[§179D-24]  Emergency actions.  (a)  If,
in the opinion of the department, conditions of any dam or reservoir are so dangerous
to the health and safety of life or property as to not permit time for issuance
and enforcement of an order relative to construction, modification,
maintenance, or repair of the dam or reservoir, or the dam or reservoir is
threatened by any large flood or other natural disaster, the department may
immediately employ remedial measures necessary to protect life and property.



(b)  The department shall provide coordination
and assistance to the proper state or county agency or agencies to maintain
control of any dam or reservoir that, pursuant to subsection (a), has been
determined to be dangerous to life or property until the dam or reservoir is
deemed safe, or until any emergency conditions that precipitated taking control
of the dam or reservoir, pursuant to subsection (a), have been abated.  The
department may determine the proper time at which to relinquish control of the
dam or reservoir.



(c)  Any necessary and reasonable costs and
expenses incurred by the department in fulfilling the duties mandated by
subsections (a) and (b) in connection with a remedial or emergency action shall
be recoverable by the department from the owner of any dangerous or threatened
dam or reservoir.



(d)  Any owner failing or refusing, after
written notice has been given, to pay the reasonable costs and expenses
incurred by the department pursuant to subsection (c) shall be, upon complaint
by the department to the attorney general, subject to reasonable attorney fees
incurred in the recovery of the costs and expenses.



(e)  All moneys collected by the department
pursuant to subsection (c) shall be credited to the dam and reservoir safety
special fund created in section 179D-25.



(f)  If a condition arises that in the opinion
of the department may pose a danger to the health and safety of persons or
property and sufficient time permits, the board may issue orders reciting the
existence of the condition and require any actions the board deems necessary. 
Any person to whom an order is directed, may challenge the order, but shall
immediately comply with the order, pending disposition of the person's
challenge.  The board shall give precedence to a hearing on the challenge over
all other pending matters.



(g)  The legislature finds and declares that
emergency actions under this section are in the public interest and for the
public health, safety, and general welfare of the State, and authorizes the
board to take any necessary actions. [L 2007, c 262, pt of §1]