Note: 540.353 is repealed July 1, 2020. See sections 27 and 28, chapter 390, Oregon Laws 2019. 540.353 (2017 Edition) is set forth for the user’s convenience. (1) As used in this section:

(a) "Emergency action plan" means a plan that assists a dam owner or operator and the local emergency manager to perform actions to ensure human safety in the event of a potential or actual failure of a dam or a sudden release of water.

(b) "High hazard rating" means that the Water Resources Department expects loss of human life to occur if a dam fails.

(2) Except as provided in subsection (6) of this section, the department shall require the owner or operator of a dam with a high hazard rating to develop an emergency action plan for the dam. The emergency action plan must include, but need not be limited to:

(a) Means for emergency condition detection;

(b) Means for emergency level determination;

(c) Identification of, and information necessary for, the notifications and communications to be made at each level of emergency condition;

(d) A description of actions expected to be undertaken to prevent dam failure or reduce the effects of dam failure;

(e) A map of the dam failure inundation zones for varying conditions, including but not limited to dry weather conditions and high flood conditions; and

(f) Procedures to be followed at termination of an emergency.

(3) An owner or operator of a dam with a high hazard rating shall file copies of the emergency action plan for the dam with the department, the Office of Emergency Management and the local emergency services agency for the county where the dam is located. The department, in consultation with the office and local emergency services agency, shall periodically review and require updates to the emergency action plan.

(4) The department, in consultation with the office and local emergency services agency, shall determine the frequency for the conducting of emergency response exercises at a dam with a high hazard rating.

(5) The department shall inspect a dam with a high hazard rating annually, unless the department determines that a different inspection schedule is appropriate.

(6) This section does not apply to a dam that is regulated under the dam safety program of a federal agency.