15A NCAC 02K .0302       DAM SAFETY ORDERS

(a)  The Director may issue an order directing the owner(s) of a dam to make, in not less than 90 days from issuance of the order and at the owner(s) expense, any maintenance, alteration, repairs, reconstruction, or change in construction upon a finding that the dam:

(1)           is not sufficiently strong,

(2)           is not maintained in good repair or operating condition,

(3)           is dangerous to life or property, or

(4)           does not satisfy minimum stream‑flow requirements.

(b)  The Director may issue an order directing the owner(s) of any dam to take such measures as may be essential, including lowering the level of the impounded water, drainage of the impoundment, and destruction of the dam or reservoir in whole or in part, immediately or within a time limited by the order if the condition of the dam is found to have become so dangerous to the safety of life or property, in the opinion of the Director, as not to safely permit sufficient time for issuance of an order in the manner provided by Subdivision (a) of this Rule.

(c)  The Director may, if at any time the condition of any dam becomes so dangerous to the safety of life or property, in the opinion of the Director, as not to permit sufficient time for issuance of an order in the manner provided by Subdivision (a) or (b) of this Rule, immediately take such measures as may be essential to provide emergency protection to life and property including the lowering of the level of a reservoir by releasing water impounded or the destruction in whole or in part of the dam or reservoir.  Costs of such measures may be recovered from the owner(s) of the dam by appropriate legal action by the Commission.

(d)  Orders issued by the Director may be conditioned so as to require the dam owner, if he is required or given the option to remove the dam, to undertake the removal in such a manner as to minimize the amount of sediment transported from the impoundment downstream.

(e)  Dam safety orders issued by the Director in no way relieve the owner(s) of the dam from duties and obligations imposed by regulations in Section .0200 of this Subchapter, nor do they relieve the owner(s) of the dam from any liabilities or other legal obligations.

 

History Note:        Authority G.S. 143‑215.32; 143‑215.34;

Eff. June 15, 1980.