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

(b)  The department shall provide coordinationand assistance to the proper state or county agency or agencies to maintaincontrol of any dam or reservoir that, pursuant to subsection (a), has beendetermined to be dangerous to life or property until the dam or reservoir isdeemed safe, or until any emergency conditions that precipitated taking controlof the dam or reservoir, pursuant to subsection (a), have been abated.  Thedepartment may determine the proper time at which to relinquish control of thedam or reservoir.

(c)  Any necessary and reasonable costs andexpenses incurred by the department in fulfilling the duties mandated bysubsections (a) and (b) in connection with a remedial or emergency action shallbe recoverable by the department from the owner of any dangerous or threateneddam or reservoir.

(d)  Any owner failing or refusing, afterwritten notice has been given, to pay the reasonable costs and expensesincurred by the department pursuant to subsection (c) shall be, upon complaintby the department to the attorney general, subject to reasonable attorney feesincurred in the recovery of the costs and expenses.

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

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

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