Or. Admin. R. 690-020-0000

Current through Register Vol. 63, No. 6, June 1, 2024

Section 690-020-0000 - Purpose and Applicability

(1) The purpose of these rules is to implement ORS 540.443 through 540.491 and ORS 540.995, as well as applicable sections of ORS 536.050 and ORS 537.400, through actions that are intended to ensure the safety of the Dams, insofar as Dams may affect possible loss of life or property, and damage to public infrastructure. Prioritization of Dam safety actions and requirements are based on the Hazard Rating of the Dam. These rules outline processes to:

(a) Review design and specifications to Construct a Dam;

(b) Review plans for Removal of Significant Hazard and High Hazard Dams;

(c) Conduct routine inspections and notify Dam owners of outcomes;

(d) Cooperate with Dam owners over Dam safety issues;

(e) Prescribe Maintenance Actions, corrective actions, or any other actions necessary to protect life, property, or public infrastructure consistent with the Department's authorities and with law, and to pursue formal enforcement as necessary;

(f) Communicate, coordinate, and collaborate with Persons, Tribes, or other government entities regarding Dam safety; and

(g) Plan for and respond to emergencies as necessary and as consistent with law.

(2) These rules do not apply to:

(a) Dams that are less than ten feet in Height or that impound less than three million gallons (9.2 Acre-feet) of Water;

(b) Water storage Tanks or various types of Tanks that are part of Water treatment facilities; and

(c) Dams regulated under a federal Dam safety program, except as provided in ORS 540.446 and OAR 690-020-0024.

(3) Compliance with ORS 540.443 through 540.491 and these OAR Chapter 690, Division 20 rules does not relieve the owner or operator of a Dam or an individual in immediate charge of a Dam from any duty, obligation, or liability regarding the ownership, maintenance, or operation of the Dam.

Or. Admin. R. 690-020-0000

WRD 12-1986, f. & ef. 10-3-86; WRD 12-1994, f. & cert. ef. 11-7-94; Renumbered from 690-020-0021, WRD 7-2009, f. 12-7-09, cert. ef. 1-1-10; WRD 2-2015, f. & cert. ef. 3/17/2015; WRD 3-2020, amend filed 06/29/2020, effective 7/1/2020

Statutory/Other Authority: ORS 536.027, 540.488

Statutes/Other Implemented: ORS 536.050, 537.400, 540.446, 540.488, 540.491