About EAPs

What is the law in Indiana?

Incident and Emergency Action Plans are not required under Indiana law or regulations. If at any time the condition of a structure becomes so dangerous to the safety of life and property that, in the opinion of the DNR dam safety engineers, there is not sufficient time for the issuance and enforcement of an order for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of the structure, the department may immediately take the measures that are essential to provide emergency protection to life and property, including the lowering of the water level by releasing water or by a controlled breach of the structure. The department may recover the cost of the emergency measures from the owner by appropriate legal action.

Dam owners are strongly urged by DNR dam safety engineers, state and local emergency management directors, and federal dam safety authorities to have IEAPs for their HHP dams. It boils down to a simple question for any dam owner: Without an IEAP how will you know what to do if there is a dam emergency, and how will you know if everyone your dam puts at risk can be notified to evacuate?

IEAPs on HHP dams may not be a legal obligation, but they surely are a social and moral obligation of dam owners, as well as a smart, proactive legal strategy. Dam owners and operating personnel must be prepared to act promptly and effectively when a dam begins to shown signs of failure. Early identification of a hazardous situation may provide additional time to warn and evacuate downstream residents and to implement measures to prevent or delay dam failure. Because failure of a dam may take only minutes or hours, it is imperative to have a detailed plan of action ready to use. This IEAP should include procedures for notification and coordination with local law enforcement and other governmental agencies, information on potential areas of inundation, plans for warning and evacuation, and information on resources and procedures for making emergency repairs. An IEAP is customized to a specific dam and helps assure an orderly, thorough, timely, and proper emergency response.