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(1) The following constitute emergency conditions on any dam or reservoir:

(a) failure of the dam; or

(b) the occurrence of a critical condition such that the integrity of the dam or any of its appurtenances is immediately threatened, including for example:

(i) excessive and unusual seepage on the outer slope or downstream from the toe of the dam or near or around a conduit through the dam as indicated by unusual damp areas, boils, cones, and deltas;

(ii) bulging of the downstream slope of the dam;

(iii) subsidence or cracking of the crest on either slope of the dam and slopes in the reservoir area;

(iv) substantial or threatening surface erosion, gullying, or wave erosion on the upstream or downstream slope of the dam, including berms and the area beyond the downstream toe of the dam and below or around conduits exiting the dam or spillways; and

(v) an inflow that equals or exceeds the maximum inflow design flood.

History: Sec. 85-15-110, MCA; IMP, Sec. 85-15-215, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88.

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