(a) The Department may at any time inspect any dam, including adam that is otherwise exempt from this Part, upon receipt of a written requestof any affected person or agency, or upon a motion of the Environmental ManagementCommission. Within the limits of available funds the Department shall endeavorto provide for inspection of all dams at intervals of approximately five years.
(b) If the Department upon inspection finds that any dam is notsufficiently strong, is not maintained in good repair or operating condition,is dangerous to life or property, or does not satisfy minimum streamflowrequirements, the Department shall present its findings to the Commission andthe Commission may issue an order directing the owner or owners of the dam tomake at his or her expense maintenance, alterations, repairs, reconstruction,change in construction or location, or removal as may be deemed necessary bythe Commission within a time limited by the order, not less than 90 days fromthe date of issuance of each order, except in the case of extreme danger to thesafety of life or property, as provided by subsection (c) of this section.
(c) If at any time the condition of any dam becomes so dangerousto the safety of life or property, in the opinion of the EnvironmentalManagement Commission, as not to permit sufficient time for issuance of anorder in the manner provided by subsection (b) of this section, theEnvironmental Management Commission may immediately take such measures as maybe essential to provide emergency protection to life and property, includingthe lowering of the level of a reservoir by releasing water impounded or thedestruction in whole or in part of the dam or reservoir. The EnvironmentalManagement Commission may recover the costs of such measures from the owner orowners by appropriate legal action.
(d) An order issued under this Part shall be served on the ownerof the dam as provided in G.S. 1A‑1, Rule 4. (1967, c. 1068, s. 10; 1973, c. 1262, s. 23; 1977, c.878, s. 3; 1987, c. 827, s. 154; 1993, c. 394, s. 7.)
(a) The Department may at any time inspect any dam, including adam that is otherwise exempt from this Part, upon receipt of a written requestof any affected person or agency, or upon a motion of the Environmental ManagementCommission. Within the limits of available funds the Department shall endeavorto provide for inspection of all dams at intervals of approximately five years.
(b) If the Department upon inspection finds that any dam is notsufficiently strong, is not maintained in good repair or operating condition,is dangerous to life or property, or does not satisfy minimum streamflowrequirements, the Department shall present its findings to the Commission andthe Commission may issue an order directing the owner or owners of the dam tomake at his or her expense maintenance, alterations, repairs, reconstruction,change in construction or location, or removal as may be deemed necessary bythe Commission within a time limited by the order, not less than 90 days fromthe date of issuance of each order, except in the case of extreme danger to thesafety of life or property, as provided by subsection (c) of this section.
(c) If at any time the condition of any dam becomes so dangerousto the safety of life or property, in the opinion of the EnvironmentalManagement Commission, as not to permit sufficient time for issuance of anorder in the manner provided by subsection (b) of this section, theEnvironmental Management Commission may immediately take such measures as maybe essential to provide emergency protection to life and property, includingthe lowering of the level of a reservoir by releasing water impounded or thedestruction in whole or in part of the dam or reservoir. The EnvironmentalManagement Commission may recover the costs of such measures from the owner orowners by appropriate legal action.
(d) An order issued under this Part shall be served on the ownerof the dam as provided in G.S. 1A‑1, Rule 4. (1967, c. 1068, s. 10; 1973, c. 1262, s. 23; 1977, c.878, s. 3; 1987, c. 827, s. 154; 1993, c. 394, s. 7.)
(a) The Department may at any time inspect any dam, including adam that is otherwise exempt from this Part, upon receipt of a written requestof any affected person or agency, or upon a motion of the Environmental ManagementCommission. Within the limits of available funds the Department shall endeavorto provide for inspection of all dams at intervals of approximately five years.
(b) If the Department upon inspection finds that any dam is notsufficiently strong, is not maintained in good repair or operating condition,is dangerous to life or property, or does not satisfy minimum streamflowrequirements, the Department shall present its findings to the Commission andthe Commission may issue an order directing the owner or owners of the dam tomake at his or her expense maintenance, alterations, repairs, reconstruction,change in construction or location, or removal as may be deemed necessary bythe Commission within a time limited by the order, not less than 90 days fromthe date of issuance of each order, except in the case of extreme danger to thesafety of life or property, as provided by subsection (c) of this section.
(c) If at any time the condition of any dam becomes so dangerousto the safety of life or property, in the opinion of the EnvironmentalManagement Commission, as not to permit sufficient time for issuance of anorder in the manner provided by subsection (b) of this section, theEnvironmental Management Commission may immediately take such measures as maybe essential to provide emergency protection to life and property, includingthe lowering of the level of a reservoir by releasing water impounded or thedestruction in whole or in part of the dam or reservoir. The EnvironmentalManagement Commission may recover the costs of such measures from the owner orowners by appropriate legal action.
(d) An order issued under this Part shall be served on the ownerof the dam as provided in G.S. 1A‑1, Rule 4. (1967, c. 1068, s. 10; 1973, c. 1262, s. 23; 1977, c.878, s. 3; 1987, c. 827, s. 154; 1993, c. 394, s. 7.)
