Owners of dams classified as high or significant hazard potential shall prepare, maintain and exercise an emergency action plan for immediate action in the event of a potential dam failure. Because each site and operating practice is unique, waivers of specific requirements in this section will be considered on a case-by-case basis. Request for waiver shall be in writing accompanied with documentation justifying the request. If the request is not justified to the satisfaction of the state engineer the request will be denied. The emergency action plan shall follow the format provided by the state engineer or a format that has prior approval of the state engineer. The emergency action plan shall also be submitted in an electronic format acceptable to the state engineer. The front cover shall identify the document as an emergency action plan and shall show the name of the dam, the county in which the dam is located and the dam owner. The pages immediately behind the front cover shall show the name of the dam, the county in which the dam is located, signed certifications from the dam owner, engineer, local and state officials responsible for emergency management and a certification for the state engineer in accordance with Subsections A, B, D and E of 19.25.12.12 NMAC. The dam owner shall coordinate with the local emergency management office in preparing the emergency action plan. The coordination is required to ensure that there is an agreement on the evacuation limits and responsibilities. The dam owner shall submit a copy to the local and state officials responsible for emergency management for acceptance prior to submittal to the state engineer. The dam owner shall review the emergency action plan annually, update as necessary and furnish a copy of updates to all official copyholders. The dam owner shall exercise the emergency action plan to verify those involved in its implementation know their roles and responsibilities. It is recommended the dam owner conduct a functional exercise of the emergency action plan every 5 years with a table top exercise conducted 2 to 3 years before the functional exercise. The exercise may result in updates to ensure the emergency action plan maintains operational readiness, timeliness and responsiveness. Failure to act in accordance with the accepted emergency action plan that affects public safety will result in an order being issued requiring the dam owner to address the problem. Failure to comply with orders issued by the state engineer may result in the license to operate the dam being revoked and the dam being ordered breached in accordance with Subsection B or C of 19.25.12.19 NMAC. A professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall prepare engineering information for the emergency action plan as specified below. An emergency action plan shall contain the information described below and any other additional information determined necessary by the state engineer or emergency management official to evaluate the planned response to an emergency situation by the dam owner.
A. Notification flowchart: A notification flowchart showing who is to be notified, by whom and in what priority.B. Emergency detection, evaluation and classification: Procedures for reliably and timely identifying an emergency situation to ensure that an appropriate course of action is implemented. A professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall prepare this element.C. Responsibilities: A list designating responsibilities for the emergency action plan related tasks including, but not limited to developing, maintaining, exercising, implementing, warning, evacuation and termination of the emergency.D. Preparedness: A list of materials, equipment and manpower available to moderate or alleviate the effects of a dam failure or spillway release.E. Evacuation map: An evacuation map delineating the areas that will be evacuated as a result of dam failure. The evacuation map shall extend to a point where the consequences of dam failure does not pose a threat to life and evacuation or restricting access is not required. If available, shape files from geographic information system software of the evacuation map shall be submitted. Evacuation maps shall include the following information at critical locations downstream when required by the local official responsible for emergency management: (1) distance downstream from the dam;(2) arrival time of the leading edge of the flood wave;(3) peak flow depth, incremental rise or water surface elevation in feet; and(4) peak velocity in feet per second.F. Inundation map: An inundation map delineating the areas that will be flooded as a result of dam failure. The inundation map shall be supported by a dam breach and flood routing analysis report. The dam breach and flood routing analysis shall evaluate the sunny day failure, failure at the high water line and any additional event deemed appropriate by the dam owner. If appropriate considering the consequences of dam failure, a simplified dam breach and flood routing analysis may be used with approval from the state engineer. If a dam is located downstream, failure scenarios with the downstream dam shall also be evaluated. Evaluation of the effects of flooding from dam failure shall extend at least to the location downstream where the consequences of dam failure does not pose a threat to life and evacuation or restricting access is not required. A professional engineer licensed in the state of New Mexico qualified in the design and construction of dams shall prepare this element. If available, shape files from geographic information system software of the inundation map shall be submitted. Inundation maps shall include the following information at critical locations downstream: (1) distance downstream from the dam;(2) arrival time of the leading edge of the flood wave;(3) peak flow depth, incremental rise and water surface elevation in feet; and(4) peak velocity in feet per second.G. Appendices: All information that supports and supplements the material used in the development and maintenance of the emergency action plan. The dam breach and flood routing analysis report shall be submitted as a separate document.N.M. Admin. Code § 19.25.12.18
19.25.12.18 NMAC - N, 3/31/2005; A, 12/31/2010