Kan. Admin. Regs. § 5-40-73 - Emergency action plan
(a) The owner of
each hazard class B dam shall create an emergency action plan (EAP) on a form
prescribed by the chief engineer. The owner shall keep the original EAP and
submit a copy of the EAP to the chief engineer. The EAP shall address each of
the following:
(1) A description of the dam,
including the location of the dam and the access roads;
(2) the name, address, and telephone number
of the person responsible for notifying local authorities of an emergency;
(3) a map or written description
of the area that could be inundated by the type of breach described in K.A.R.
5-40-24;
(4) a list of persons who
should be notified in case of an emergency, including the telephone numbers of
those persons and their responsibilities; and
(5) the names, addresses, and telephone
numbers of each owner of the dam and its appurtenances and those persons
responsible for the operation and maintenance of the dam.
(b) Except as specified in subsection (d),
the owner of a hazard class C dam shall create and maintain an emergency action
plan that meets the recommendations of the "federal guidelines for dam safety:
emergency action planning for dam owners," prepared by the interagency
committee on dam safety and published by the federal emergency management
agency, dated October 1998 and reprinted January 2004, which is hereby adopted
by reference. The owner shall submit a copy of the EAP to the chief engineer.
(c) The owner of any dam for which
an EAP is required under these regulations shall annually review the EAP to
determine if it is still accurate and applicable to the current condition of
the dam and current downstream conditions, including the following:
(1) The contact names and related
information;
(2) the breach
inundation map or a description of the inundation area; and
(3) emergency procedures.
If any material changes are made when updating the EAP, a copy of the revised EAP shall be submitted to the chief engineer.
(d) Any owner of a hazard class C
dam may request that the chief engineer allow the owner to submit an EAP that
meets only the requirements of subsection (a) in lieu of meeting the
requirements of subsection (b). To make this request, the owner shall submit
written justification of why an EAP meeting the requirements of subsection (a)
is sufficient to protect the public safety. If the chief engineer approves the
request, the chief engineer shall reserve the right to later impose the
requirements of subsection (b) if downstream conditions change, the condition
of the dam deteriorates, or the EAP does not adequately protect the public
safety.
(e) The owner of a hazard
class B dam shall submit the required EAP within 180 days of written
notification by the chief engineer of the requirement.
(f) The owner of a hazard class C dam shall
submit the required EAP within 180 days of written notification by the chief
engineer that an EAP is required and that an adequate EAP is not on file in the
chief engineer's office.
Notes
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