The dam may be brought into compliance either by addressing any deficiencies or by addressing the hazard potential. General options are as follows:
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a. Upgrade the dam if needed: You will be required to retain an Engineer of Record to submit design plans for addressing any deficiencies with the dam. Once the design plans have been approved and implemented, the dam will remain Category I and should be inspected on a regular basis to ensure it is being maintained properly and remains in compliance. Owners are required to perform routine inspections, maintain the dam, and address any deficiencies if they arise.
b. Breach the dam: Owners are required to fill out a breach application and retain an Engineer of Record to submit design plans for safely breaching the dam. Once the plans are approved and the dam has been breached, owners will have no further responsibilities relating to the Act and Rules.
c. Modify the dam so that there will be no probable loss of life risk downstream: Owners are required to retain an Engineer of Record to perform an extended dam failure flood study to identify all potential structures at risk and submit design plans for the necessary modifications to the dam such that a probable loss of life no longer exists. Once the flood study and design plans have been approved and the modifications implemented, the dam may be reclassified either Category II (low hazard) or exempt at the EPD Director&#;s discretion.
d. Remove or modify the downstream structure(s) at risk: Owners are required to retain an Engineer of Record to perform an extended dam failure flood study to identify all potential structures at risk. All identified structures will have to be permanently removed from the dam failure flood zone or in some cases may be flood-proofed (design plans for flood-proofing would have to be reviewed and approved by the Safe Dams Program). Once the structures have been removed or adequately flood-proofed, the dam may be reclassified Category II at the EPD Director&#;s discretion.
The responsibility for maintaining a safe dam rests with its owner. The owner must understand the laws and regulations associated with proper dam maintenance and the procedures for keeping these structures safe. Dam owners are also responsible for maintaining safety at and around their dam. It is important to limit trespassing including considering fencing alternatives along high spillway walls and reducing access around dangerous water hydraulics. Proper operation, maintenance, repair and rehabilitation of a dam are key elements in preventing a failure, limiting your liability and maintaining your water resource. One of the most important procedures for ensuring proper maintenance of the dam is procuring the services of a Professional Engineer. A Professional Engineer is one who has been certified by the state and the industry according to their tested ability, schooling and experience.
All dams meeting government regulatory definitions &#; no matter what their size or level of engineering &#; will deteriorate with time. Periodic inspection, proper maintenance and occasional repair and rehabilitation are inevitable. An owner needs the expertise of an engineer to perform inspections or evaluate and undertake corrective measures at a dam. An engineer can investigate the problem and recommend a course of action which may include the design of corrective measures and the preparation of construction plans and specifications. The engineer also can assist in selecting a contractor and will provide valuable construction inspection services.
It is essential to select someone with a Professional Engineer (P.E.) license, with a background in civil engineering, who is competent and experienced in the field of dam safety.
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Important criteria to look for in a prospective engineer include the following:
It is important to use the Qualification-Based approach to selecting an engineer. Qualification-Based means that the knowledge, experience and ingenuity of the engineer are the determining factors in making the selection. This strategy is advantageous when the owner is uncertain about the exact problem or the best solution to the problem. When Qualification-Based selection is used, several engineering firms submit their technical qualifications, experience with similar projects, reputation with existing clients and any other factors pertaining to the specific project. The owner then selects the three to five most qualified firms to make brief presentations outlining a cost-effective and innovative approach to the problem. Based upon these presentations, the owner chooses the most qualified engineer to develop a scope of work. When agreement on the scope of work is achieved, the engineer and the owner negotiate a price that is fair and reasonable to both parties. If an agreement cannot be reached, negotiations start with the second-ranked engineer. In this selection process, price is a factor, but only after the most qualified engineer has been identified.
Fee-Based selection means the engineer&#;s fee is the only determining factor in making the selection. This is not the recommended selection procedure. It is only advantageous when the owner, in conjunction with their State Dam Safety Program, knows exactly what is needed and can clearly define the scope of work before meeting with an engineer. In this case, the engineer is requested to prepare the designs and bid documents or conduct investigations as the owner specifies. A strict Fee-Based selection often means the engineer selected may not be qualified to do the work, especially if the bidding is open to anyone and/or the scope of work is poorly defined.
Carefully consider your selection of an engineer. A little work on your part in selecting the engineer may save you money in the future.
Request references and a portfolio from the engineer. Contact the references of owners and contractors to discuss the engineer&#;s performance. Look at projects that have been completed under the engineer&#;s leadership. Request to review state files of projects an engineer has undertaken to see if the process went smoothly. Maintain an open line of communication with regulatory agencies, particularly your State Dam Safety Program. They may be unable to recommend one engineer over another but they can give an assessment of their previous work. Discuss an engineer&#;s recommended course of action to verify that regulatory requirements will be satisfied. Educate yourself in the basics of dam safety and be knowledgeable regarding the laws you must meet.
The Dam Owner Academy is a series of videos to educate and inform owners on all aspects of operating and maintaining a dam safely. The videos concisely present the critical basics of owner responsibilities and are available as a free resource for owners and those conducting owner outreach programs.
The 'Hiring an Experienced and Qualified Dam Engineer' video should help answer some of your questions and guide you through the hiring process.
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