46-1651. Rules and regulations.
(1) The department may adopt and promulgate rules and regulations containing standards for the design, inspection, construction, reconstruction, enlargement, alteration, breach, removal, abandonment, and periodic testing of emergency action plans of dams to carry out the purposes of the Safety of Dams and Reservoirs Act. Such rules and regulations may also include, but are not limited to, establishing:
(a) Standards and criteria for the siting and design of dams, considering both existing and projected conditions which may affect the safety of a project during its construction and operational life;
(b) Requirements for operation of dams, including operational plans to be prepared and implemented by owners;
(c) Requirements for monitoring, inspection, and reporting of conditions affecting the safety of dams; and
(d) Requirements for emergency action plans to be prepared and implemented by owners in cooperation with emergency management authorities.
(2) In adopting rules and regulations applicable to dams which may have a high hazard potential or a significant hazard potential, the department may consider:
(a) The state of scientific and technological knowledge and good engineering practices relating to various types of dams;
(b) The economic impact of a failure of a structure upon the state and its citizens; and
(c) The relationship of dams in hydrologic management in the watershed as a whole.
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