Section 3702.190  Emergency Procedures

a)         In the event a dam constitutes a serious threat to life or a threat of substantial property damage and is found to be in immediate danger of failure, OWR shall give the owner proper notice, providing the owner is known, is immediately available, and is competent, to take those actions necessary to prevent or alleviate threat to life and property downstream of the dam.

b)         The actions may include, but are not limited to lowering normal pool level, complete dewatering, breaching of the dam, and initiating a surveillance program for dam and lake conditions.  The action required of the dam owner may also include, in cooperation with appropriate state and local officials, initiating emergency procedures for evacuation of downstream areas threatened with breach damage.  OWR may hold public meetings in the area and issue press releases, when these are the most expedient means for informing the concerned persons and officials of the hazard involved, or if public meetings are necessary to alleviate unfounded fears as to the severity of the hazard involved.

c)         If the dam owner fails to take these actions in a timely manner, or if OWR finds that because of imminent hazard to public safety, notice and opportunity for hearing and for appropriate action by the dam owner are not feasible, then the State may pursue appropriate emergency administrative or court action to deal with the emergency.