The chief of the division of soil and water resources, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend and rescind, rules establishing a program under which dams and levees may be exempted from inspections under section 1521.062 of the Revised Code if the continued operation and use of, and any rupturing of or other structural damage to, the dams and levees will not constitute a hazard to life, health, or property. The rules shall establish, without limitation, all of the following:
(A) A procedure by which the owner of such a dam or levee may apply for an exemption under this section;
(B) The standards that a dam or levee shall meet in order to be exempted under this section;
(C) A procedure by which the chief shall periodically review the status of a dam or levee that has been exempted under this section to determine if the exemption should be rescinded;
(D) A requirement that the owner of any dam or levee exempted under this section shall agree, in writing, to accept liability for any injury, death, or loss to persons or property caused by the rupturing of or other structural damage to the dam or levee.
Amended by 128th General AssemblyFile No.9,HB 1, §101.01, eff. 7/17/2009.
Effective Date: 09-28-1990; 04-06-2007