[§179D-30]  Damand reservoir owners; general requirements and responsibilities.  Dam andreservoir owners subject to regulation under this chapter shall, among othergeneral requirements and responsibilities:

(1)  Maintain an operationand maintenance plan, including an owner or operator, as the case may be,inspection and monitoring program, with written, regularly scheduled reports tothe board, to maintain and keep the structure, its appurtenant works, andaccess in the state of repair and operating condition required by the exerciseof due care, with regard for the safety of persons or property, sound andaccepted engineering principles, and the rules adopted by the board;

(2)  Establish an emergencyaction plan for high and significant hazard potential dams and reservoirs andprovide this plan to the board, state and county civil defense agencies, andother necessary parties, with regard for the safety of persons or property,sound and accepted engineering principles, and the rules adopted by the board;

(3)  Cooperate with theboard's agents, engineers, and employees in carrying out this chapter;

(4)  Facilitate access byany necessary state agencies or authorized representative, to the dam,reservoir, or appurtenances.  Access by a four-wheeled-drive vehicle to the damor reservoir site, and appurtenances if required by the board, shall bemaintained at all times; provided that if vehicular access to the dam orreservoir site cannot be maintained during periods of inclement weather, thedam or reservoir owner for high and significant hazard potential dams orreservoirs shall have redundant early warning systems in place, as approved bythe board; and

(5)  Furnish upon requestthe plans, specifications, operating and maintenance data, or other informationthat is pertinent to the dam and reservoir structure and appurtenances asindicated in this chapter. [L 2007, c 262, pt of §1]