The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:
(1)a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter;
(2)standards for:
(A)the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam;
(B)operation and maintenance of a dam;
(C)inspection, monitoring, record keeping, and reporting;
(D)repair, breach, or removal of a dam;
(E)application for authorization under section 1082 of this title; and
(F)the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan,
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The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:
(1) a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter;
(2) standards for:
(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam;
(B) operation and maintenance of a dam;
(C) inspection, monitoring, record keeping, and reporting;
(D) repair, breach, or removal of a dam;
(E) application for authorization under section 1082 of this title; and
(F) the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan, and when and how an emergency action plan should be updated;
(3) criteria for the hazard potential classification of dams in the State;
(4) a process by which a person owning legal title to a dam or a person owning the land on which the dam is located shall register a dam and record the existence of the dam in the lands records;
(5) requirements for the person owning legal title to a dam or the person 2024 owning the land on which the dam is located to conduct inspections of the dam; and
(6) requirements for access to financing and subsidy from the Dam Safety Revolving Loan Fund, including the requirement that an alternatives analysis be performed by an engineering consultant hired by either the dam owner or the Department. (Added 2017, No. 161 (Adj. Sess.), § 1; amended 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)