OAR 690-020-0420: Immediate Action to Prevent Dam Failure

(1) If an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure and an Emergency Action Plan exists for that Dam, a Dam owner shall immediately implement the actions specified in the plan. (2) If no EAP exists, and an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, the Dam owner shall immediately notify by telephone or other method that ensures immediate notification: (a) The local emergency services agency for the county where the Dam is located, via 9-1-1 call, if the dam has a Significant Hazard Rating; (b) The Department; and (c) To the extent practicable, Persons in areas where the potential for Dam Failure creates a risk to life, property, or public infrastructure. (3) In addition, if an actual or potential Dam Failure creates an imminent risk to life, property, or public infrastructure, a Dam owner shall also take all practicable measures to prevent Dam Failure. (4) If the Department is aware of conditions which indicate that immediate action is needed to prevent a Dam Failure, the Department may contact and advise the owner, operator, or individual in charge of the Dam regarding necessary actions to prevent the Dam Failure. (5) If a Dam has a Significant or High Hazard Rating and presents an imminent risk of dam failure, the Department or its agents or representatives may enter the property without notice or permission of the pertinent landowner to access the Dam and evaluate the condition or risk or to undertake necessary actions described in subsections (6) and (7).The Department’s entry onto property pursuant to this subsection shall be to the extent entry is reasonable or necessary. (6) The Department may communicate and coordinate actions necessary to reduce the risk of dam failure. (7) If the Department observes that there is a rapidly increasing leakage risk of overtopping at a Dam that has a Significant or High Hazard Rating, the Department may open Gates or Valves and siphon or pump Water to reduce the Water levels in the reservoir. (8) The Department may, as necessary to address an actual or potential Dam Failure that poses an imminent risk to life, property, or public infrastructure: (a) Modify approval requirements for emergency construction work; (b) Waive or modify the actions prescribed in an Emergency Action Plan; and (c) Pursue any other lawful remedy.