§1111. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 460, §3 (NEW).] 1. Dam. “Dam” means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, […]
§1112. Administration The department shall administer this chapter. In carrying out the provisions of this chapter, the department shall consult as appropriate with other state agencies, including the Department of Agriculture, Conservation and Forestry, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Public […]
§1113. Duties of the department The department shall inspect existing dams and reservoirs to determine their hazard potential, review the design and construction of new and reconstructed dams, assist dam owners in developing emergency action plans to minimize the effects of dam failure and take all necessary actions in emergency situations of probable dam failure […]
§1114. Powers of the department 1. Rules. In accordance with Title 5, chapter 375, subchapter II, the department may adopt, modify or repeal rules for carrying out this chapter. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A. [PL 2001, c. 460, §3 (NEW).] 2. Emergency […]
§1115. Jurisdiction The inspection of and design standards for all dams are under the sole jurisdiction of the department, except that the department does not have jurisdiction over any dam licensed or inspected by any department of the Federal Government or by the International Joint Commission. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY […]
§1116. Design standards All new dams that reasonably will be classified as high or significant hazard potential dams must be designed, constructed or reconstructed under the supervision of a registered professional engineer. Prior to construction, the dam owner shall provide a copy of the plans and specifications to the department. [PL 2001, c. 460, […]
§1117. Inspectors of dams The commissioner shall appoint or hire one or more dam inspectors who are licensed as professional engineers under Title 32, chapter 19 and who are experienced in the inspection and design of dams. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
§1118. Dam hazard evaluation 1. Evaluation. The commissioner shall evaluate all dams to assign or reassign a hazard potential classification in accordance with the following schedule: A. New or reconstructed dams, within 6 months of construction or reconstruction; [PL 2001, c. 460, §3 (NEW).] B. All other dams, at least once every 12 […]
§1119. Dam condition inspection 1. Inspections. A state dam inspector shall conduct an inspection of all high and significant hazard potential dams to determine whether the integrity, structural stability, function or operation of those dams constitutes a threat to public safety, in accordance with the following schedule: A. All significant hazard potential dams, at […]
§1120. Enforcement The commissioner may commence an action to enjoin the violation of any provision of this chapter. The commissioner may enforce any order by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order. [PL 2001, c. 460, §3 (NEW).] The owners, […]
§1121. Appeal Any person aggrieved by an order of the commissioner may appeal to the Superior Court under Title 5, chapter 375, subchapter VII. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
§1122. Exemptions Dams licensed by or subject to the jurisdiction of the Federal Energy Regulatory Commission are exempt from this chapter. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
§1123. Rights of owner This chapter may not be construed to deprive any owner of recourse to the court in which that owner may be entitled to relief under the laws of this State. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
§1124. Immunity An action may not be brought against the State, the department or its agents or employees for any action taken or failure to take action pursuant to this chapter. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
§1125. Relief of obligation This chapter may not be construed as relieving a person of duties, responsibilities or liabilities imposed by any other law, regulation, municipal ordinance or rule of law, including, but not limited to, the need to obtain permits or other approvals required to authorize repairs or other remedial measures at a dam […]
§1126. Access and notification 1. Department access. A state dam inspector and any department staff member must have full access to any dam site under the commissioner’s jurisdiction for the purpose of conducting an inspection or enforcing an order under this chapter subject to the Maine Rules of Civil Procedure, Rule 80E. [PL 2001, […]
§1127. Emergency action plans Within 6 months after the determination of classification, the owner of a dam under the commissioner’s jurisdiction that is classified as high or significant hazard potential shall prepare an emergency action plan, which must be updated every 2 years. Such emergency action plans must be reviewed for adequacy by the department. […]
§1128. 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 potential dam shall provide in writing to the commissioner the name and address of the prospective new owner […]
§1129. Violations In addition to any other forfeitures or penalties provided by law, a person who violates any provisions of this chapter or any rule or order adopted, promulgated or issued under this chapter is subject to a civil penalty as assessed by the commissioner of not less than $100 nor more than $5,000 for […]
§1130. Dam Repair and Reconstruction Fund 1. Fund established. The Dam Repair and Reconstruction Fund, referred to in this section as the “fund,” is established within the department. The department shall administer the fund and make low-interest loans from the fund for purposes pursuant to this section. The department may seek assistance from the Maine […]
