Nebraska Statutes 46-1664. Safety inspections; when; department; powers and duties
(1) The department shall inspect dams for the purpose of determining their safety. The normal inspection frequency shall be annually for high hazard potential dams, biennially for significant hazard potential dams, and every five years for low hazard potential dams and every five years or more for minimal hazard potential dams. The department may vary the inspection frequency of some sites based on an evaluation of the site performance history. The department may conduct additional inspections at any time. If serious safety concerns are found by the department during the inspections, the department shall require the owner to conduct tests and investigations sufficient for the department to determine the condition of the dam. After review of the tests or investigations, the department may require modification, removal, or breach of the dam or alteration of operating procedures to restore or improve the safety of the dam and may require installation of instrumentation to monitor the performance of the dam.
Terms Used In Nebraska Statutes 46-1664
- Breach: means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream. See Nebraska Statutes 46-1609
- Dam: means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam. See Nebraska Statutes 46-1611
- Department: means the Department of Natural Resources. See Nebraska Statutes 46-1613
- High hazard potential: means a hazard potential classification such that failure or misoperation of the dam resulting in loss of human life is probable. See Nebraska Statutes 46-1619
- Low hazard potential: means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life and in low economic loss. See Nebraska Statutes 46-1621
- Minimal hazard potential: means a hazard potential classification such that failure or misoperation of the dam would likely result in no economic loss beyond the cost of the structure itself and losses principally limited to the owner's property. See Nebraska Statutes 46-1623
- Owner: includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam:
(1) The United States Government and its departments, agencies, and bureaus. See Nebraska Statutes 46-1625
- Removal: means complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the site. See Nebraska Statutes 46-1630
- Significant hazard potential: means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life but could result in major economic loss, environmental damage, or disruption of lifeline facilities. See Nebraska Statutes 46-1632
(2) The department may report the results of dam inspections that determine unsafe conditions or noncompliance to the National Performance of Dams Program.