Ala. Code § 33-7-71

Current with legislation from 2024 effective through May 17, 2024.

Section 33-7-71 - [Effective Until 10/1/2024] Definitions

For the purposes of this act, the following terms have the following meanings:

(1) ABANDON or ABANDONMENT. To render a dam non-impounding by dewatering and filling the reservoir created by the dam with solid materials, by diverting the natural drainway around the site, or by removing a portion of a dam to allow drainage to occur the same, or nearly the same, as before the construction of the dam.

(2) ADVERSE CONSEQUENCES. Negative impacts that may occur upstream, downstream, or at locations remote from the dam. The primary concerns are loss of human life, disruption of public infrastructure, environmental impact, and economic loss, including property damage.

(3) ALTERATIONS or REPAIRS. Alterations or repairs to an existing dam and appurtenant structures that affect the safety of the dam or reservoir.

(4) APPURTENANT WORKS. The structures or machinery incident or annexed to a dam whose purpose is to operate, assist, and maintain a dam. The term includes spillways, either in the dam or separate therefrom, the reservoir and its rim, low level outlet works, and water conduits, including tunnels, pipelines, or penstocks, either through the dam or its abutments.

(5) BREACH. Partial removal of a dam, creating a channel through the dam to the original stream bottom elevation.

(6) DAM.

a. An artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and to which either of the following apply:

1. Is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum water storage elevation.

2. Has an impounding capacity at maximum water storage elevation of 50 acre feet or more.

b. The term includes a fill or structure for highway or railroad use or for any other purpose which impounds water.

c. This definition does not apply to any barrier not in excess of six feet in height regardless of storage capacity or which has a storage capacity at maximum water storage elevation not greater than 15 acre feet regardless of height, unless the barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam.

d. This definition does not apply to any dam subject to the jurisdiction of any other state or federal agency.

e. The term does not include any obstruction in a canal used to raise or lower water.

f. This term does not include privately owned dams, regardless of the hazard designation, unless the owner has voluntarily elected to participate in the program in accordance with this act.

(7) DAYS. In establishing deadlines, means all calendar days, including Sundays and holidays.

(8) EMERGENCY. Includes all conditions leading to or causing a breach, overtopping, or any other condition of a dam and its appurtenant structures that may be construed as unsafe or threatening to life or property.

(9) EMERGENCY ACTION PLAN. A plan that identifies the area that would likely be inundated by the failure of a dam and the actions that should be taken in the event of a failure or threatening condition at the dam.

(10) ENGINEER. An engineer who has a background in civil engineering and:

a. Is a licensed professional engineer.

b. Is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated.

c. Has relevant experience in areas such as investigation, design, construction, reconstruction, enlargement, repair, alteration, maintenance, operation, breach, removal, or abandonment of dams.

d. Understands adverse dam incidents, failures, and the potential causes and consequences of failures.

e. Continues with necessary training and continuing education to keep abreast of the state of the practice in dam safety engineering.

(11) ENLARGEMENT. Any change in or addition to an existing dam or reservoir that raises or may raise the water storage elevation of the water impounded by the dam.

(12) HAZARD POTENTIAL. The possible adverse incremental consequences that result from the release of water or stored contents due to failure of the dam or misoperation of the dam or appurtenances. The hazard potential classification of a dam does not reflect in any way on the current condition of the dam and its appurtenant structures, including safety, structural integrity, or flood routing capacity.

(13) HIGH HAZARD POTENTIAL DAM. A dam assigned the high hazard potential classification where the dam's failure or misoperation will likely cause loss of human life.

(14) LOCAL EMERGENCY MANAGEMENT AGENCY. The local emergency management organization that has jurisdiction over the area in which a dam or reservoir is located.

(15) LOW HAZARD POTENTIAL DAM. A dam assigned the low hazard potential classification where failure or misoperation results in no probable loss of human life and low economic or environmental losses with those economic losses that do occur being principally limited to the owner's property.

(16) PARTICIPATING OWNER. Any of the following that elect to be included in this definition by written affidavit delivered to the local emergency management agency:

a. Any municipal or quasi-municipal corporation.

b. Any county or quasi-county corporation.

c. Any public utility.

d. Any district as defined by Section 11-99A-2, Code of Alabama 1975.

e. Any person.

f. The duly authorized agent, lessee, or trustee of any of the foregoing.

g. Receivers or trustees appointed by any court for any of the foregoing.

(17) PERSON. Any individual, bankruptcy trustee, firm, association, organization, partnership, business trust, corporation, limited liability corporation, limited liability partnerhsip, or company.

(18) PROBABLE. More likely than not to occur; reasonably expected; realistic.

(19) RECONSTRUCTION. Removal and replacement of an existing dam or a portion thereof.

(20) REMOVAL. Complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the valley.

(21) RESERVOIR. Any area that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam. This term does not include privately owned reservoirs, regardless of the hazard designation, unless the owner has elected to participate in the program in accordance with this act.

(22) SIGNIFICANT HAZARD POTENTIAL DAM. A dam assigned the significant hazard potential classification where failure or misoperation results in no probable loss of human life but can result in major economic loss, environmental damage, disruption of lifeline facilities, or other issues impacting public safety and welfare.

(23) WATER STORAGE ELEVATION. The maximum elevation of water surface which can be obtained by the dam or reservoir.

Ala. Code § 33-7-71 (1975)

Added by Act 2023-414,§ 2, eff. 9/1/2023.

This section is set out more than once due to postponed, multiple, or conflicting amendments.