Current through Register Vol. 48, No. 3, March 22, 2024
A. General. The Department has the authority and responsibility to issue orders to dam owners mandating remedial measures necessary to protect life and property from danger imposed by unsafe dams. The remedial measures ordered by the Department shall be made at the dam owner's expense and shall normally include a detailed inspection followed by appropriate repairs.
B. Inspection and Repair Order.
1. If upon the findings of a preliminary inspection, it is determined that a dam or reservoir is apparently unsafe and a danger to life or property, the Department may issue an "Inspection and Repair Order" to the owner of such dam or reservoir to make at his expense a detailed inspection of the dam or reservoir and to submit plans and specifications to the Department in the form of a permit application to correct all problems found by the detailed inspection. Based on the findings of the detailed inspection, the owner shall make the decision to repair, to alter or to remove the dam and shall submit the appropriate permit application as prescribed in the Regulation on Permitting Procedures and Requirements.
2. If an inspection and repair order is issued, it shall state the findings of the preliminary inspection, the remedial measures required and the date by which such measures are to be completed.
3. The owner of a dam or reservoir which has been determined through a preliminary inspection to be unsafe and a danger to life or property has the right to request a hearing before an Administrative Law Judge if the request is made within thirty (30) days after receiving written notice of such findings, as hereinafter provided in the Regulation on Hearings and Hearing Procedures. The Department may solicit voluntary compliance by the owner to take the remedial steps necessary to reduce the risk of dam failure.
4. Extension of time to complete work specified in an inspection and repair order may be granted by the Department, provided, however, no extension shall be granted when there appears substantial and immediate danger of dam failure.
C. Maintenance Order. If upon the findings of a preliminary inspection, it is determined that a dam or reservoir is not being properly maintained, the Department may issue a "Maintenance Order" to the owner of such dam or reservoir to perform within a specified period of time such items of maintenance that are listed in the "Maintenance Order." The owner has the right to request a hearing before an Administrative Law Judge if such request is submitted within (30) days after receiving such a written order. Extension of time to complete the requested maintenance may be granted based on circumstances over which the owner has no control.
D. Emergency Order.
1. The Department shall immediately order emergency measures necessary to protect life or property if the condition of any dam or reservoir completed or under construction is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an inspection and repair order or if passing of imminent floods threaten overtopping erosion or destruction of any dam or reservoir capable of danger to life or property. In applying emergency measures, the Department shall have the following limited powers to direct the owner to:
a. Lower the water level by releasing water from the reservoir.
b. Completely empty the reservoir.
c. Take whatever immediate measures necessary to reduce the risk of dam failure.
2. In case of an emergency where the owner finds repairs are necessary to safeguard life or property, he may start such repairs immediately but shall notify the Department at once of the proposed repair and work under way.
3. When the owner fails to comply with the emergency order or cannot be ascertained or found, the Department or its authorized agents may enter and immediately take such actions as may be necessary to provide protection to life or property including removal of the dam. The Department thereafter may recover from the owner, in the name of the State, the expenses incurred in taking such action in the same manner as debts are recoverable by law.
