Delaware Code Title 7 Sec. 4209 – Supervision by qualified engineers; reports and modifications during …
(a) Any project for which the Department‘s approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this chapter or § 4212 of this title shall be designed and the construction supervised by a licensed professional engineer in the State with related experience in dam design and construction.
Terms Used In Delaware Code Title 7 Sec. 4209
- Dam: shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials. See Delaware Code Title 7 Sec. 4202
- Department: shall mean the Department of Natural Resources and Environmental Control. See Delaware Code Title 7 Sec. 4202
- Person: shall mean any person, firm, association, organization, partnership, business trust, corporation or company. See Delaware Code Title 7 Sec. 4202
- State: shall mean the State of Delaware. See Delaware Code Title 7 Sec. 4202
- Supervising engineer: shall mean the design engineer who is responsible for conducting dam construction quality assurance inspections in order to certify the construction has been completed in accordance with the approved plans and specifications. See Delaware Code Title 7 Sec. 4202
(b) During the construction, enlargement, repair, alteration, or removal of any dam to which this chapter applies, the Department may require such progress reports from the supervising engineer responsible for design and construction quality assurance, as it deems necessary.
(c) If, based on inspection reports, construction inspections or other information, the Department finds that the work is not in compliance with the provisions of the approval and the approved plans and specifications, it shall give written notice to the person who received the approval and to the person in charge of construction of the dam. The notice shall state the particulars in which compliance has not been made, and shall order immediate compliance with the terms of approval, and the approved plans and specifications. The Department may order that no further construction work be undertaken until such compliance has been effected and approved by the Department. A failure to comply with the approval and the approved plans and specifications shall render the approval revocable unless compliance is made after notice as provided in this chapter.