Bill Text: CT HB05130 | 2012 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Dam Safety Program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-05-09 - Senate Calendar Number 545 [HB05130 Detail]
Download: Connecticut-2012-HB05130-Comm_Sub.html
General Assembly |
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February Session, 2012 |
*_____HB05130ENV___032612____* |
AN ACT CONCERNING THE DAM SAFETY PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-401 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
All dams, dikes, reservoirs and other similar structures, with their appurtenances, without exception and without further definition or enumeration herein, which, by breaking away or otherwise, might endanger life or property, shall be subject to the jurisdiction conferred by this chapter. The Commissioner of Energy and Environmental Protection shall formulate all rules, definitions and regulations necessary to carry out the provisions of this chapter and not inconsistent therewith. The commissioner or his authorized representatives may enter upon private property to make such investigations and gather such data concerning dams, watersheds, sites, structures and general conditions as may be necessary in the public interest for a proper inspection, review and study of the design and construction of such structures and of the environmental impact of such structures on the inland wetlands of the state. The commissioner may, when necessary, employ or make such agreements with geologists, other engineers, expert consultants and such assistants as may be reasonably necessary to carry out the provisions of this chapter. [The owner of any dam, dike or similar structure under the jurisdiction conferred by this chapter shall notify the commissioner, by registered or certified mail return receipt requested, of the transfer of ownership of any such dam, dike or similar structure not later than ten days after the date of such transfer.]
Sec. 2. Subsection (b) of section 22a-403 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(b) The commissioner or his representative, engineer or consultant shall determine the impact of the construction work on the environment, on the safety of persons and property and on the tidal wetlands and inland wetlands and watercourses of the state in accordance with the provisions of sections [22a-36] 22a-28 to 22a-45, inclusive, and shall further determine the need for a fishway in accordance with the provisions of section 26-136, and shall examine the documents and inspect the site, and, upon approval thereof, the commissioner shall issue a permit authorizing the proposed construction work under such conditions as the commissioner may direct. The commissioner shall send a copy of the permit to the town clerk in any municipality in which the structure is located or any municipality which will be affected by the structure. An applicant for a permit issued under this section to alter, rebuild, repair or remove an existing dam shall not be required to obtain a permit under sections [22a-36] 22a-28 to 22a-45a, inclusive, or section 22a-342, 22a-361 or 22a-368. An applicant for a permit issued under this section to construct a new dam shall not be required to obtain a permit under sections [22a-36] 22a-28 to 22a-45a, inclusive, for such construction. An applicant for a dam safety permit shall not be required to obtain approval of a certification under section 25-68d.
Sec. 3. Section 22a-404 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
The [commissioner or his representative] dam owner or his or her representative supervising the work on any dam or other like structure subject to the commissioner's jurisdiction pursuant to this chapter shall [inspect the work or cause it] cause the work to be inspected by a registered professional engineer licensed in the state of Connecticut to the extent necessary to determine whether the structure will be safe and secure. [The] Not later than thirty days after the date the work is completed, the dam owner shall submit to the commissioner a sworn statement from the engineer who completed such inspection. Such sworn statement shall (1) attest that such engineer inspected the work and determined the dam or like structure to be safe within the parameters of the design of such dam or like structure, (2) attest that all appurtenances to such dam or like structure were built, repaired, altered or removed in conformance with plans, specifications and drawings approved by the commissioner pursuant to a permit for construction or an order issued pursuant to section 22a-402, and (3) bear the engineer's professional seal. For a high or significant hazard dam, or if the commissioner determines a sensitive ecological condition exists, the commissioner may [, when in his judgment circumstances warrant,] place a competent inspector on the work, and the compensation for such inspector shall be shared equally by the state and by the owner. When the work has been completed to the satisfaction of the commissioner, the owner shall file with the commissioner plans and descriptions of the work as actually constructed, together with any other pertinent data.
Sec. 4. Section 22a-409 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) The commissioner shall cause a survey and maps to be made of each town showing the location of any dams or similar structures within such town, and shall file a copy of such map with the town clerk. On and after October 1, 2007, the owner of real property where a high hazard or significant hazard dam is located shall cause to be recorded on the land records in the municipality where the property is located a document that identifies the existence of the dam and whether the dam is categorized as a high hazard dam or a significant hazard dam. The commissioner shall publish a standardized form to be used for such purposes.
(b) The owner of any dam or similar structure not already registered shall register on or before [July 1, 1984] October 1, 2014, with the Commissioner of Energy and Environmental Protection on a form prescribed by [him] the commissioner, the location and dimensions of such dam or structure and such other information as the commissioner may require. The fee for registration shall be as follows: (1) Dams or similar structures five feet or more in height but less than fifteen feet, fifty dollars; (2) dams or similar structures fifteen feet or more in height but less than twenty-five feet, one hundred dollars; and (3) dams or similar structures twenty-five feet or more in height, two hundred dollars. Dams or similar structures less than five feet in height shall be registered without fee. As used in this subsection, "height" means the vertical distance from the crest of a dam or similar structure to the downstream toe of such dam or similar structure. The owner of any dam or similar structure shall notify the commissioner by registered or certified mail, return receipt requested, of a transfer of ownership of such dam or similar structure not later than ten days after the date of such transfer.
(c) The owner of any dam or similar structure registered pursuant to subsection (b) of this section shall cause such structure to be inspected in accordance with regulations adopted pursuant to this subsection by a registered professional engineer licensed in the state of Connecticut and shall submit the results of such inspection to the commissioner on a form prescribed by him or her. The commissioner shall periodically inspect dams registered pursuant to subsection (b) of this section for quality assurance when an owner fails to undertake a regularly scheduled inspection and as necessary after a flood event. The fee for any such inspection shall be six hundred sixty dollars until such time as regulations are adopted concerning such inspection fees. Any dam which impounds less than three acre-feet of water or any dam which the commissioner finds has a potential for negligible damage in the event of a failure, after an initial inspection, shall be exempt from the provisions of this subsection except upon determination by the commissioner that such dam poses a unique hazard. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing (1) a schedule for the frequency of and procedures for inspection of dams, (2) the inspection fees for [regularly scheduled] inspections undertaken by the department, sufficient to cover the reasonable cost of such inspections, (3) procedures for registration and criteria for waiver of registration and inspection fees, and (4) criteria for determining whether a dam has a potential for negligible damage in the event of a failure.
(d) The commissioner may audit any inspection report submitted pursuant to this section by the owner of a dam or similar structure. When conducting such audit, the commissioner may request, in writing, any information the commissioner deems necessary to carry out such audit, including additional information or field inspections. If the commissioner determines that the inspection report is materially inaccurate, incomplete or misleading, the commissioner may require that another inspection be independently undertaken by a disinterested registered professional engineer licensed in the state of Connecticut. For purposes of this subsection, "disinterested" means that such engineer (1) does not have any financial interest other than the expectation of reasonable compensation for his or her services, (2) did not engage in any activities associated with the development or preparation of the inspection being audited, and (3) is not under the same employ as the owner of the dam or similar structure or the engineer who performed the inspection being audited. Such independent inspection shall be performed at the expense of the owner of the dam or similar structure. The commissioner shall adopt regulations in accordance with the provisions of chapter 54 establishing the manner in which the owner of the dam or similar structure shall receive notice and appeal the cost of an independent inspection.
Sec. 5. (NEW) (Effective October 1, 2012) The owner of any high or significant hazard dam or similar structure shall develop and implement an emergency action plan. The emergency action plan shall be updated every two years and copies shall be filed with the Commissioner of Energy and Environmental Protection and the chief executive officer of any municipality that would potentially be affected in the event of an emergency. The Commissioner of Energy and Environmental Protection shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, establishing the content of such emergency action plans, including, but not limited to, (1) criteria and standards for inundation studies and inundation zone mapping; (2) procedures for monitoring the dam or structure during periods of heavy rainfall and runoff, including personnel assignments and features of the dam to be inspected at given intervals during such periods; and (3) a formal notification system to alert appropriate local officials who are responsible for the warning and evacuation of residents in the inundation zone in the event of an emergency.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2012 |
22a-401 |
Sec. 2 |
October 1, 2012 |
22a-403(b) |
Sec. 3 |
October 1, 2012 |
22a-404 |
Sec. 4 |
October 1, 2012 |
22a-409 |
Sec. 5 |
October 1, 2012 |
New section |
ENV |
Joint Favorable Subst. |