Section 11.93.159. Owner's periodic safety inspections.

	(a)  The owner of a Class I or Class II dam shall provide for a periodic safety inspection of the dam at least once every three years. The owner of a Class III dam shall provide for a periodic safety inspection of the dam at least once every five years. The department may order a dam owner to provide for a periodic safety inspection more often than required by this subsection if the department determines that the dam might be unsafe or that more frequent inspections are necessary to protect public safety. Each periodic safety inspection and other work required by this section is at the owner's sole expense. Each periodic safety inspection must be detailed and comprehensive, and must meet the department's guidelines for periodic safety inspections. Those guidelines, set out in Chapter 10, Section 10.4 of the department's Guidelines for Cooperation with the Alaska Dam Safety Program, dated September 26, 2003 are adopted by reference.  
	(b)  The periodic safety inspections required by this section must be performed by an engineer who has been approved under 11 AAC 93.193(b). Before an inspection, the owner shall submit to the department, in writing, the qualifications of the engineer and the scope of the periodic safety inspection. The department will approve the scope of the inspection if the department determines that the scope is adequate to determine the safety of the dam and for the engineer to make reliable recommendations regarding operation and maintenance of the dam, inspections of the dam, and other aspects related to the safety of the dam.  
	(c)  Within 30 days after the visual inspection of the dam is completed, the owner shall submit a periodic safety inspection report to the department for approval, with as many copies as the department requires. The periodic safety inspection report must be sealed by the engineer approved under 11 AAC 93.193(b) to conduct the inspection. The engineer shall, in the report, make  
		(1) specific conclusions regarding the safety of the dam, including conclusions with respect to the condition of the dam and the potential for and consequences of any dam failure; and  
		(2) recommendations for any additional inspections, monitoring, studies, or construction that may be required to improve the safety of the dam.  
	(d)  In response to a periodic safety inspection report, the department may  
		(1) approve the report, if the department determines that the report adequately reflects the safety of the dam and provides for the maintenance or improvement of the safety of the dam;  
		(2) request additional detail or clarification in the report;  
		(3) issue an order requiring the owner to perform additional inspections, studies, or analyses, or to submit additional information that the department determines is necessary to adequately assess the safety of the dam;  
		(4) revoke, under 11 AAC 93.173(k), a certificate of approval to operate a dam; or  
		(5) issue a construction, operation, repair, maintenance, shutdown, or dam removal order that the department considers necessary to protect against dam failure or to protect life and property.  
	(e)  Repealed 10/2/2004.  

Authorities

46.17.010;46.17.030;46.17.050;46.17.060;46.17.070

Notes

Reference

11 AAC 93.161
11 AAC 93.163
11 AAC 93.167
11 AAC 93.173
11 AAC 93.175
11 AAC 93.193

Authority

AS 46.17.010 AS 46.17.030 AS 46.17.050 AS 46.17.060 AS 46.17.070 Editor's note: Copies of Chapter 10, Section 10.4 of the department's Guidelines for Cooperation with the Alaska Dam Safety Program, adopted by reference in 11 AAC 93.159(a), are available from the Department of Natural Resources, Division of Mining, Land and Water, Dam Safety and Construction Unit, 550 West 7th Avenue, Anchorage, Alaska 99501.

History

Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

References

11.93.159