H.P. 373 - L.D. 498
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, several dams in the State are presently in the process of being transferred to private owners; and
Whereas, there are presently no systems in place to ensure that the persons who take ownership of the dams have adequate insurance to cover losses in the event of a dam failure or a significant flood; and
Whereas, it is imperative that the State take immediate steps to ensure that dam owners have adequate insurance and proper safety plans with respect to these dams; and
Whereas, the safe operation of dams is essential to the safety of a large number of communities below the dams; and
Whereas, the transfer of dams involving interlocal agreements with municipalities depends upon funding assistance through the state-municipal revenue sharing program; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 37-B MRSA §1065, as amended by PL 1997, c. 517, §1 and affected by §4, is further amended to read:
1. Inspection. By June 1, 1995, the The director shall, at a minimum, inspect:
A. All dams which that are listed in the 1981 United States Army Corps of Engineers' Inventory of Dams in the United States as "high" and "significant hazard" dams in the State;
B. Any other new or existing dam that may, in the judgment of the director, constitute a potential threat to public safety; and
C. Any dams identified by the director under section 1070, subsection 2.
The purpose of the inspections shall be is to reevaluate and ascertain the downstream hazard classification of each dam.
2. Hazard classification. Each dam inspected under this section shall must be classified pursuant to the hazard potential of the dam. The principal criterion used to determine the hazard classification of the dam shall must be the potential risk to public safety and property downstream of the dam which that may be affected directly or indirectly by the failure of the dam. The standards of classification of dams shall must be the same as those adopted by the United States Army Corps of Engineers, as set forth in 33 Code of Federal Regulations, Chapter II, and all subsequent amendments thereto.
3. Report. A state dam inspector shall write and issue a report making a recommendation regarding the classification of each dam to the director. A copy of the report shall must be provided to the dam owner of record and forwarded by certified mail. The dam owner shall notify the agency within 30 days of receipt of the report if the owner disagrees with the conclusions of the State's classification recommendation. If the owner of the dam does not agree with the results and recommendations of the dam inspector, the owner may at the owner's expense have a registered professional engineer conduct an independent investigation to determine the hazard classification of the dam. The dam owner shall provide the results of this independent investigation to the director within 6 months of receipt of the original report. The owner may apply for and be granted an extension of this deadline by the director for good cause. A state dam inspector shall review and consider the information provided by the owner's report pertaining to the classification of the dam and may issue a new classification recommendation.
After reviewing all available data, the director shall then determine the classification of the dam.
The director shall reevaluate the hazard classification of a dam at least once every 6 years on the following schedule and, if necessary, reclassify the dam to account for the possibility that conditions downstream of the dam may have changed:
A. At least once every 6 years; and
B. Within 30 days of receiving a notice of transfer of ownership of a high or significant hazard dam pursuant to section 1071, unless the hazard classification has been evaluated within 4 years preceding the proposed transfer.
4. Ascertain conditions of dam. A state dam inspector shall also conduct on-site inspections of the dams inspected under subsection 1 to determine if the integrity, structural stability and function of the dams constitute a threat to public safety downstream of the dams. A state dam inspector shall issue a report on the material condition of each dam which shall that must describe in detail any material condition which that constitutes a threat to public safety. The engineering process, mathematical calculations and complete documentation justifying the assessment of the current material condition shall must be provided to the director. The director shall conduct on-site structural stability inspections of all dams in the State classified as high or significant hazard dams on the following schedule:
A. At least once every 6 years; and
B. Within 30 days of receiving a notice of transfer of ownership of a high or significant hazard dam pursuant to section 1071, unless the hazard classification has been evaluated within 4 years preceding the proposed transfer.
5. Correction of unsafe conditions. After receiving a report on a dam from a state dam inspector, if the director determines that a dam is an imminent threat to the safety of the public, the director may order the owners, lessees or persons in control of the dam to make alterations to the dam or its operations, including, but not limited to:
A. Breach or removal of the dam;
B. Repair or maintenance of the dam;
C. Operation of the dam in a specified manner;
D. Preparation of and adherence to an emergency operations plan satisfactory to the agency; or
E. Maintenance of appropriate records relating to water levels, dam operation and dam maintenance.
When the director issues an order under this subsection, the director shall ensure that a state dam inspector is available to provide technical assistance to the owners, lessees or persons in control of the dam and to the municipality in which the dam is located.
6. Inspection costs of transferred dam. If the inspection of a dam is conducted as a result of a transfer of ownership of a high or significant hazard dam and the agency is required to incur additional inspection costs in order to meet the inspection deadlines pursuant to this section, the owners, lessees or persons in control of the dam are responsible for any additional inspection costs incurred by the agency in conducting the inspection of the dam or reevaluating the hazard classification of the dam.
Sec. 2. 37-B MRSA §1071 is enacted to read:
§1071. Notice of transfer of ownership
Forty-five days prior to any change of ownership of a dam, whether by sale, lease or gift, the owner or owners of a dam classified as a high or significant hazard dam shall provide the name and address of the prospective new owner or owners to the director along with any plan that the prospective new owner has with regard to maintaining competent operations and correcting any unsafe conditions. For purposes of this section, "competent operations" means properly and safely maintaining the dam and ensuring compliance with all safety, environmental and water level rules or orders.
Sec. 3. Notice of revised inspection requirements. The Maine Emergency Management Agency shall provide notice of revised inspection requirements to all owners of dams classified as high or significant hazard dams within 30 days of the effective date of this Act.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 16, 1999.
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