01-001 C.M.R. ch. 375, § 2 - Scope of Dam inspection

A. The inspector of Dam shall make a safety assessment of a given dam or reservoir with a degree of thoroughness appropriate for the particular facility, taking into account such factors as:

a. consequences of a total failure of the facility

b. stage of life of the project

c. level of safety required

d. nature of the facility and its site

The Inspector of Dam shall first make the appropriate determination of the level of consequences of a complete failure of the darn or reservoir. He shall then determine appropriate criteria for the performance of the facility. Next, he shall make a site inspection in which he searches for any field evidence of possible malfunctions of the facility. During or following the site inspection, the Inspector of Dam shall obtain any available documents on the investigation, design, construction, and performance of the dam.

B. Following such site inspection, the Inspector of Dams shall take the testimony of witnesses concerning the safety and sufficiency of the dam or reservoir as provided in 38 M.R.S.A. §811 and according to the procedure for the conduct of hearings contained in 01-019 CMR 30.4 and .5. For purposes of this chapter, unless the content otherwise indicates, all references to "The Chairman of the Soil and Water Conservation Commission" and "The Commission" which appear in 01-019 CMR 30.4 and .5 shall be deemed to refer to the Inspector of Dams.

Notes

01-001 C.M.R. ch. 375, § 2