11 AAC 93.173. Certificates of approval

(a) The department will issue a certificate of approval if it determines that the action for which approval is sought may be conducted without unreasonable risk to life or property, and for a certificate of approval

(1) for construction, modification, or repair of a dam, after reviewing information and documents submitted under 11 AAC 93.171 (a)(1) - (5);

(2) for removal or abandonment of a dam, after reviewing information and documents submitted under 11 AAC 93.172(a) ; or

(3) to operate a dam, after reviewing information and documents submitted under 11 AAC 93.167 or 11 AAC 93.171(a) (6).

(b) The department will deny a certificate of approval if the owner fails to submit a complete application under 11 AAC 93.167, 11 AAC 93.171, or 11 AAC 93.172, or the department determines that the proposed construction, modification, repair, operation, removal, or abandonment of the dam would present an unreasonable risk to life or property.

(c) After the issuance of a certificate of approval for construction, repair, modification, removal, or abandonment of a dam, the owner may begin the construction, repair, modification, removal, or abandonment. During the construction, repair, modification, removal, or abandonment, and until it is completed,

(1) the owner may not deviate from the terms and conditions of the certificate or from approved plans, drawings, and specifications without the department's approval;

(2) except for the removal or abandonment of a Class III dam, an engineer qualified under 11 AAC 93.193(c) shall observe' and inspect the work for compliance with the approved plans, drawings, and specifications; and

(3) the department may, upon 24 hours' notice to the owner, inspect the dam or any work associated with the construction, operation, modification, repair, removal, or abandonment of the dam.

(d) Water may not be impounded behind a newly constructed dam, and additional water may not be impounded behind a repaired or modified dam, until the department issues, under (a) of this section, a certificate of approval to operate a dam.

(e) A certificate of approval is valid only for the period of time specified in the certificate. An action allowed under the certificate may not continue beyond the certificate's expiration date.

(f) The department will extend the expiration date of a certificate of approval to operate a dam by up to 90 days if the

(1) owner submits to the department a current periodic safety inspection report as provided under 11 AAC 93.159; and

(2) department determines that the dam may be operated safely during the period of extension.

(g) In order to renew a certificate of approval to operate a dam, the owner must submit the following information to the department before the expiration date of the certificate of approval:

(1) a current, periodic safety inspection report as provided under 11 AAC 93.159;

(2) a current operation and maintenance manual as provided in 11 AAC 93.167 or 11 AAC 93.171;

(3) for owners of Class I or Class II dams, a current emergency action plan as provided in 11 AAC 93.164.

(h) The department will renew a certificate of approval to operate a dam if the department determines that the action for which approval is sought may be conducted without unreasonable risk to life or property, and after reviewing the information and documents submitted under (g) of this section.

(i) As the department considers necessary to protect life and property, the department will specify terms and conditions for a certificate of approval, including

(1) maximum or minimum filling rates and other conditions to ensure proper loading of the dam during the initial filling of the reservoir;

(2) normal and maximum reservoir water elevations;

(3) due dates and frequencies for routine inspections, for periodic safety inspections required under 11 AAC 93.159, and for emergency action plan exercises and revisions required under 11 AAC 93.164; and

(4) operation and maintenance procedures.

(j) An owner may not assign or otherwise transfer a certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or this section. To request that the department transfer a certificate of approval issued under 11 AAC 93.167, 11 AAC 93.171, or this section, the transferor and the transferee must submit a joint application on a form provided by the department and pay the applicable fees provided in 11 AAC 05.010(a) (8)(K). The department may approve the transfer and issue a new certificate of approval including any terms and conditions that the department determines are necessary to ensure that the dam will be operated and maintained in a safe manner.

(k) department may revoke a certificate of approval for construction, modification, repair, removal, or abandonment of a dam or a certificate of approval to operate a dam if

(1) the department determines that the operation, construction, repair, modification, removal, or abandonment of a dam presents an unreasonable risk to life or property;

(2) the owner fails to submit a periodic safety inspection report required under 11 AAC 93.159;

(3) the department rejects a periodic safety inspection report because the report is inadequate for the department to determine the safety of the dam; or

(4) after reviewing a periodic safety inspection report or other information, the department determines that the dam is unsafe.

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

Authority: AS 38.05.035

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