- (a) When the executive director finds that a dam or reservoir poses a level of danger to the public which is unacceptable when evaluated in accordance with commission rules, he may either refer the matter directly to the attorney general for injunctive relief or he may seek an order from the commission to direct the owner to take appropriate action to remove the danger to life and property. An owner who willfully fails or refuses to take appropriate action is liable for a penalty of not more than $1,000 a day for each day the violation continues.
- (b) In determining whether an existing or proposed dam and reservoir constitutes an unacceptable danger to life or property, the commission shall evaluate both the hydrologic and, if possible, the structural adequacy of the dam. The commission may take into consideration condition, including, but not limited to, the possibility that the dam might be endangered by overtopping, seepage, piping, settlement, erosion, cracking, earth movement, uplift, overturning, or failure of bulkheads, flashboards, gates, spillways, and conduits.
- (c) Dams and associated facilities must be adequately maintained throughout their lives, including as necessary, the operation and maintenance of surveillance and monitoring devices to detect changes in the dam and/or its foundation and appurtenant facilities. If abandoned at any time, a dam must be removed or breached in a manner to eliminate any hazard to life and property downstream.
- (d) Dam and spillway adequacy shall be evaluated utilizing standard engineering procedures and techniques including, but not limited to, those employed and recommended by the Corps of Engineers, Soil Conservation Service, Bureau of Reclamation, and the American Society of Civil Engineers.
Source Note:The provisions of this §299.2 adopted to be effective May 13, 1986, 11 TexReg 1978.