The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them except where the context clearly indicates a different meaning:

(1) “Dam” shall mean any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials.

(2) “Department” shall mean the Department of Natural Resources and Environmental Control.

(3) “Emergency action plan” shall mean a plan prepared by the dam owner and approved by the Department which identifies emergency conditions at a dam and specifies preplanned actions to minimize loss of life and property damage in the event of a potential dam failure.

(4) “High hazard potential dam” shall mean any dam whose failure or misoperation will cause probable loss of human life.

(5) “Low hazard potential dam” shall mean any dam whose failure or misoperation is unlikely to cause loss of human life but may cause minor economic and/or environmental losses.

(6) “Maximum storage elevation” shall mean the elevation of the lowest point of the top of dam independent of low points caused by partial failure or collapse.

(7) “Owner” shall include any of the following who own, control, operate, maintain, manage, or propose to construct, reconstruct, enlarge, repair, alter, remove or abandon a dam or reservoir: the State and its departments, institutions, agencies and political subdivisions; every municipal or quasi-municipal corporation; every public utility; every district; every person; the duly authorized agents, lessees, or trustees of any of the foregoing; and receivers or trustees appointed by any court for any of the foregoing.

(8) “Person” shall mean any person, firm, association, organization, partnership, business trust, corporation or company.

(9) “Reservoir” shall mean any basin that contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of its having been impounded by a dam.

(10) “Secretary” shall mean the Secretary of the Department of Natural Resources and Environmental Control.

(11) “Significant hazard potential dam” shall mean any dam whose failure or misoperation will cause possible loss of human life, economic loss, environmental damage, disruption of lifeline facilities, or can impact other concerns.

(12) “State” shall mean the State of Delaware.

(13) “Supervising engineer” shall mean the design engineer who is responsible for conducting dam construction quality assurance inspections in order to certify the construction has been completed in accordance with the approved plans and specifications.

74 Del. Laws, c. 392, § ?1;