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May 16, 2006 - In October 2005, heavy rains flooded neighborhoods, closed roads washed out bridges in the Blackstone Valley and threatened the structural integrity of the state’s dams. Senator Richard T. Moore (D-Uxbridge) and Senator Marc R. Pacheco, (D-Taunton) along with their legislative colleagues on the Senate Post Audit and Oversight Committee held an oversight hearing related to the flooding issues and dam safety. Senator Moore is also a member of the committee.
Today the committee released a report entitled “Decades of Neglect: Recommendations on Dam Safety and Maintenance in Massachusetts.” The report outlines deficiencies in the state’s dam safety program and makes recommendations about dam management in the state.
“A natural disaster or terrorist event, or simply years without proper maintenance could result in terrible death and property destruction if one or more of these dams were to fail,” said Moore. “Well-maintained dams are essential for water supply, fire suppression, irrigation of crops, industrial uses, and general quality of life for those who live around the ponds and lakes that are impounded by the dams.”
“The failure to appropriately fund the struggling Office of Dam Safety is inexcusable,” said Pacheco. “This is a public safety issue and an environmental issue, and if the Governor doesn’t want to address it, the Senate is more than willing to do so.”
The Committee has found that for at least 30 years the Commonwealth has neglected the dams by failing to maintain an accurate inventory, improperly funding the Office of Dam Safety (ODS), not maintaining Emergency Action Plans (EAPs) and considering these key pieces of infrastructure only during times of crisis. The report also attends to the significant environmental issues associated with the repair, removal and maintenance of these major pieces of infrastructure.
Key Recommendations
1. ODS must develop a complete and accurate inventory of dams by December 15, 2006.
2. ODS must inspect all high and significant-hazard dams that were not included in the emergency inspection order, regardless of their condition.
3. ODS must ensure Emergency Action Plans (EAPs) are developed for all high and significant-hazard dams and available for dam owners and local and state dam safety officials.
4. Enforcement provisions need to be increased from $500 per day up to $25,000 per violation for high or significant-hazard dams. Fines collected should be dedicated to the Dam Safety Trust and be used for future dam safety needs.
5. Significantly increase funding for the dam safety program, in line with requests made by ODS. In FY07, provide $1.045 million to ODS for the implementation of the new dam safety regulatory program. Ensure future funding for ODS is maintained.
6. Provide $10.3 million for capital improvements to DCR owned dams. Priority should be given to high and significant-hazard dams, especially those in unsafe or poor condition. Funding must also be made available for the development of EAPs for state owned dams.
7. Create a $20 million Dam Safety State Revolving Loan Fund (SRF) to provide low interest loans to assist qualifying private and municipal owners with assessment, repair and removal of dams. Priority should be given to high and significant-hazard dams in unsafe or poor structural condition.
8. Allow local communities, at their discretion, to use Chapter 90 funds for dam repair, maintenance or removal.
9. Provide additional dam safety and maintenance full-time equivalent (FTE) staff to ensure public safety is maintained. An additional 8.5 FTE staff are required for ODS to implement the state’s new dam safety regulations. An additional 4.5 FTE staff are needed for DCR to address the current backlog of state owned dams in poor repair.
Senator Moore is no stranger to disaster recovery. From 1994 to 1996, he served as an Associate Director of the Federal Emergency Management Agency (FEMA), and oversaw the National Dam Safety Program as part of his duties. Since returning to the Massachusetts Legislature, Senator Moore has been the principal sponsor of legislative efforts to establish a state level hazard mitigation policy, to create a hazard mitigation trust fund and to enact a public health emergency law to deal with bioterrorism.
In fact, in 2002, the senator recognized that the state lacked resources to inspect all the dams in the Commonwealth and drafted a law to strengthen dam safety efforts. “Passage of the Dam safety legislation is an important first step toward a safe and responsible system of maintenance for the hundreds of dams throughout the state that have suffered from neglect,” Moore explained.
One key finding in committee’s investigation is the lack of adoption of dam safety regulations until 3 years after they were required by state statue. After the October floods, the governor finally ordered emergency inspection of all “high hazard” dams in the state and a review of dam safety procedures.
Additionally, Senator Moore and Representative George N. Peterson, Jr. (R-Grafton) recently filed a bill that controls the flood levels and regulates discharges into rivers and streams. Under this proposed legislation, anyone who owns or operates a dam or other facilities on or near a stream or river must notify and get approval from the Department of Environmental Protection (DEP) and notify every downstream community before discharging water into the river or stream which would raise the water level above its natural stage. Failure to report the activity to the DEP or the impacted communities will result in fines.
To download a copy of the “Decades of Neglect: Recommendations on Dam Safety and Maintenance in Massachusetts” report or the senate bill filed by Senator Moore, log onto www.senatormoore.com
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