Alaska Administrative Code
Title 11 - Natural Resources
Part 6 - Lands
Chapter 93 - Water Management
Article 3 - Dam Safety
11 AAC 93.163 - Emergency remedial action

Universal Citation: 11 AK Admin Code 93.163

Current through August 30, 2024

(a) The department may take emergency remedial action to protect life or property from the risks created by the dam's operation or potential failure, if the department determines that one or more of the following conditions exist:

(1) the condition of a dam is sufficiently dangerous to preclude adequate time for the issuance of an order to the owner under 11 AAC 93.159(d) regarding the maintenance or operation of the dam;

(2) actual or potential flooding threatens the condition of the dam;

(3) the owner will not voluntarily comply with an order or does not have the present means to comply with an order from the department.

(b) In taking emergency remedial action under this section, the department may take supervisory control of the dam from the owner, over the owner's objection if necessary, until the emergency no longer exists. During the department's supervisory control of the dam, the owner, agents, and employees of the owner shall comply with all of the department's orders.

(c) The owner shall reimburse the state for the costs of any reasonably necessary emergency remedial action taken under this section, including the costs of any consultant, contractor, emergency response agency, or other entity retained or requested by the department to respond to the emergency.

Authority:AS 46.17.010

AS 46.17.030

AS 46.17.050

AS 46.17.060

AS 46.17.070

Disclaimer: These regulations may not be the most recent version. Alaska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.