Sec. 8. (a) The department:

(1) has, on behalf of the state, jurisdiction and supervision over the maintenance and repair of structures in, on, or along the rivers, streams, and lakes of Indiana;

(2) shall exercise care to see that the structures are maintained in a good and sufficient state of repair and operating condition to fully perform the intended purpose;

(3) shall grant permits for the construction and operation of structures in, on, or along the rivers, streams, and lakes of Indiana;

(4) may adopt rules under IC 4-22-2 for permitting, maintenance, and operation that are necessary for the purposes of this chapter; and

(5) may vary the standards for permits, maintenance, and operation, giving due consideration to the following:

(A) The type and location of the structure.

(B) The hazards to which the structure is or may be exposed.

(C) The peril to life or property if the structure fails to perform the structure's function.

(b) The department shall establish by rule the criteria for assigning a hazard classification to a structure that is based on the potential consequences resulting from the uncontrolled release of the structure's contents due to a failure of the structure. The hazard classification system must include the following classes of structures:

(1) High hazard: A structure the failure of which may cause the loss of life and serious damage to homes, industrial and commercial buildings, public utilities, major highways, or railroads.

(2) Significant hazard: A structure the failure of which may damage isolated homes and highways, or cause the temporary interruption of public utility services.

(3) Low hazard: A structure the failure of which may damage farm buildings, agricultural land, or local roads.

As added by P.L.148-2002, SEC.15.