Ohio Admin. Code 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
is to
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 are to
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 will 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 will 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
take 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 will 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 chief's 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.
Notes
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, 05/18/2023
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