(a) Alternatives. Instead of upgrading the dam using structural methods, an owner may seek to implement alternative methods. Such alternative methods shall include but is not limited to the following:
- (1) a current breach analysis and hydrologic study that demonstrates a lesser hazard-potential classification is correct; or
- (2) a current breach analysis and design flood analyses that demonstrate existing downstream developments would not be adversely affected by more than one foot difference between breach and non-breach simulations in the affected area, or records showing the downstream development has been dedicated to non-residential and non-commercial use; or
- (3) a plan to permanently remove the dam.
- (b) Schedule of Compliance. An owner may seek a compliance schedule with the Board that sets the timeframes for various stages of work to be performed. In considering such applications to upgrade on a compliance schedule the Board shall evaluate whether the current dam will not significantly affect the public safety during the compliance period.
Added at 27 Ok Reg 1300, eff 5-27-10