Rs 721.101.1 Order Of October 17, 2012 On The Works Of Accumulation (Osoa)

Original Language Title: RS 721.101.1 Ordonnance du 17 octobre 2012 sur les ouvrages d’accumulation (OSOA)

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721.101.1 order on the books of accumulation (OSOA) of October 17, 2012 (Status January 1, 2013) the Swiss federal Council, view the art. 4, 5, al. 3, 12, al. 2: 22, al. 3, 31, al. 3, and 33 of the Federal law of October 1, 2010 on the works of accumulation (LOA), stop: Chapter 1 provisions general art. 1 definitions (art. 3 LOA) a book of accumulation consists of the following elements: a. the restraint book; b. the pond that belongs to him; c. the facilities.

Are deemed retaining works: a. concrete or natural stone walls; b. in embankment dams; c. mobile dams over the water and their side dams.

The pond is the tanks developed artificially by means of retaining works.
The facilities are the buildings and the equipment necessary for the safe operation of a book of accumulation that are related to the pond and the work of restraint, including the bodies of discharge and drainage.
The operator is the holder of the authorisation for putting into service.

Art. 2 books of accumulation of particular potential risk (art. 2, al. 2, let. a, LOA) a particular potential risk exists, when people's life is endangered or material damage may be caused breakdown of the structure of restraint.
The cantons concerned announce to the federal authority to surveillance (federal Office of Energy SFOE) works of accumulation that are not subject to the LOA because of their size, but who probably have a particular potential risk.
Operators of such works of accumulation must put at the disposal of the SFOE all necessary verification documents.
The SFOE takes the advice of the other cantons concerned before making its decision.

Art. 3 works of accumulation with no particular potential risk (art. 2, para. 2, let. b, LOA) the operator requesting the exclusion of his book of accumulation of the scope of the LOA should join its query all documents necessary for the verification of the potential risk.
The SFOE takes the advice of the cantons concerned before making its decision.

Art. 4 accumulation in boundary waters (art. 4 LOA the SFOE fixed on a case by case basis, in cooperation with the competent foreign supervisory authorities), the safety requirements to the construction and exploitation of the works in boundary waters.
It complies as far as possible to the Swiss legislation in matter of works of accumulation and Eve to ensure a level of safety that is equivalent in all cases.

Chapter 2 safety of the works of accumulation Section 1 Construction art. 5 waiver to drain bodies (art. 5, para. 3, LOA) it is possible to develop substantive changes and substantive valves for the books intended to stabilize the bed of streams and ponds.

Art. 6 approval of plans (art. 6, para. 5, LOA) records that the holder of the approval of plans must deliver to the supervisor before and during the performance of the work as well as at the end of the construction work are set out in the approval of plans.
During the execution of the work, the following documents may be required: a. the results of the geological and geotechnical tests; (b) the results of injections or other geotechnical measurements in order to consolidate and to quench the basement; c. building reports; d. the results of the tests of materials e. the results of the surveillance; f. reports on special events.

At the end of the construction work, the following documents may be required: a. a summary and assessment of the geological and geotechnical; b. studies a summary and assessment of injections or other geotechnical measures carried out in order to consolidate and to quench the basement; c. a synthesis of materials used during construction and an evaluation of the materials testing; d. changes from the construction project; e. in line with plans enforcement; f. monitoring instrument types and their locations.

Art. 7 performance of the work (art. 6, al. 8, and art. 25, let. a, LOA) the supervisory authority comes with the execution of the work. It controls particularly if this corresponds to approved plans.
During the execution of the work, the holder of the approval of the plans must provide the supervisory authority the documents set out in the approval of plans (art. 6, paras. 1 and 2).

Art. 8 changes of project changes to project should be brought to the attention of the supervisory authority and approved by the Commission under art. 6 LOA.

Art. 9 end of construction work (art. 6, para. 8, and art. 25, let. b, LOA) at the end of the construction work, the holder of the approval of the plans must provide a final report of construction work to the supervisory authority.
The final report of the construction must contain the documents set out in the approval of plans (art. 6, para. 1 and 3).
The supervisory authority controls if the construction work was performed in accordance with approved plans and issued charges. She recorded the results of audits in a reception report.

Art. 10 dismantling (art. 6, para. 1, LOA) the dismantling of structures of accumulation is considered to be a change.

Section 2 commissioning and operational art. 11 conditions for the commissioning (arts. 7, 8, 10 and 25, let. a, LOA) before commissioning, the operator must develop the following regulations and submit them to the authority for approval: a. a regulation on the use of organs of discharge and drainage fitted with valves which are necessary to master a flood (regulation of operation of the valves); (b) a regulation on the alert the authorities and the population for situations emergency and their management (regulation in an emergency).

He must revise regulations continuously and submit any updates for approval to the supervisory authority. The update of items not covered by the security, such as the addresses of contact people and changes in Department policy of discharge and drainage bodies equipped with valves for normal operation, must be announced to the supervisory authority, but is not subject to its approval.

Art. 12 commissioning (art. 7 LOA) for works which for the first time in water can be done in a controlled manner, the operator must monitor the behavior and State of the work of accumulation through measures, Visual checks and controls of the bodies of discharge and drainage. It reports the results of its observations to the supervisory authority.
The supervisory authority comes with the commissioning and control procedure if the latter is carried out in accordance with the authorisation.
The recovery of the normal level of deference in the context of a transformation and delivery in water after a rehabilitation dictated by safety considerations are assimilated to a first impoundment.

Art. 13 end of commissioning (art. 7, 8 and 25, let. a, LOA) at the end of the first set in water or a water fitness, the operator must supply a commissioning report to the supervisory authority.
This report must contain: a. an overview of the progress of the first put water or water rehabilitation; (b) an analysis of the behaviour of the structure of accumulation during the commissioning or recommissioning; c. the results of functioning of the organs of discharge and drainage controls.

Art. 14 conditions of exploitation a book of accumulation can only operate if the result of the first put water or water fitness to conclude to the safety of the operation.
The operator must develop and submit it for approval to the supervisory authority a regulation on monitoring of the work of accumulation for the normal operation and in case of extraordinary events (control regulation).
It must revise the rules continuously and submit any updates for approval to the supervisory authority. The items not covered by the security update, such as addresses of people responsible for monitoring, must be announced to the supervisory authority, but is not subject to its approval.

Art. 15 bodies of discharge and drainage control (art. 8, para. 2, LOA) the operator must control the functioning of the organs of discharge and drainage valves equipped with each year. The conduct of these controls and their results are recorded in a minutes.
The test shall be performed at level high restraint and with passage of water (test with lachure).
Dump bodies can also be controlled dry or in another way if normal restraint level is below the level necessary for the opening.
The bodies of draining of the ponds and books intended to stabilize the bed of torrents can be controlled dry.

Art. 16 current control (art. 8, para. 2, LOA) the operator must carry out measures and Visual controls according to the rules of supervision (art. 14, al. 2).

He must control at least once per month for the period where a great work is put in water, the measures transmitted remotely, using manual measurements on site.
He must control at least once per year the measures of other works transmitted remotely, using manual measurements taken on-site.

Art. 17 annual control (art. 8, para. 2, and art. 25, let. a, LOA) the operator shall ensure that an experienced professional assesses the results of measures on an ongoing basis, performed once a year a Visual inspection of the work of accumulation and records the results in an annual report measures and control (annual report).
He donated to the supervisory authority the annual report, including the results of the controls of the valves, Visual controls and measures no later than six months after the end of the reporting period.
The supervisory authority may grant exceptions to the annual pace (al.) 1 and the time for delivery of the annual report (al.) 2 as the same level of safety is guaranteed.

Art. 18 five-year control (art. 8, al. 2, and art. 25, let. a, LOA) the operator shall that confirmed in civil engineering and geology experts conduct every five years a thorough review of the safety of the works of accumulation which: a. restraint height reached at least 40 m; forgotten the source. the height of restraint reached at least 10 m and whose capacity exceeds 1 million m.

It submits reports on the in-depth reviews of safety to the supervisory authority at the latest nine months after the end of the period under report (quinquennial reports).
The supervisory authority may grant exceptions to the regular scrutiny (Al 1) and the time for delivery of the quinquennial reports (al.) 2 as the same level of safety is guaranteed.
She may order special tests or subject to five-year control of the accumulation of smaller structures.

Art. 19 Professional and experts (art. 8, para. 2, and art. 25, let. a, LOA) operator announces his choice of the Professional (art. 17) to the supervisory authority. The supervisory authority may refuse it if in doubt based on his qualifications.
The operator shall submit his choice of experienced experts (art. 18) for approval by the supervisory authority.
Experts must be independent of the experienced professional, the operator and the owner of the work.

Art. 20 revision (art. 8, para. 3, let. a, LOA) operator in time announces the revision work to the supervisory authority. These are not subject to its approval.
During the work on bodies of discharge and drainage, the operator must: a. ensure a sufficient safety during floods; ETB. quickly restore the possibility of lowering the level of the Lake in case of imminent danger.

Art. 21 obligation to announce (arts. 8 and 25, let. a, LOA) operator announces, in time, to the supervisory authority the dates for: a. control of discharge and drainage bodies; b. the visit of accumulation in the annual checks and controls five-year work; c. emptying of the book.

Art. 22 folder on the work of accumulation (art. 25, let. a LOA) the operator establishes a file on the work of accumulation and keeps it up-to-date. He puts the folder at any time at the disposal of the supervisory authority.
The folder includes: a. comply with the execution plans the most important and the data on the performance of the work; (b) the convention between the master of the book and the designer as to the intended use (user agreement); c. a description of the technical of the convention of use (project basis) Conversion; d. calculations and reports on the static, hydrology and hydraulics; e. geological expertise; f. the commissioning report; g. annual reports and reports on Geodetic deformation measures; h. the quinquennial reports i. reports on incidents and anomalies of operation; j. surveillance rules, the rules of operation of the valves and the regulation in an emergency.

Art. 23 controls of the supervisory authority (art. 8, para. 4, LOA) the supervisory authority takes part in the quinquennial controls (art. 18) and inspects more at least once every five years the works covered by these controls.
She inspected at least once every three years the great works of accumulation is not subject to five-year checks.
She inspected at least once every five years other works of accumulation.

Art. 24 measures of the supervisory authority (art. 8, para. 3 and 5, LOA) if the operator is in default in the performance of maintenance or rehabilitation work, the supervisory authority ordered the execution of steps, and if it does not give due warning, requires the emptying of the restraint.

Section 3 Plan emergency art. 25 provisions for cases of urgency (art. 10 LOA) emergency regulations referred to in art. 11, al. 1, let. b, includes notably the following documents: a. a map showing the areas that would be probably flooded breakdown total and sudden a work of restraint (flood map); b. an analysis of the factors that can strongly disturb or prevent an (analysis of hazards) emergency management; c. an emergency strategy providing for measures to be taken in the event of danger; (d) a document that describes the functions of those responsible and the conduct of enforcement alert) Organization of emergency); e. a folder for commitment in case of emergency (record of commitment).

The supervisory authority may grant exceptions from then that the same level of safety is guaranteed.
It transmits a copy of the flood maps and records of commitment to the cantons and the federal Office for the protection of the population (national central alarm).

Art. 26 device alarm-water (art. 11 LOA) the SFOE determines, after hearing the operator, the cantons and the federal Office of protection (FOCP), what works of accumulation with less than 2 million m volume of restraint must be fitted with a water alert device.
The danger is great, within the meaning of art. 11, al. 2, LOA, if at least 1000 people staying regularly during a period in the close range are threatened if total and sudden restraint structure.
Design and the device of water alert systems must be approved by the FOCP.

Art. 27 evacuation plans for the population (art. 12, para. 1, LOA) the cantons concerned establish the necessary plans for the evacuation of the population (evacuation plans) based on the flood maps.
They at all times give the population access to evacuation plans and ensure appropriate information.
They transmit a copy of the evacuation plans to the SFOE and the FOCP (national central alarm).
They review the continuous evacuation plans and send the updates to the SFOE and the FOCP (national central alarm).
The FOCP oversees enforcement of this provision.

Art. 28 provisions for cases of military threat (art. 12, para. 2, LOA) the staff federal management of events of national scope according to the order of 20 October 2010 the ABCN interventions is the competent body to make special arrangements in the event of a military threat.

RS 520.17 Chapter 3 supervision art. 29 federal surveillance (art. 22 LOA) authority the federal supervisory authority is the SFOE.
The SFOE has in particular the following tasks: a. monitoring of the great works of accumulation; b. close surveillance on the works of accumulation under the supervision of the cantons; c. enactment of guidelines and development of other technical foundation in collaboration with the cantons, universities, professional organizations and economie.d. encouraging research; e. security expertise in collaboration with high schools the cantons and the professional organisations; (f) guarantee the exchange of information with foreign countries.

It passes include the following documents to the cantons concerned: a. decisions by which it has subject to the scope of the LOA (art. 2) or excluded from the scope of the LOA (art. 3) of works by accumulation; b. the list of books of accumulation in operation and under his direct supervision (art. 22, para. 2, and art. 24 LOA); c. approvals of the plans for the construction and modification of works , provided that no authorization under any other Act (art. 6 LOA); d. minutes of receipt established at the end of the construction work (art. 9, para. 3); e. commissioning (art. 7 LOA) permissions; f. other provisions it lays down for the purpose of security (art. 24, article 8 LOA).

Art. 30 surveillance authorities the cantons (art. 23 LOA) authorities of the cantons carry including the following: a. monitor the accumulation works that are not subject to the direct supervision of the Confederation.b. They announce to the SFOE including following accumulation works under their surveillance data:


1. the operator, 2. the goal, 3. the coordinates of the location, type and year of construction of the retaining structure, 4. the year of commissioning, 5. the geometric data.

c. they establish every year a report on their monitoring activities that they give to the SFOE before 31 March of the year suivante.d. They announce without delay at the SFOE any extraordinary event likely to affect the safety of the works of accumulation under their supervision.

Chapter 4 provisions final art. 31 competent authority for administrative criminal proceedings (art. 31 LOA) the SFOE is the administrative authority of prosecution and judgment under art. 31, al. 3, LOA.

Art. 32 repeal and amendment of existing law repeal and modification of existing law are resolved in the annex.

Art. 33 transitional provisions authorizations applicable at the time of the entry into force of this order and approvals retain legal force.
Current works operators must submit the emergency regulation to supervisors for approval within five years of the entry into force of this order (art. 11, para. 1, let. b).
The supervisory authority verifies in a period of one year from the entry into force of this order if the experts meet the requirements on the art. 19, al. 3. within a period of two years from the entry into force of the Ordinance, the SFOE must give the supervisory authorities of the cantons records of the works of accumulation which she has directly assumed the surveillance law current and who will be now under the supervision of the cantons. The cantons are responsible for monitoring upon delivery of such records.
The cantons concerned establish evacuation plans within a period of three years from the entry into force of this order (art. 27).

Art. 34 entry into force this order comes into force on January 1, 2013.

Annex (art. 32) repeal and amendment of existing law I the Ordinance of 7 December 1998 on safety of the works of accumulation is repealed.
II...

[RO 1999 4, 2003 3311 5165 art. 22 par. 2 No. 1]
Mod. can be found at the RO 2012 5995.

State on January 1, 2013

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