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(a) The owner of a dam shall maintain on file, either at the location of the dam or at the owner's regular place of business in the state, all records pertaining to the safety of the dam, including
(1) construction plans and specifications;
(2) engineering reports;
(3) record drawings;
(4) all completion reports;
(5) construction inspection reports;
(6) material test analyses;
(7) reports of routine safety inspections and monitoring performed as specified in the operation and maintenance manual required under 11 AAC 93.167(b) (2), 11 AAC 93.171(f) (6)(B), or 11 AAC 93.173(g) (2);
(8) periodic safety inspection reports required under 11 AAC 93.159; and
(9) all other information and documents that might contain data relevant to the safety of the dam.
(11) the current emergency action plan required under 11 AAC 93.164.
(b) All records that the owner is required to retain under this section must be open to the department's inspection and copying during the owner's regular business hours, or, in the event of an emergency, at any time the department considers necessary.
(c) The department may seek an administrative subpoena requiring the owner or the owner's agents, contractors, or employees, to produce, within seven days, any record that the owner is required to retain under this section. If the party refuses to comply with the subpoena, the department may seek to enforce the subpoena by filing an appropriate action in superior court.
(d) A record required under this section shall be maintained as long as the dam is in service and for an additional period of time that the department specifies, as necessary to protect life and property, in a certificate of approval issued under 11 AAC 93.172 for removal or abandonment of a dam.
History: Eff. 8/16/89, Register 111; am 10/2/2004, Register 171
Authority: AS 46.17.010
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Last modified 7/05/2006