11 AAC 93.161. State inspections

(a) The department may inspect a dam or artificial barrier, regardless of its size or hazard potential classification, after providing notice to the owner under AS 46.17.060 .

(b) If the department determines that providing two weeks' notice under AS 46.17.060 is not practical because the dam or barrier presents a potential immediate danger to life or property, the department will give the owner of the dam or barrier as much notice before the inspection as is reasonable under the circumstances.

(c) The owner of a dam shall reimburse the department for costs that the department incurs in making an inspection under this section, including the costs of conducting related dam safety studies and analyses and employing consulting engineers or contractors, if the department determines that a condition may exist that could adversely affect the safety of the dam and the

(1) owner has failed or refused to perform a periodic safety inspection in accordance with 11 AAC 93.159; or

(2) periodic safety inspection report submitted under 11 AAC 93.159(c) is inadequate, and the owner has failed to respond to a department order or request for additional information.

History: Eff. 8/16/89, Register 111; am 10/2/2004, Register 171

Authority: AS 46.17.010

AS 46.17.030

AS 46.17.050

AS 46.17.060

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