1. (a) An engineer inspecting a dam or reservoir pursuant to Section 33-7-72 shall assign a hazard potential classification to the dam or reservoir.

2. (b) In order to protect life and property, participating owners of high and significant hazard potential dams and reservoirs shall develop and file with the agency an emergency action plan prepared by an engineer in consultation with the Director of Emergency Management, or his or her designee, which shall be implemented in the event of an emergency involving that participating owner’s dam or reservoir. The participating owners of such dams and reservoirs shall periodically test and update the emergency action plan. The plan shall include all of the following elements:

   1. (1) Emergency notification plan with flowchart.
   2. (2) Statement of purpose.
   3. (3) Project description.
   4. (4) Emergency detection, evaluation, and classification.
   5. (5) General responsibilities.
   6. (6) Preparedness.
   7. (7) Inundation maps or other acceptable description of the inundated area.
   8. (8) Appendices.
3. (c) If the participating owner of a dam or reservoir makes the determination that an emergency involving a dam or reservoir exists, the owner shall immediately implement the emergency action plan, notify the agency, and take any additional actions necessary to safeguard life, health, and property.

(Act 2023-414, §4; Act 2026-482, §1.)