California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 1 - Dams and Reservoirs › Article 7 - Administrative Enforcement › Section 337.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the context clearly indicates otherwise, as used in
					 this article and Article 7.1, the terms below shall have the meanings
					 noted:
(a) "ALJ" means Administrative
				  Law Judge.
(b) "Cal OES" means the
				  California Governor's Office of Emergency Services.
(c) "Dam owner" has the same meaning as
				  "Owner" provided in section
				  6005 of the
				  Water Code.
(d) "Dam Safety
				  Program" means the department's program to regulate and supervise the safety of
				  dams under Water Code, Division 3, Part 1 and implementing
				  regulations.
(e) "Dam Safety
				  Program requirements" means any requirement imposed by Water Code, Division 3,
				  Part 1 or implementing regulations, or any approval, order, or requirement
				  issued under Water Code, Division 3, Part 1 or implementing
				  regulations.
(f) "Department" means
				  the California Department of Water Resources.
(g) "DSOD" means the department's Division of
				  Safety of Dams.
(h) "EAP" means an
				  emergency action plan as described in section
				  8589.5 of
				  the Government Code and includes updates to an EAP as required by Water Code
				  section
				  6161.
(i) "Interested person" means any person that
				  has an interest in the safety of a particular dam or dam safety in
				  general.
(j) "Inundation map" means
				  an inundation map as described in Water Code section
				  6161 and
				  California Code of Regulations, Title 23, section
				  335.2(a)(17), and
				  updates to an inundation map as required by Water Code section
				  6161 and
				  California Code of Regulations, Title 23, section
				  335.16.
(k) "OAH" means the Office of Administrative
				  Hearings of the Department of General Services.
(l) "Parties" means the owner of the dam that
				  is the subject of the action, DSOD and Cal OES, with respect to actions to
				  ensure compliance with Water Code, Division 3, Part 1, Chapter 4, Article
				  6.
(m) "Period of Violation" is the
				  number of calendar days, as determined by the department, that a dam owner is
				  in violation of Water Code, Division 3, Part 1, implementing regulations, or
				  any department approvals, orders, or requirements issued under Water Code,
				  Division 3, Part 1.
(n) "Presiding
				  officer" means an impartial person designated by the department to conduct the
				  hearing under this article, including an Administrative Law Judge assigned by
				  OAH.
(o) "Reservoir restrictions"
				  means restricting the level of water storage in reservoirs as a punitive
				  action, as authorized under Water Code section
				  6429, and does
				  not include reservoir restrictions that are directed by the department or
				  undertaken voluntarily by a dam owner primarily as a means of risk
				  reduction.
1. New
					 section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2022, No. 38).
Note: Authority cited: Section
						6078, Water
						Code. Reference: Sections
						6005,
						6160,
						6161,
						6357 and
						6429, Water
						Code.