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



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



(2)  Establish an emergency
action plan for high and significant hazard potential dams and reservoirs and
provide this plan to the board, state and county civil defense agencies, and
other 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 the
board's agents, engineers, and employees in carrying out this chapter;



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



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