Section 11 AAC 93.157 - Hazard classification(a) In order to determine design, operation, inspection, maintenance, emergency action, and reporting criteria under AS 46.17 and 11 AAC 93.151 - 11 AAC 93.201, the department will periodically review and classify each artificial barrier according to the barrier's potential danger to life or property, and will assign the barrier one of the following hazard potential classifications: (1) a Class I (high) hazard potential classification, if the department determines that the failure or improper operation of the barrier will result in probable loss of human life;(2) a Class II (significant) hazard potential classification, if the department determines that the failure or improper operation of the barrier will result in(A) a significant danger to public health;(B) the probable loss of or probable significant damage to homes, occupied structures, commercial property, high-value property, major highways, primary roads, railroads, or public utilities, other than losses described in (3)(B) of this subsection;(C) other probable significant property losses or damage, other than losses described in (3)(B) of this subsection; or(D) probable loss of or significant damage to waters identified under 5 AAC 95.011(a) as important for the spawning, rearing, or migration of anadromous fish; or(3) a Class III (low) hazard potential classification if the department determines that the failure or improper operation of the barrier will result in(A) limited impacts to rural or undeveloped land, rural or secondary roads, and structures;(B) property losses or damage limited to the owner of the barrier; or(C) insignificant danger to public health.(b) As necessary to obtain accurate information for a review and classification under (a) of this section, the department will require the owner of an artificial barrier to submit the following information, on a form provided by the department and sealed by an engineer qualified under 11 AAC 93.193(a): (1) the type and height of the barrier and the impounding capacity of the reservoir at the maximum storage elevation;(2) the name of the water body, the location of the barrier and a description of the area downstream;(3) a proposed hazard potential classification, and any supporting information for that proposed classification; supporting information may include maps, an inundation map prepared in substantial accordance with 11 AAC 93.195, a dam break analysis, photographs, and engineering calculations.(c) The department may reject a hazard potential classification proposed under (b)(3) of this section and require the owner to submit additional information if the department determines that the (1) engineer who sealed that information is not qualified under 11 AAC 93.193(a); or(2) information previously provided is insufficient for the department to assign that hazard potential classification.(d) The department may assign an artificial barrier a higher hazard potential classification than one proposed under (b)(3) of this section. The department will assign the barrier a hazard potential classification based on the level of information readily available regarding the barrier and its potential hazards.Eff. 8/16/89, Register 111; am 10/2/2004, Register 171As of Register 186 (July 2008), and acting under AS 44.62.125(b)(6), the regulations attorney made technical changes to 11 AAC 93.157(a) (2)(D), to reflect Executive Order 114 (2008). Executive Order 114 transferred functions related to protection of fish habitat in rivers, lakes, and streams from the Department of Natural Resources to the Department of Fish and Game.
Authority:AS 46.17.010
AS 46.17.030
AS 46.17.050
AS 46.17.070