(1) "Construct" means:
(a) To build a new dam;
(b) To modify dam height; or
(c) To make modifications to a dam that:
(A) Do not include modifying dam height, performing maintenance actions or removing a dam;
(B) Have a potential impact on the safe functioning of the dam; and
(C) Are to an extent that the modified dam structures no longer conform to the original design.
(2) "Dam" means:
(a) A hydraulic structure built above the natural ground gradeline that is used to impound water or wastewater; and
(b) Appurtenant structures on or adjacent to hydraulic structures described in paragraph (a) of this subsection that affect the stability of, or the control of water through or away from, the hydraulic structure.
(3) "Dam failure" means a rapid, sudden and uncontrolled release of water or wastewater due to loss of dam integrity.
(4) "Emergency action plan" means a plan that assists a dam owner or operator, and local emergency management personnel, to perform actions to ensure human safety in the event of a potential or actual dam failure.
(5) "High hazard rating" means that the department expects loss of human life to occur if a dam fails.
(6) "Maintenance action" means measures that are necessary to address a condition that, if left unaddressed, may cause a dam to become unsafe or potentially unsafe.
(7) "Potentially unsafe" means that, based on an inspection or analysis:
(a) It is probable that a dam cannot withstand an extreme flood or earthquake; or
(b) The dam has a high risk of internal erosion.
(8) "Significant hazard rating" means the department does not expect loss of life to occur if a dam fails, but does expect extensive damage to property or public infrastructure.
(9) "Unsafe" means that, based on an inspection or analysis:
(a) It is probable that a dam cannot be depended upon to retain or pass water or wastewater as designed or operated; and
(b) Inability of the dam to retain or pass water or wastewater as designed or operated could result in dam failure. [2019 c.390 §2]
Note: 540.443 becomes operative July 1, 2020. See section 28, chapter 390, Oregon Laws 2019.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.