2017 ORS 540.353¹
Emergency action plans for dams with high hazard ratings
  • inspections

(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. [2017 c.723 §2]

Note: 540.353 (Emergency action plans for dams with high hazard ratings) was added to and made a part of ORS chapter 540 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Note: Section 3, chapter 723, Oregon Laws 2017, provides:

Sec. 3. (1) As used in this section, “emergency action plan” and “high hazard rating” have the meanings given those terms in section 2 of this 2017 Act [540.353 (Emergency action plans for dams with high hazard ratings)].

(2) A dam constructed prior to the effective date of this 2017 Act [January 1, 2018] that has a high hazard rating shall have an emergency action plan filed as required in section 2 of this 2017 Act no later than one year after the effective date of this 2017 Act. [2017 c.723 §3]

Chapter 540

Law Review Cita­tions

11 EL 390 (1981)

1 Legislative Counsel Committee, CHAPTER 540—Distribution of Water; Watermasters; Change in Use; Transfer or Forfeiture of Water Rights, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors540.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 540, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano540.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.