(1) These rules and regulations shall apply
to any dams or artificial barriers existing or constructed in Georgia except
for the following:
(a) Any dam owned and
operated by any department or agency of the United States government;
(b) Any dam constructed or financially
assisted by the United States Natural Resources Conservation Service or any
other department or agency of the United States government. This exemption only
applies when such department or agency designed or approved plans and
supervised construction, and maintains a regular program of inspection of the
dam. This exemption shall cease on November 1, 1995, for all such dams for
which the supervising federal agency has relinquished authority for operation
and maintenance to a person, unless the supervising federal agency certifies by
the said date and at least biannually thereafter to the Director that such dams
are in compliance with requirements of this part, including minimum spillway
design, and with the maintenance standards of the supervising federal
agency;
(c) Any dam licensed by the
Federal Energy Regulatory Commission, or for which a licensed application is
pending with the Federal Energy Regulatory Commission;
(d) Any dam classified as a Category II
Dam;
(e) Any artificial barrier,
except as provided in Rule
391-3-8-.02(h),
constructed in connection with and incidental to surface mining, provided that
upon completion of mining the impoundment created by the barrier is drained and
reclaimed or stabilized as a lake pursuant to a mined land use plan approved by
the Director pursuant to the Georgia Surface Mining Act;
(f) Any artificial barrier which is not in
excess of 6 feet in height, regardless of storage capacity, or which has a
storage capacity at maximum water storage elevation not in excess of 15
acre-feet, regardless of height.
(2) The terms "dam owner" or "dam operator"
in this chapter shall not refer to the owner of fee title to land on which a
dam exists that was constructed by a governmental entity and for which a
governmental entity has an easement. In such cases, the terms "dam owner" or
"dam operator" in this chapter shall refer to the governmental entity that has
an easement. The fee title land owner is not responsible for operating,
maintaining, and/or inspecting the dam in such situations.
O.C.G.A. §§
12-5-370 through
12-5-385.
