R 281.1309 Inspection schedule.

Rule 9. Inspection reports that are prepared pursuant to the provisions of R 281.1310 are due on a calendar year basis. The department shall notify the dam owner of the due date, by certified mail, not later than January 31 of the year in which the inspection report is due. In establishing an inspection schedule, as authorized pursuant to the provisions of section 37(2) of the act, the department shall compile an alphabetical listing of dams in each hazard potential classification of high, significant, and low. The inspection schedule shall be established based on the following provisions: (a) For high hazard potential dams, every third dam in the alphabetical listing of these dams shall be inspected each year as follows: (i) The first, fourth, seventh, tenth, and so on dam in the alphabetical listing will be due for inspection the first year. (ii) The second, fifth, eighth, eleventh, and so on dam in the alphabetical listing will be due for inspection the second year. (iii) The third, sixth, ninth, twelfth, and so on dam in the alphabetical listing will be due for inspection the third year. (iv) The cycle shall be repeated every 3 years. (b) For significant hazard potential dams, every fourth dam in the alphabetical listing of these dams shall be inspected each year as follows: (i) The first, fifth, ninth, thirteenth, and so on dam in the alphabetical listing shall be due for inspection the first year. (ii) The second, sixth, tenth, fourteenth, and so on dam in the alphabetical listing shall be due for inspection the second year. (iii) The third, seventh, eleventh, fifteenth, and so on dam in the alphabetical listing shall be due for inspection the third year. (iv) The fourth, eighth, twelfth, sixteenth, and so on dam in the alphabetical listing shall be due for inspection the fourth year. (v) The cycle shall be repeated every 4 years. (c) For low hazard potential dams, every fifth dam in the alphabetical listing of these dams shall be inspected each year as follows: (i) The first, sixth, eleventh, sixteenth, and so on dam in the alphabetical listing shall be due for inspection the first year. (ii) The second, seventh, twelfth, seventeenth, and so on dam in the alphabetical listing shall be due for inspection the second year. (iii) The third, eighth, thirteenth, eighteenth, and so on dam in the alphabetical listing shall be due for inspection the third year. (iv) The fourth, ninth, fourteenth, nineteenth, and so on dam in the alphabetical listing shall be due for inspection the fourth year. (v) The fifth, tenth, fifteenth, twentieth, and so on dam in the alphabetical listing shall be due for inspection the fifth year. (vi) The cycle shall be repeated every 5 years. (d) Depending on its hazard potential classification, a new, reconstructed, or enlarged dam shall be scheduled for inspection 3, 4, or 5 years after the date of written notice of final project approval as required pursuant to the provisions of section 35(2) of the act or 3, 4, or 5 years after the expiration date of the permit if final approval cannot be granted. The cycle shall be repeated every 3, 4, or 5 years according to the dam's hazard potential classification. (e) If the hazard potential classification of a dam changes, its next inspection shall be scheduled based on the date of its previous inspection and the cycle of inspections required for the new hazard potential rating. (f) If an existing dam is discovered that falls under the authority of the act, it shall be added to the end of the appropriate alphabetical listing, and its first inspection shall be scheduled based on the system described in subdivisions (a) to (c) of this rule. If the department determines that a condition may exist that endangers the dam, an inspection shall be required immediately. (g) The department may alter the inspection schedule in consideration of the dates of recent inspections and department-permitted and approved repairs and alterations. (h) Owners of more than 1 dam may request that the department schedule their inspection reports to be due the same year if the dams have the same hazard potential classification.