§ 4201. Purpose. It is the purpose of this chapter to provide for the proper design, construction, operation, maintenance and inspection of dams in the interest of public health, safety, and welfare, in order to reduce the risk of failure of dams and to prevent injuries to persons, damage to downstream property and loss of […]
§ 4203. Application. (a) This chapter shall apply to any dam which is owned by the State or any county in the State, or any municipality or any quasi-governmental agency of the State that is 25 feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe […]
§ 4204. Construction of dams. (a) No owner shall begin the construction of any dam to which this chapter applies without written approval from the Department. Owners intending to construct any dam to which this chapter applies shall file with the Department a preliminary application which shall include a dam break analysis, the dam height, […]
§ 4205. Repair, alteration, or removal of dams. (a) Before commencing the repair, alteration or removal of any dam to which this chapter applies, application shall be made by the owner for written approval by the Department, except as otherwise provided by this chapter. The application shall state the name and address of the owner, […]
§ 4206. Actions by the Department upon applications. (a) Public notice of application shall consist of an advertisement in a newspaper of general circulation in the county in which the activity is proposed and in a daily newspaper of general circulation throughout the State to include the fact that the application has been received, a […]
§ 4207. Fees. (a) The Department may establish an application fee not to exceed $500. (b) Any fees collected under this chapter are hereby appropriated to the Department to carry out the purposes of this chapter. The Secretary shall report through the annual budget process the receipt, proposed use and disbursement of these funds. 74 […]
§ 4208. Rules. The Secretary shall develop and adopt regulations and standards in conjunction with a regulatory advisory committee, appointed by the Secretary, which include public and private dam owners, as well as appropriate state and federal agencies, conservation districts, and other governmental subdivisions of the State. Dam safety regulations and standards shall include but […]
§ 4209. Supervision by qualified engineers; reports and modifications during work. (a) Any project for which the Department’s approval is required under §§ 4204, 4205 and 4206 of this title and any project undertaken pursuant to an order of the Department issued pursuant to this chapter or § 4212 of this title shall be designed […]
§ 4210. Notice of completion; certification of final approval. (a) Within 7 days of completion of construction, reconstruction, enlargement, repair, alteration or removal of any dam to which this chapter applies, notice of completion shall be given to the Department. Within 60 days thereafter supplementary drawings or descriptive matter showing or describing the dam as […]
§ 4211. Operation and maintenance of dams. The Department shall require that dam owners and operators develop, use and update as necessary an operation and maintenance plan which provides guidance and instruction to personnel for the proper operation and maintenance of any reservoir or dam to which this chapter applies to safeguard life and property. […]
§ 4212. Inspection of dams. The Department shall require regular inspection of any dam to which this chapter applies to safeguard life and property. The Secretary may adopt, amend, modify or repeal standards for the inspection of dams as may be necessary for the purposes of this section. The Department may vary the standards applicable […]
§ 4213. Appeals. (a) Except as otherwise provided in this chapter, any action or determination by the Department under this chapter shall be subject to appeal to the Environmental Appeals Board in accordance with the provisions of § 6008 of this title. (b) Appeals of decisions by the Environmental Appeals Board shall be conducted pursuant […]
§ 4214. Investigations by the Department. The Department shall make investigations and assemble such data as it deems necessary for a proper review and study of the design and construction of any dams, reservoirs and appurtenances to which this chapter applies, and for such purposes the Department or its agents may enter upon private property. […]
§ 4215. Liability for damages. No action shall be brought against the State, the Department, or any agent of the Department or any employee of the State or the Department for damages sustained through the partial or total failure of any dam, misoperation or its maintenance by reason of any supervision or other action taken […]
§ 4216. Enforcement procedures. (a) Any person who violates any rule, regulation, order, or condition imposed in an approved document or other provision of this chapter shall be fined not less than $200 or more than $2000 for each offense. Each day that the violation continues shall constitute a separate offense. The Justice of the […]
§ 4217. Rights of investigation, entry, access, inspection and protective action. (a) The Department shall have the right to direct the conduct of such investigations as it may reasonably deem necessary to carry out its duties prescribed in this chapter and the Department shall have the right to conduct such investigations, and for the purpose […]
