British Columbia Gazette Part II — B.C. Reg. 108/2011
B.C. Reg. 108/2011
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Volume 54, No. 11
B.C. Reg. 108/2011
The British Columbia Gazette,
Part II
June 14, 2011
B.C. Reg. 108/2011 , deposited June 9, 2011, pursuant to the WATER ACT [section 101 (1), (2), (3), (5) and (8)]. Order in Council 237/2011, approved and ordered June 9, 2011.
On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that
(
a) the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000, is amended as set out in the attached Appendix 1, and
(
b) effective November 30, 2011, the British Columbia Dam Safety Regulation is amended as set out in the attached Appendix 2.
— S. THOMSON, Minister of Forests, Lands and Natural Resource Operations ; S. BOND, Presiding Member of the Executive Council .
Appendix 1
Section 1 of the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000, is amended
(
a) by adding the following
definitions:
"classification" means the dam failure consequences classification of a dam under
Schedule 1;
"dam safety review" means a review carried out by a professional engineer under
section 7 or 14;
"Schedule 2 table" means the table in
section 2 of
Schedule 2; , and
(
b) by repealing the
definitions of " emergency preparedness plan " and " operation, maintenance and surveillance manual " and substituting the following:
"emergency preparedness plan" means
(
a) a plan prepared by a dam owner under
section 3.1 (1) and accepted by a dam safety officer, and
(
b) any revisions to the plan prepared by the dam owner and accepted by a dam safety officer;
"operation, maintenance and surveillance manual" means
(
a) a manual prepared by a dam owner under
section 3 (2) and accepted by a dam safety officer, and
(
b) any revisions to the manual prepared by the dam owner and accepted by a dam safety officer; .
Section 2 (1) (
d) is amended by striking out " downstream consequence classification under
Schedule 1 of low, high or very high. " and substituting " classification of significant, high, very high or extreme. "
Section 3 is amended
(
a) by repealing subsection (1) (
c) and substituting the following:
(
c) any order made by the comptroller, a regional water manager or an engineer under the Act or this regulation or any requirement specified by a dam safety officer under this regulation; ,
(
b) in subsection (1) (
d) by striking out " that has been prepared and accepted in accordance with subsection (2) (a); " and substituting " for the dam; ",
(
c) in subsection (1) (
e) by striking out " that has been prepared and accepted in accordance with subsection (2) (b). " and substituting " for the dam. " ,
(
d) by repealing subsection (2) and substituting the following:
(2) A dam owner of a dam that has a classification of significant, high, very high or extreme must, in the form and manner and within the time period specified by the comptroller or regional water manager,
(
a) prepare a manual that describes the dam owner's operation, maintenance and surveillance procedures for the dam, and
(
b) submit the manual to a dam safety officer for acceptance by the dam safety officer. ,
(
e) in subsection (3) by striking out " plan or ", and
(
f) by adding the following subsection:
(3.1) A dam owner of a dam that has a classification of significant, high, very high or extreme must
(
a) review, and revise if necessary, the operation, maintenance and surveillance manual for the dam no less frequently than is specified for the classification of the dam in item 6 in the
Schedule 2 table, and
(
b) submit any revisions to a dam safety officer for acceptance by the dam safety officer.
4 The following sections are added:
Emergency preparedness plan
3.1
(1) A dam owner of a dam that has a classification of significant, high, very high or extreme must, in the form and manner and within the time period specified by the comptroller or regional water manager,
(
a) prepare a plan that describes the actions to be taken by the dam owner in the event of an emergency at the dam, and
(
b) submit the plan to a dam safety officer for acceptance by the dam safety officer.
(2) Subsection (1) applies whether or not there is a term or condition in an approval granted or licence issued that requires the preparation of such a plan for the dam.
(3) A dam owner of a dam that has a classification of significant, high, very high or extreme must
(
a) review, and revise if necessary, the emergency preparedness plan for the dam no less frequently than is specified for the classification of the dam in items 5 and 6 in the
Schedule 2 table, and
(
b) submit any revisions to a dam safety officer for acceptance by the dam safety officer.
Change of classification
3.2 If the classification of a dam changes, a dam owner must, in a timely manner,
(
a) meet the requirements of this regulation that apply in respect of the new classification, and
(
b) review, and revise if necessary, the operation, maintenance and surveillance manual and the emergency preparedness plan, if any, for the dam and submit any revisions to a dam safety officer for acceptance by the dam safety officer.
Section 4 (3) is repealed and the following substituted:
(3) On completion of an alteration, improvement or replacement to all or any part of a dam, a dam owner must, in a timely manner,
(
a) submit to a dam safety officer a report on the work and the manner in which the alteration, improvement or replacement was performed, and
(
b) review, and revise if necessary, the operation, maintenance and surveillance manual and the emergency preparedness plan, if any, for the dam and submit any revisions to a dam safety officer for acceptance by the dam safety officer.
6 Sections 5, 6 and 7 are repealed and the following substituted:
Inspections and tests
5 A dam owner must do all of the following:
(
a) inspect the dam and dam site no less frequently than is specified for the classification of the dam in items 1 and 2 in the
Schedule 2 table in order to assess the condition of the dam during the construction, operation or alteration of the dam;
(
b) test the operation of the outlet facilities, spillway gates and other mechanical components of the dam no less frequently than is specified for the classification of the dam in item 4 in the
Schedule 2 table;
(
c) record the results of every inspection or test performed under this section;
(
d) comply with
section 7.1 or 8, if applicable.
Reporting
(1) If an inspection or test is carried out under
section 5 or any other inspection, test or review is carried out with respect to a dam, a dam owner must, if required by a dam safety officer, submit to the dam safety officer, in the form and manner and within the time period specified by the dam safety officer,
(
a) a record of the results of the inspection, test or review, and
(
b) the results and analysis of any test or measurement taken including, but not limited to,
(
i) instrumentation readings and analysis,
(ii) visual records or observations,
(iii) drawings,
(iv) soil, aggregate and concrete test results, and
(
v) any other test results.
(2) Despite subsection (1), if an inspection, test or review carried out with respect to a dam reveals a potential safety hazard referred to in
section 7.1 or a hazardous condition referred to in
section 8, a dam owner must promptly submit to a dam safety officer the records referred to in subsection (1).
(3) A dam owner must, if required by a dam safety officer, submit to the dam safety officer copies of the following records relating to the design, construction or alteration of the dam:
(
a) all design notes, drawings and specifications;
(
b) hydraulic, hydrologic, geological and geotechnical data;
(
c) reports and other similar records.
Review of downstream conditions
6.1 A dam owner must
(
a) annually conduct a review of conditions downstream of the dam to assess whether there has been any change to the classification of the dam, and
(
b) immediately notify a dam safety officer if there has been a change to the classification of the dam.
Dam safety review and report
(1) A dam owner of a dam that has a classification of high, very high or extreme must, no less frequently than is specified for the classification of the dam in item 7 in the
Schedule 2 table,
(
a) have a professional engineer with qualifications and experience in dam safety analysis,
(
i) carry out a review, in accordance with the requirements of the comptroller or regional water manager,
(
A) to determine whether the dam is safe, and
(
B) if it is determined that the dam is not safe, to determine what actions are required to make the dam safe; and
(ii) prepare, in the form and manner specified by the comptroller or regional water manager, a dam safety report, and
(
b) submit to a dam safety officer, for acceptance by the dam safety officer, a copy of the dam safety report prepared by the professional engineer.
(2) Despite subsection (1), if a dam classification increases due to an increase in the consequences of a failure of the dam, other than an increase from a low classification to a significant classification, the dam owner must meet the requirements of paragraphs (
a) and (
b) of subsection (1) no later than 2 years from the earlier of the following dates:
(
a) the date on which a dam safety officer notifies the dam owner of the change in classification;
(
b) the date on which the dam owner notifies a dam safety officer of the change in classification;
unless the comptroller, regional manager or a dam safety officer specifies that the requirements must be met by another date.
(3) For the purposes of subsections (1) and (2), if a dam owner meets the requirements of paragraphs (
a) and (
b) of subsection (1) on or before December 31 of the year in which the requirements must be met under those subsections, the dam owner is deemed to have met the requirements within the time required.
(4) After completion of a dam safety review the dam owner must comply with
section 7.1 or 8, if applicable.
Potential safety hazard at a dam
7.1 If
(
a) an inspection or test under
section 5,
(
b) a dam safety review,
(
c) monitoring, under
section 11, the instrumentation installed at a dam, or
(
d) any other inspection, test or review carried out with respect to a dam
reveals a potential safety hazard to which
section 8 does not apply, a dam owner must prepare a plan that identifies and prioritizes any actions required to correct the potential safety hazard and, in accordance with
section 4, if applicable, must implement the plan in a timely manner based on the priorities identified in the plan.
Section 10 is amended
(
a) in subsection (1) by striking out " if requested by a dam safety officer, provide " and substituting " if required by a dam safety officer, submit to the dam safety officer ",
(
b) in subsection (2) by striking out " requested " and substituting " required ", and
(
c) by adding the following subsection:
(4) If a dam owner conducts an investigation that involves drilling, trenching, excavating a test pit or other invasive activity within the dam or in close proximity to the dam, the dam owner must ensure that the activity is directly supervised by a professional engineer with qualifications and experience in dam design, construction and analysis.
Section 11 is amended
(
a) in paragraph (
b) by striking out " monitor, ",
(
b) by adding the following paragraph:
(b.1) monitor the instrumentation installed at a dam no less frequently than is specified for the classification of the dam in item 3 in the
Schedule 2 table; ,
(
c) in paragraph (
c) by striking out " submit instrumentation readings and evaluations to a dam safety officer, " and substituting " if required by a dam safety officer, submit to the dam safety officer instrumentation readings and evaluations ",
(
d) by adding the following paragraph:
(c.1) comply with
section 7.1 or 8, if applicable; , and
(
e) in paragraph (
d) by striking out " for approval by " and substituting " for acceptance by ".
Section 12 (1) is amended by adding " independent " before " expert ".
10 The following sections are added:
Acceptance by dam safety officer
(1) If a record that is submitted under this regulation by a dam owner to a dam safety officer for acceptance by the dam safety officer is not in a form that is acceptable to the dam safety officer, the dam safety officer may return the record to the dam owner together with a written notice specifying the deficiencies in the record and requiring that they be corrected.
(2) If a dam safety officer provides a written notice to a dam owner under subsection (1)
(
a) the dam owner must correct the deficiencies identified in the notice in a timely manner, and
(
b) the dam safety officer is not required to accept the record referred to in subsection (1) until the dam owner has corrected the deficiencies set out in the notice.
Transition - dam safety review and report
(1) Despite
section 7, if a dam
(
a) had a downstream consequence classification of low or very low under this regulation as it read immediately before the date on which this subsection comes into force, and
(
b) has a classification of significant, high, very high or extreme on the date when this subsection comes into force,
the dam owner must meet the requirements of paragraphs (
a) and (
b) of
section 7 (1) no later than 2 years from the date this subsection comes into force.
(2) Despite
section 7, subsection (3) applies to a dam if
(
a) the dam had a downstream consequence classification of high or very high under this regulation as it read immediately before the date on which this subsection comes into force,
(
b) the dam has a classification of extreme on the date when this subsection comes into force, and
(
c) on the date when this subsection comes into force, the immediately preceding dam safety review in respect of the dam was conducted in a year set out in column 1 of the table in subsection (3).
(3) For the purposes of subsection (2), the dam owner must meet the requirements of paragraphs (
a) and (
b) of
section 7 (1) no later than the date specified in column 2 in the table below opposite the year in which the immediately preceding dam safety review was conducted as set out in column 1 of the table below:
Column 1
Column 2
Item
Year of immediately preceding dam safety review
Date by which requirements in paragraphs (
a) and (
b) of
section 7 (1) must be met
2001 or 2002
10 years from the date on which the dam safety report in respect of the immediately preceding review was submitted to a dam safety officer.
2003, 2004 or 2005
2 years from the date subsection (2) comes into force.
2006 and thereafter
The date specified for the classification of the dam in item 7 in the
Schedule 2 table.
(4) For the purposes of subsections (1) and (3), if a dam owner meets the requirements of paragraphs (
a) and (
b) of
section 7 (1) on or before December 31 of the year in which the requirements must be met under those subsections, the dam owner is deemed to have met those requirements within the time required.
11 Schedules 1 and 2 are repealed and the following substituted:
Schedule 1
(sections 1, 2 (1) (d), 3 (2) and (3.1), 3.1 (1) and (3), 3.2, 5, 6.1, 7, 11 (b.1) and 14)
Dam Classification
Definitions
1 In this Schedule:
"category" , with respect to consequences of failure, means one of the following:
(
a) loss of life;
(
b) environment and cultural values;
(
c) infrastructure and economics;
"consequences of failure" means losses or damages that
(
a) are caused by the failure of a dam, and
(
b) result from impacts on areas that are at the dam or are downstream or upstream of the dam;
"failure" , in respect of a dam, means the partial or complete collapse of the dam and the uncontrolled release of all or part of the water stored by the dam, caused by either flood-induced failure or non flood-induced failure;
"flood-induced failure" means a dam failure that is caused by a natural flood of a magnitude that is greater than the magnitude that the dam can pass at the time of the failure;
"non flood-induced failure" means a dam failure that occurs during normal dam operation that is caused by conditions such as internal erosion, piping, an earthquake or an error in operation leading to overtopping.
Determination of classification
2 The dam failure consequences classification of a dam is determined in accordance with the following steps:
(
a) for each category of consequences of failure in the following table, identify the losses or damages specified in the table that most closely describe the losses or damages that are the worst potential consequences of a failure of the dam;
(
b) identify the classification that is specified in the following table for the losses or damages referred to in paragraph (
a) for each category;
(
c) the classification identified under paragraph (
b) with the worst potential consequences is the classification of the dam.
Table
Dam failure consequences classification
Population at risk
Consequences of failure
Loss of life
Environment and cultural values
Infrastructure and economics
Low
None 1
There is no possibility of loss of life other than through unforeseeable misadventure.
Minimal short-term loss or deterioration and no long-term loss or deterioration of (
a) fisheries habitat or wildlife habitat, (
b) rare or endangered species, or (
c) unique landscapes or sites of cultural significance.
Minimal economic losses mostly limited to the dam owner's property, with virtually no pre-existing potential for development within the dam inundation zone.
Significant
Temporary only 2
Low potential for multiple loss of life.
No significant loss or deterioration of (
a) important fisheries habitat or important wildlife habitat, (
b) rare or endangered species, or (
c) unique landscapes or sites of cultural significance, and restoration or compensation in kind is highly possible.
Low economic losses affecting limited infrastructure and residential buildings, public transportation or services or commercial facilities, or some destruction of or damage to locations used occasionally and irregularly for temporary purposes.
High
Permanent 3
10 or fewer
Significant loss or deterioration of (
a) important fisheries habitat or important wildlife habitat, (
b) rare or endangered species, or (
c) unique landscapes or sites of cultural significance, and restoration or compensation in kind is highly possible.
High economic losses affecting infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to scattered residential buildings.
Very high
Permanent 3
100 or fewer
Significant loss or deterioration of (
a) critical fisheries habitat or critical wildlife habitat, (
b) rare or endangered species, or (
c) unique landscapes or sites of cultural significance, and restoration or compensation in kind is possible but impractical.
Very high economic losses affecting important infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to residential areas.
Extreme
Permanent 3
More than 100
Major loss or deterioration of (
a) critical fisheries habitat or critical wildlife habitat, (
b) rare or endangered species, or (
c) unique landscapes or sites of cultural significance, and restoration or compensation in kind is impossible.
Extremely high economic losses affecting critical infrastructure, public transportation or services or commercial facilities, or some destruction of or some severe damage to residential areas.
1 There is no identifiable population at risk.
2 People are only occasionally and irregularly in the dam-breach inundation zone, for example stopping temporarily, passing through on transportation routes or participating in recreational activities.
3 The population at risk is ordinarily or regularly located in the dam-breach inundation zone, whether to live, work or recreate.
Schedule 2
(sections 1, 3 (3.1), 3.1 (3), 5, 7, 11 (b.1) and 14)
Minimum Frequency of Safety Activities
Interpretation of
Schedule
1 In this Schedule:
"EPP" means the emergency preparedness plan for a dam;
"formal inspection" means a thorough on-site inspection performed by the representative of the dam owner who is responsible for dam safety;
"OMS manual" means the operation, maintenance and surveillance manual for a dam;
"site surveillance" means the close monitoring of dam behaviour through visual inspections and, in addition, may include the systematic collection, analysis and
interpretation of data obtained through automated instrumentation.
Frequency of activities
2 In the following table, column 1 sets out an activity that must be carried out by a dam owner under a provision in this regulation and columns 2, 3, 4 and 5 set out the minimum frequency with which the activity must be carried out for each classification.
Table
Column 1
Column 2
Column 3
Column 4
Column 5
Item
Activity
Frequency of activity
Extreme classification
Very high and high classifications
Significant classification
Low classification
Site surveillance
Weekly 1
Weekly 1
Monthly 1
Quarterly
Formal inspection
Semi-annually
Annually
Annually
Annually
Monitor instrumentation
Annually unless otherwise specified in the OMS manual
Annually unless otherwise specified in the OMS manual
Annually unless otherwise specified in the OMS manual
If and when required by a dam safety officer
Test operation of outlet facilities, spillway gates and other mechanical components
Annually unless otherwise specified in the OMS manual
Annually unless otherwise specified in the OMS manual
Annually unless otherwise specified in the OMS manual
Annually
Update the emergency contact information in the EPP
Annually
Annually
Annually
Not applicable
Review, and revise if necessary, the OMS manual and the EPP
Every 7 years
Every 10 years
Every 10 years
Not applicable
Conduct dam safety review and submit dam safety report
Every 7 years
Every 10 years
Every 10 years
Not applicable
Review downstream conditions, as set out in
section 6.1, and notify a dam safety officer of any change in classification
Annually
Annually
Annually
Annually
1 The frequency of visual inspections may be reduced if provided for in the OMS manual.
Appendix 2
Section 1 of the British Columbia Dam Safety Regulation, B.C. Reg. 44/2000, is amended by adding the following definition:
"Provincial Emergency Program" means the Provincial Emergency Program continued under the Emergency Program Act ; .
Section 3 is amended by adding the following subsections:
(5) A dam owner of a dam that is located partially or entirely on Crown land and that has a classification of significant, high, very high or extreme must ensure that there is at all times posted on the land at both ends of the top of the dam a sign that meets all of the following criteria:
(
a) the sign must contain, in lettering that is clearly visible from 15 metres, the following information:
(
i) the name of the dam;
(ii) the name of the stream that is dammed;
(iii) the following words: "If you see any dam safety concerns, please contact:", followed by
(
A) the name and emergency telephone numbers for both day and night of a dam owner, and
(
B) the emergency telephone number for the Provincial Emergency Program;
(
b) the sign must be at least 75 centimetres high and 60 centimetres wide;
(
c) the sign must be clearly visible under seasonal conditions to persons approaching the dam;
(
d) the sign and post must be constructed from metal or other durable materials having strength suited to the location and environment of the sign;
(
e) the sign must meet any other requirement specified by the comptroller or a regional water manager.
(6) Subsection (5) applies whether or not the dam owner has an authorization or other right to use or occupy the Crown land on which the dam is partially or entirely located.
(7) For the purposes of subsection (5) (a) (iii) (A), if there is more than one dam owner, the dam owner whose name and emergency telephone numbers must be on the sign is the dam owner who
(
a) the dam owners agree is the emergency contact for the dam, or
(
b) if there is no agreement by the owners, the dam owner specified by a dam safety officer.
Section 8 (
c) is amended by striking out " continued under the Emergency Program Act ".
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