3670 4220 4730 5210 5660 6510 7290 8030 8720 8720 8720 8720 8720
38 1370 2110 2720 3260 3750 4200 4630 5030 5780 6480 7130 7760 7920 7920 7920 7920
34 1200 1860 2390 2860 3290 3690 4060 4410 5070 5680 6260 6800 7120 7120 7120 7120
30 1040 1600 2060 2470 2840 3180 3500 3810 4380 4910 5400 5870 6320 6320 6320 6320
28 960 1480 1900 2280 2620 2940 3230 3510 4040 4530 4980 5420 5920 5920 5920 5920
26 880 1360 1750 2090 2400 2690 2960 3220 3700 4150 4570 4970 5520 5520 5520 5520
24 820 1230 1590 1900 2190 2450 2700 2940 3380 3780 4170 4530 5120 5120 5120 5120
22 770 1120 1440 1720 1980 2220 2440 2660 3050 3420 3770 4090 4710 4720 4720 4720
20 710 1000 1290 1540 1770 1990 2190 2380 2730 3070 3370 3670 4220 4320 4320 4320
18 660 890 1140 1370 1570 1760 1940 2110 2420 2720 2990 3250 3740 3920 3920 3920
16 610 800 1000 1200 1370 1540 1700 1840 2120 2370 2620 2840 3270 3520 3520 3520
15 590 770 930 1110 1280 1430 1580 1710 1970 2210 2430 2640 3040 3320 3320 3320
14 570 730 860 1030 1180 1320 1460 1580 1820 2040 2250 2440 2810 3120 3120 3120
13 550 690 810 950 1090 1220 1340 1460 1680 1880 2070 2250 2580 2920 2920 2920
12 540 650 770 870 1000 1110 1230 1330 1530 1720 1890 2060 2360 2720 2720 2720
11 530 620 720 810 910 1010 1110 1210 1390 1560 1720 1870 2150 2520 2520 2520
10 520 590 670 760 830 910 1000 1090 1250 1400 1550 1680 1930 2320 2320 2320
9 510 560 630 700 770 830 900 970 1120 1250 1380 1500 1720 2120 2120 2120
8 500 540 590 640 710 760 810 860 980 1100 1210 1320 1510 1920 1920 1920
7 500 520 550 600 640 690 740 780 850 950 1050 1140 1310 1690 1720 1720
6 500 510 530 560 590 630 660 700 770 820 890 970 1110 1430 1520 1520
5 500 500 510 530 550 570 600 620 680 730 780 820 920 1180 1320 1320))


TABLE 4. CONSTRUCTION PERMIT FEES - NEW PROJECT CONSTRUCTION

Dam Height (ft) CREST LENGTH (FEET)
50 100 150 200 250 300 350 400 500 600 700 800 1000 1500 2000 4000
400 44268 49392 51296 52444 53368 54096 54712 55244 56000 56000 56000 56000 56000 56000 56000 56000
300 38304 45416 48496 50092 51072 51800 52416 52976 53872 54600 55216 55776 56000 56000 56000 56000
250 34020 42280 45836 48132 49336 50344 50988 51520 52416 53172 53788 54320 55216 56000 56000 56000
200 28280 37128 42000 44492 46508 47964 48776 49532 50652 51380 51996 52556 53452 55076 56000 56000
180 25004 34636 39452 42700 44632 46284 47684 48384 49616 50568 51184 51716 52612 54264 55412 56000
160 21644 31892 36792 40152 42644 44212 45584 46816 48356 49336 50204 50792 51688 53340 54488 56000
150 20020 30352 35252 38640 41356 43120 44464 45668 47684 48664 49504 50260 51184 52836 53984 56000
140 18396 28224 33600 37100 39704 41972 43288 44464 46480 47936 48776 49504 50652 52276 53452 56000
130 16828 25928 31920 35336 37996 40152 42056 43204 45164 46816 47992 48720 49924 51688 52864 55664
120 15260 23520 29876 33460 36204 38304 40152 41804 43764 45388 46816 47852 49084 51072 52220 55020
110 13720 21168 27272 31500 34104 36372 38136 39704 42336 43904 45276 46480 48160 50400 51548 54348
100 12236 18872 24304 28840 31920 34076 35980 37548 40180 42308 43624 44800 46844 49364 50792 53592
95 11508 17724 22848 27328 30828 32872 34748 36428 38976 41216 42784 43932 45920 48804 50400 53200
90 10780 16604 21392 25592 29148 31696 33460 35084 37772 39928 41832 43008 44968 48244 49812 51296
85 10052 15484 19964 23884 27440 30296 32172 33740 36512 38584 40460 42084 43988 47656 48496 48496
80 9352 14392 18564 22204 25536 28448 30856 32368 35028 37240 39032 40656 42980 45696 45696 45696
75 8652 13328 17164 20552 23632 26488 28896 30968 33516 35784 37576 39144 41888 42896 42896 42896
70 7952 12264 15792 18900 21756 24360 26824 28896 31976 34132 36036 37604 40096 40096 40096 40096
65 7280 11228 14448 17304 19880 22288 24556 26684 30184 32424 34272 35924 37296 37296 37296 37296
60 6608 10192 13132 15708 18060 20244 22316 24248 27804 30660 32452 34020 34496 34496 34496 34496
55 5964 9184 11844 14168 16296 18256 20104 21840 25116 28028 30464 31696 31696 31696 31696 31696
50 5320 8204 10556 12656 14532 16296 17948 19488 22428 25116 27608 28896 28896 28896 28896 28896
46 4816 7420 9576 11452 13160 14756 16240 17668 20300 22736 25060 26656 26656 26656 26656 26656
42 4312 6664 8596 10276 11816 13244 14588 15848 18228 20412 22484 24416 24416 24416 24416 24416
38 3836 5908 7616 9128 10500 11760 12964 14084 16184 18144 19964 21728 22176 22176 22176 22176
34 3360 5208 6692 8008 9212 10332 11368 12348 14196 15904 17528 19040 19936 19936 19936 19936
30 2912 4480 5768 6916 7952 8904 9800 10668 12264 13748 15120 16436 17696 17696 17696 17696
28 2688 4144 5320 6384 7336 8232 9044 9828 11312 12684 13944 15176 16576 16576 16576 16576
26 2464 3808 4900 5852 6720 7532 8288 9016 10360 11620 12796 13916 15456 15456 15456 15456
24 2296 3444 4452 5320 6132 6860 7560 8232 9464 10584 11676 12684 14336 14336 14336 14336
22 2156 3136 4032 4816 5544 6216 6832 7448 8540 9576 10556 11452 13188 13216 13216 13216
20 1988 2800 3612 4312 4956 5572 6132 6664 7644 8596 9436 10276 11816 12096 12096 12096
18 1848 2492 3192 3836 4396 4928 5432 5908 6776 7616 8372 9100 10472 10976 10976 10976
16 1708 2240 2800 3360 3836 4312 4760 5152 5936 6636 7336 7952 9156 9856 9856 9856
15 1652 2156 2604 3108 3584 4004 4424 4788 5516 6188 6804 7392 8512 9296 9296 9296
14 1596 2044 2408 2884 3304 3696 4088 4424 5096 5712 6300 6832 7868 8736 8736 8736
13 1540 1932 2268 2660 3052 3416 3752 4088 4704 5264 5796 6300 7224 8176 8176 8176
12 1512 1820 2156 2436 2800 3108 3444 3724 4284 4816 5292 5768 6608 7616 7616 7616
11 1484 1736 2016 2268 2548 2828 3108 3388 3892 4368 4816 5236 6020 7056 7056 7056
10 1456 1652 1876 2128 2324 2548 2800 3052 3500 3920 4340 4704 5404 6496 6496 6496
9 1428 1568 1764 1960 2156 2324 2520 2716 3136 3500 3864 4200 4816 5936 5936 5936
8 1400 1512 1652 1792 1988 2128 2268 2408 2744 3080 3388 3696 4228 5376 5376 5376
7 1400 1456 1540 1680 1792 1932 2072 2184 2380 2660 2940 3192 3668 4732 4816 4816
6 1400 1428 1484 1568 1652 1764 1848 1960 2156 2296 2492 2716 3108 4004 4256 4256
5 1400 1400 1428 1484 1540 1596 1680 1736 1904 2044 2184 2296 2576 3304 3696 3696

(2) Fees for the review of plans and specifications and for construction inspection for project modifications not involving significant enlargements shall be the greater of ((five)) one thousand four hundred dollars or the amount determined by those applicable percentages shown in Table 5B of the fees in Table 4, as adjusted by the fiscal growth factor. The appropriate Table 4 fee amount is to be determined using the nearest values of dam height and crest length, in feet, which correspond to the overall dimensions of the modified dam.

(3) Fees for the review of plans and specifications and for construction inspection for repair of a dam with safety deficiencies as required by the department shall be one thousand four hundred dollars.

(4) Fees for the review of plans and specifications and for construction inspection for the removal or partial removal of a dam with safety deficiencies for the purpose of eliminating a public safety hazard shall be the minimum fee of ten dollars.

(((4))) (5) Fees for the review of plans and specifications and for construction inspection for the planned abandonment and reclamation of dams and reservoir areas used in mining operations shall be the minimum fee of ((five)) one thousand four hundred dollars.


TABLE 5. FEES FOR MODIFICATIONS OF DAMS

MODIFICATION FEE AS PERCENTAGE OF FEE FOR NEW DAM CONSTRUCTION

FEATURES MODIFIED TABLE 5A

MODIFICATIONS INVOLVING

SIGNIFICANT ENLARGEMENTS

TABLE 5B

MODIFICATIONS NOT INVOLVING

SIGNIFICANT ENLARGEMENTS

Spillway(s) 35% 25%
Impounding Barrier 35% 25%
Appurtenant Works and Miscellaneous Construction Elements 10% 10%

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-370, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 94-15, filed 10/24/95, effective 11/24/95)

WAC 173-175-390   Payment of construction permit fees.   (1) The amount of the construction permit fee will be determined by the department based upon procedures contained in WAC 173-175-360 and 173-175-370 and information contained in the construction plans.

(a) An initial payment, which may represent all or a portion of the construction permit fee shall be paid in conjunction with the submittal of the construction permit application described in WAC 173-175-120. The amount of the initial payment shall be:

(i) Ten dollars for the removal of a dam with safety deficiencies as described in WAC 173-175-370(3); or

(ii) ((Five)) One thousand four hundred dollars for construction of a new dam or modification of an existing dam or project.

(b) The balance of the fee amount (less the initial payment above) is to be paid following notification by the department of the balance due.

(c) All fees collected are nonrefundable.

(2) No fee shall be required for the review of conceptual plans which describe proposed repairs or improvements to existing dams to correct safety deficiencies. The normal construction permit process will apply at the time plans and specifications are submitted to the department.

(3) No additional fees shall be required for plan and specification changes and resubmittals required by the department as part of the review process.

(4) No additional fees shall be required for review of construction change orders.

[Statutory Authority: 1995 c 8. 95-22-030 (Order 94-15), 173-175-390, filed 10/24/95, effective 11/24/95. Statutory Authority: RCW 43.21A.064, [43.21A].080 and 86.16.061. 93-01-090 (Order 92-35), 173-175-390, filed 12/16/92, effective 1/16/93; 92-12-055 (Order 91-17), 173-175-390, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-500   Operation and maintenance.   (1) The owner shall develop and maintain a current operation and maintenance (O&M) manual.

The manual shall describe procedures for operation of the project under normal and extreme reservoir inflow conditions and provide technical guidance and procedures for monitoring, inspection, and long-term maintenance. Information on the development of the O&M manual is contained in the department's Dam Safety Guidelines. The O&M manual shall include, as a minimum, the following items:

(a) Identification of the individual(s) responsible for implementing the plan;

(b) A project data sheet describing the pertinent features of the dam and reservoir, including the spillway(s), outlet works, and appurtenant structures and their locations at the dam site;

(c) The rules and procedures (rule curve) used to regulate reservoir levels and project operation for various reservoir inflows and for both normal and unusual seasonal conditions;

(d) A description of each hydraulic element used to regulate or release water, including information on proper operation and scheduled maintenance;

(e) A listing of the items requiring periodic monitoring, the frequency of monitoring and procedures for monitoring, measurement, and recordkeeping;

(f) A listing of the items requiring periodic maintenance and procedures for conducting and documenting maintenance and recording of problems;

(g) A listing of items to be inspected or test operated, the frequency and procedures for conducting the same and for documenting the findings.

(2) It shall be the duty and responsibility of the owner to, at all times, operate and maintain the dam and all appurtenant works in a safe manner and condition and follow the method and schedule of operation of the dam as outlined in the O&M manual.

(3) ((For dams constructed before July 1, 1992, owners are required to develop an O&M manual by December 31, 1997.

In those cases where a failure of the dam could pose a threat to life (downstream hazard classes 1A, 1B, 1C, and 2), the O&M manual shall be submitted to the department for review and acceptance.

(4))) Any proposed changes to the O&M manual which could have an effect on public or project safety must be submitted to the department for review and acceptance before implementation.

(4) The OM manual must be updated within one hundred eighty days after a periodic inspection has been completed by the department.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-500, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-510   Inspection by owner.   (((1))) Owners are required to evaluate the safety of their dam(s) and all appurtenant works and to make modifications, as become necessary, to reasonably secure safety to life and property. To accomplish this, owners are:

(((a))) (1) Required to conduct annual surficial inspections and to maintain records of their findings, including records of actions taken to correct problem conditions. ((Copies of such records shall be provided to the department upon request.))

The annual surficial inspections may be conducted by the owner or by agent(s) designated by the owner, or by a professional engineer.

(((b) Encouraged to implement a program for the periodic inspection of their project(s) on a five-year frequency to be conducted by a professional engineer.

(c) Required to notify the department at least thirty days in advance of when periodic inspections are scheduled to allow department engineers to participate in the inspection.

(d))) (2) Owners are required to submit a copy of the ((engineering report(s))) annual inspection checklist and other documents which contain the findings((, conclusions, and recommendations)) resulting from the ((periodic)) annual inspection within thirty days following the completion ((of the various documents)).

(((2) In order to correct safety deficiencies and exigency conditions, owners are required to take actions and make modifications as prescribed by the department to preserve the structural stability and integrity of the project and attain levels of safety in accordance with accepted engineering practice.

(3) The department may elect to conduct periodic inspections of particular projects to reasonably secure safety to life and property.

(a) The department will give at least thirty days advance notice of the date of the periodic inspection and advise the owner of any requirements such as gates or valves that are to be operated during the inspection.

(b) Owners are required to develop an Operation and maintenance manual (WAC 173-175-500) and an Emergency action plan (WAC 173-175-520) within one hundred eighty days following completion of a periodic inspection conducted by the department.))

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-510, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-520   Emergency action plans.   (1) In those cases where a failure of the dam could pose a threat to life (downstream hazard classes 1A, 1B, 1C, and 2), the owner shall develop and maintain an emergency action plan (EAP) acceptable to the department.

(a) The EAP shall describe procedures for responding to unusual or emergency situations and procedures for detecting, evaluating, communicating, and initiating notification or warning of individuals who may be at risk in downstream and upstream areas. Information on the development of an EAP is contained within the department's Dam Safety Guidelines.

(b) It shall be the duty and responsibility of the owner to implement the EAP when conditions warrant and to follow the method and schedule contained within the EAP.

(c) ((For dams constructed before July 1, 1992, owners are required to develop an EAP and to submit it to the department for review and acceptance by December 31, 1997.

(i))) Owners are required to coordinate the development of the EAP with representatives from the local emergency services staff, state department of community development, emergency management division, and appropriate local authorities.

(((ii))) (d) Copies of the completed EAP must be provided to the state emergency management division, local emergency services office, and to the department.

(2) Any proposed changes to the EAP which could have an affect on public or project safety must be submitted to the department for review and acceptance before implementation.

(3) Owners are required to exercise components of the EAP as needed to confirm the viability of the plan.

(4) The department will coordinate and solicit review comments from the local emergency services office and the state emergency management division on the acceptability of proposed EAPs. Those comments will constitute the primary basis for accepting or requesting modifications to a proposed EAP.

(5) The EAP must be updated within one hundred eighty days after a periodic inspection has been completed by the department.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-520, filed 6/1/92, effective 7/2/92.]


AMENDATORY SECTION(Amending Order 91-17, filed 6/1/92, effective 7/2/92)

WAC 173-175-620   Enforcement.   (1) In enforcement of this chapter, the department may impose such sanctions as appropriate under authorities vested in it, including but not limited to, the issuance of regulatory orders under RCW 86.16.081 and 43.27A.190 and civil penalties under RCW 86.16.081 and 90.03.600.

(2) Any dam which is found to be under construction or recently constructed without prior approval of the plans and specifications is in violation of RCW 90.03.350 and will be presumed to be a public nuisance. The owner will not be allowed to fill the reservoir or continue to operate the reservoir until the structural integrity and safety of the facility can be demonstrated to the satisfaction of the department. In addition:

(a) Regulatory orders may be issued to enforce the restriction of reservoir filling and fines may be levied at one hundred to five thousand dollars per day ((up to an amount equal to one hundred fifty percent of the amount the owner would have been charged under the construction permit fee schedule listed in this chapter));

(b) Owners are required to submit as-built drawings and all available documentation describing the manner in which the dam or portion thereof was constructed;

(c) If the structural integrity and safety of a dam project cannot be demonstrated or confirmed to the satisfaction of the department, the owner shall not commence or resume normal operation of the project until all outstanding issues or problems are resolved to the satisfaction of the department. To accomplish the above, the department may:

(i) Order the outlet works to remain fully open and not allow filling of the reservoir;

(ii) Restrict reservoir water levels or reservoir operation;

(iii) Order the breaching of the impounding barrier;

(iv) Take other measures as appropriate to reasonably assure safety to life and property.

(d) If, in the opinion of the department, the owner is unwilling or incapable of resolving the outstanding safety issues in a timely manner, the department may take action to have the dam abated as prescribed by law under RCW 90.03.350.

(3)(a) In order to correct safety deficiencies and exigency conditions as identified by the department on existing dams, owners are required to take actions as prescribed by the department to preserve the structural stability and integrity of the project and attain levels of safety in accordance with accepted engineering practice.

(b) If the owner does not take action to correct safety issues in a timely manner, regulatory orders may be issued to require modifications, and to restrict the filling of the reservoir until all outstanding issues or problems are resolved to the satisfaction of the department.

(c) If the owner continues to be unwilling or incapable of resolving the outstanding safety issues, the department may take action to have the dam abated as prescribed by law under RCW 90.03.350.

[Statutory Authority: RCW 43.21A.064, [43.21A.]080 and 86.16.061. 92-12-055 (Order 91-17), 173-175-620, filed 6/1/92, effective 7/2/92.]

PART SIX

PERIODIC INSPECTION PROGRAM
NEW SECTION
WAC 173-175-705   Periodic inspection by the department.   (1) As authorized by RCW 43.21A.064, the department has the authority to conduct routine periodic inspections of all existing dams with high and significant downstream hazard classifications to reasonably secure safety to life and property.

Dams with high downstream hazard classifications will be inspected every five years.

Dams with significant downstream hazard classifications will be inspected every five years, or ten years if workload or staffing necessitates a longer cycle between inspections.

Dams classified as low hazard are not included in the periodic inspection program.

(a) The department will give at least thirty days notice of the date of the periodic inspection and advise the owner of any requirements such as gates or valves that are to be operated during the inspection.

(b) Fees shall be charged for periodic inspections conducted by the department. The amount of the fee and owner requirements for the fee payment are described in WAC 173-175-755 through 173-175-775.


Dam classification

(2) The downstream hazard classification of existing dams shall be determined by the department in accordance with WAC 173-175-130, Table 3.

(3) The classification of each dam shall be reviewed during each periodic or other inspection and may be changed as the result of such inspection.


Components of a periodic inspection

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

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

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

(c) Evaluation of the safety of the dam and its appurtenances, which may include assessment of the hydrologic and hydraulic capabilities, structural stabilities, seismic stabilities, and any other condition which could constitute a hazard to the integrity of the structure;

(d) Evaluation of the downstream hazard classification;

(e) Evaluation of the operation, maintenance, and inspection procedures employed by the owner and/or operator; and

(f) Review of the emergency action plan for the dam including review and/or update of dam breach inundation maps.

(5) The department shall prepare a written safety inspection report that describes the findings from the inspection and lists remedial actions that must be taken to ensure the continued safety of the dam.

(6) The department shall provide the dam owner with a copy of the written report of the periodic inspection. The dam owner must correct any identified safety deficiencies in a timely manner.

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NEW SECTION
WAC 173-175-725   Nonroutine inspections by department.   (1) The department may perform nonroutine inspections of dams with any downstream hazard classification, separate from the periodic inspection program. The purposes for these inspections include, but are not limited to, the following:

(a) Determining downstream hazard classification;

(b) Condition inspections during or immediately after emergencies such as floods or earthquakes;

(c) When problems or conditions arise that may pose a threat to the integrity of the dam;

(d) Obtaining routine monitoring data and information;

(e) Surficial inspections of low hazard dams.

(2) No fees shall be charged to the dam owner for nonroutine inspections.

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NEW SECTION
WAC 173-175-735   Inspection at public request.   (1) The department may inspect a dam if a complaint from the public is received that states that a dam:

(a) Impounds ten or more acre-feet of water at the dam crest level; and

(b) Is endangering public safety or property, or has been constructed without prior department approval.

(2) The department shall provide a copy of the written report of findings to the complainant and dam owner.

(3) The dam owner shall be required to correct any identified safety deficiencies or exigency conditions in a timely manner.

(4) Dams found to be under construction or recently built without prior approval of the plans and specifications will be subject to enforcement actions as described under WAC 173-175-620(2).

(5) No fees shall be charged to the dam owner for inspections at public request.

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PART SEVEN

PERIODIC INSPECTION FEES
NEW SECTION
WAC 173-175-755   Periodic inspection fees.   The department is required by RCW 90.03.470(8) to collect in advance the actual cost, including the expense incident thereto, of the inspection of any dam to insure safety to life and property. Fee amounts contained in this section represent the department's true estimate of the cost of performing periodic dam safety inspections as described in WAC 173-175-705, and reflect the department's commitment to fully recover all eligible expenses.

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NEW SECTION
WAC 173-175-765   Periodic inspection fee schedule.   (1) The inspection fee amounts are based on the downstream hazard classification of the dam, as determined by the department, and incorporate the fiscal growth factor calculated under chapter 43.135 RCW. The inspection fees for each five-year inspection are prorated on an annual basis.

(a) Equation 1 below is used to calculate the annual inspection fees.


Annual Inspection Fee = (COSTFGF) (Cycle) Equation 1

Where:

(i) Cycle = number of years between inspections, with five years being the minimum.

(ii) FGF = an annual fiscal growth factor expressed as a percentage, as determined under chapter 43.135 RCW.

(iii) COSTFGF = cost of inspection in dollars including a fiscal growth factor. The cost is obtained by multiplying the inspection cost in the preceding year by the current year's fiscal growth factor as follows:


COSTFGF = Previous year's cost x [1 + (FGF)] Equation 2

(b) For implementation of the fiscal growth factor, the base year for dam inspection fees will be fiscal year 2004, ending June 30, 2004. In the base year, the FGF will be zero.

(c) The cost for an inspection by the department in the base year will be as follows:

(i) $3440.00 for dams with high downstream hazard classifications, with a prorated annual fee of $688.00 for a five-year inspection cycle.

(ii) $2500.00 for dams with significant downstream hazard classifications, with a prorated annual fee of $500.00 if a five-year inspection cycle is implemented, or $250.00 if a ten-year inspection cycle is implemented.

(2) Inspection fee for impoundments with multiple dams. For reservoirs or impoundments with a main dam and one or more saddle dams, a single annual inspection fee will be charged for the facility. The dam with the highest downstream hazard rating will be used for fee computation.

(3) Inspection fee for multicell impoundments. For multicell impoundments, such as wastewater lagoons, where two or more cells are located side-by-side or share a common embankment, a single annual inspection fee will be charged for the facility. The cell with the highest downstream hazard classification will be used for fee computation.

(4) Inspection fee for nonroutine inspections. For nonroutine inspections as described in WAC 173-175-725, no fees will be charged to the dam owner.

(5) Inspection fee for inspections at public request. For inspections done at public request, as described in WAC 173-175-735, no fees will be charged to the dam owner.

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Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 173-175-775   Periodic inspection fee computation.   (1) The department shall charge inspection fees based on the fee schedule contained in WAC 173-175-765. After July 1st of each year, the department shall publish the adjusted fees by providing notice on its internet site, and by providing written notification by mail or electronic mail to owners of high and significant hazard dams. The inspection fees must be received by the department within forty-five days after the department mails a billing statement.

(2) Inspection fee computation. Computation of fees shall begin on the first day of each fiscal year. In the case of new dams not previously covered by the inspection program, fee computation begins on the first day of each fiscal year following completion of construction.

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NEW SECTION
WAC 173-175-785   Periodic inspection fee payments.   (1) The applicable inspection fee shall be paid by check or money order payable to the department of ecology and mailed to the following address:


Department of Ecology

Dam Safety Inspection Fee Program

P.O. Box 5128

Lacey, Washington 98509-5128.


(2) In the event a check is returned due to insufficient funds, the department shall consider the inspection fee to be unpaid.

(3) Delinquent accounts. Dam owners are considered delinquent in the payment of fees if the fees are not received by the first invoice billing due date. Delinquent accounts will be processed in the following manner:

(a) Municipal and government entities shall be notified by certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Regulatory orders may be issued to enforce a restriction of reservoir filling until all delinquent fees are paid on accounts that remain delinquent after ninety days.

(b) Nonmunicipal or nongovernment dam owners shall be notified by the department by certified mail that they have one hundred eighty days to bring the delinquent account up-to-date. Accounts that remain delinquent after one hundred eighty days may be turned over for collection. In addition, a surcharge totaling twenty percent of the delinquent amount owed will also be added. The surcharge is to recover the costs for collection. If the collection agency fails to recover the delinquent fees after twelve months, the department may issue regulatory orders to enforce restriction of reservoir filling until all delinquent fees are paid.

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NEW SECTION
WAC 173-175-795   Periodic inspection fees for transfer of ownership or control.   The department shall charge inspection fees from the dam owner on record with the department. In the event that ownership or control of a dam is transferred, it shall not be the responsibility of the department to transfer funds between a new and previous dam owner, and the department shall not refund fee charges prospectively in the event of a transfer. Fees paid by a previous dam owner shall be deemed to satisfy the corresponding fee payment requirements of a new dam owner. Agreements between a new and previous dam owner are not binding on the department.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 173-175-070 Effective date.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office