(a) Periodic engineering inspections by the executive director.

(1) The executive director may enter any person's property at any time for the purpose of inspecting any dam to determine if the dam is being maintained in a safe manner.

(2) The executive director shall perform periodic engineering inspections of dams based on hazard classification, as defined in §299.14 of this title (relating to Hazard Classification Criteria), on the following frequency. (A) High-hazard dams shall be inspected once every five years. (B) Significant-hazard dams shall be inspected once every five years. (C) Large dams, as defined in §299.13 of this title (relating to Size Classification Criteria), in the low-hazard classification shall be inspected once every five years. (D) Small and intermediate dams, as defined in §299.13 of this title, in the low-hazard classification shall not be included in the periodic inspection program. These dams may be inspected for the purposes of: (i) determining hazard classification; (ii) assessing condition of the dam following an emergency such as a flooding event; (iii) assessing condition of the dam that could threaten the integrity of the dam as a result of a request by the owner; (iv) assessing the condition of the dam as a result of a complaint; or (v) assessing the condition of a dam as a result of a request from someone other than the owner.

(3) The executive director's engineering inspection may consist of: (A) conducting a visual inspection and evaluation of the condition of the dam and appurtenant structures, the downstream area, and any other areas affected by the dam; (B) taking measurements of elevations, dimensions, slopes, and locations of the dam and appurtenant structures; (C) taking photographs for documentation; (D) conducting an evaluation of the hazard classification to determine if the classification should be changed as a result of the inspection; (E) reviewing and evaluating the owner's operation, maintenance, and inspection programs and all other records; and (F) reviewing the owner's emergency action plan, including the gate operation plan if applicable.

(4) The executive director shall prepare a written inspection report that provides the findings from the inspection and lists recommendations for actions to be taken to assist the owner in maintaining the continued integrity, safety, and operation of the dam. The executive director may require the owner to have the owner's professional engineer perform hydrologic, hydraulic, or structural evaluations of the dam as described in Subchapter B of this chapter (relating to Design and Evaluation of Dams). The executive director shall provide the owner with a copy of the written report, or letter, as soon as practical after the inspection.

(5) The owner shall provide a written response to the executive director, if requested, and include a plan of action with time frames for addressing all of the executive director's recommendations from the inspection.

(b) Inspections by the owner.

(1) The owner, or the owner's representative, shall inspect the dam and appurtenant structures on a regular time frame as part of the owner's operation and maintenance procedures, as defined in §299.43 of this title (relating to Operation and Maintenance), following significant rainfall events, and during emergency events as described in §299.61 of this title (relating to Emergency Action Plans). The owner or the owner's representative shall perform maintenance inspections at least once a year.

(2) The owner shall notify the executive director by telephone or electronic mail within 72 hours and in writing within five working days after becoming aware of any problems or damage that pose a significant threat to the dam's safety, integrity, or operation.

(3) The owner shall submit a copy of all engineering inspection reports prepared by the owner's professional engineer under this section to the executive director for review within 45 calendar days after receipt of the report from the professional engineer. The report prepared by the owner's professional engineer must consist of the inspection date, description of the items observed during the inspection, the findings, and recommendations.

(4) The owner may elect to have an engineering inspection by a professional engineer more frequently than described in subsection (a)(2) of this section. The executive director may use the engineering inspection report prepared for the owner by the professional engineer in lieu of making a periodic inspection as described in subsection (a)(2) of this section. A report prepared by a professional engineer with the Federal Energy Regulatory Commission, Natural Resources Conservation Service, Bureau of Reclamation, Corps of Engineers, or Mine Safety and Health Administration may also be used in lieu of the periodic inspection described in subsection (a)(2) of this section.

Source Note: The provisions of this §299.42 adopted to be effective January 1, 2009, 33 TexReg 10465