Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 299 - DAMS AND RESERVOIRS › Subchapter F - EMERGENCY MANAGEMENT › Section 299.61 - Emergency Action Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) The owners
				  of all high- and significant-hazard dams, as defined in §
										299.13
				  of this title (relating to Size Classification Criteria) and §
										299.14
				  of this title (relating to Hazard Classification Criteria), shall prepare an
				  emergency action plan to be followed by the owner in the event or threat of a
				  dam emergency.
(b) The owner of an
				  existing high- or significant-hazard dam shall submit the emergency action plan
				  to the executive director for review within two years after the effective date
				  of the rules unless an extension of the time frame is requested and approved by
				  the executive director as described in subsection (d) of this
				  section.
(c) The owner of a
				  proposed high- or significant-hazard dam shall submit the emergency action plan
				  to the executive director before either requesting closure of the dam or upon
				  completion of construction of the dam, if the dam does not require a closure
				  section.
(d) The owner shall
				  prepare the emergency action plan using guidelines provided by the executive
				  director or using a format approved by the executive director before the plan
				  is prepared. If an owner owns more than one dam, the owner shall prepare a
				  plan, with timelines, for preparing emergency action plans based on priority
				  determined by hazard and submit the plan to the executive director for review.
				  If an owner cannot complete the emergency action plan within the two years
				  required in subsection (b) of this section, the owner shall request an
				  extension of time showing cause or a reasonable basis for the need for an
				  extension and providing a time frame to complete. The request shall be
				  submitted to the executive director for review and approval.
(e) The executive director shall review the
				  emergency action plan and provide any comments in writing to the
				  owner.
(f) The executive director
				  shall file the emergency action plan in the agency's confidential, permanent
				  records.
(g) The owner shall review
				  the emergency action plan annually, update the emergency action plan as
				  necessary, and submit a copy of the updated portions of the emergency action
				  plan to the executive director annually beginning three years after the
				  effective date of this section. If the emergency action plan was reviewed by
				  the owner and no updates were necessary, the owner shall submit written
				  notification to the executive director that no updates to the emergency action
				  plan have been adopted or implemented.
(h) The owner shall perform a table top
				  exercise of the emergency action plan on the frequency provided in the owner's
				  emergency action plan, or at least every five years. A table top exercise is a
				  meeting of the owner and the state and local emergency management personnel in
				  a conference room setting.