151.125 Authority and powers of secretary. The secretary shall exercise the following authority and powers: <br>(1) To administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated thereunder; (2) To conduct or obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to the safe <br>construction, operation, or maintenance of dams and reservoirs; (3) To adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, <br>general rules and regulations for flood control and water resources which he deems <br>necessary to accomplish the purposes of this chapter. Such rules and regulations, <br>which shall have the force and effect of law, shall be of uniform application as far <br>as practicable, but they may take proper account of differences in topography, <br>geology, soil conditions, climate, hydrology, and use of the reservoir and the lands <br>lying in the floodplain downstream from the dam; (4) To adopt, without notice or hearing, rules and regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of certificates of <br>inspection, construction permits, water withdrawal permits, and other procedural <br>matters; (5) To issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life, or public or private property, or for carrying out the provisions <br>of this chapter, or rules and regulations issued thereunder; (6) To examine and approve or disapprove applications for construction permits for the construction, enlargement, repair, or alteration of a dam; (7) To establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in <br>the form of regulations as described in subsection (3) of this section; (8) To make such investigations or inspections as necessary to determine the condition of a dam to insure compliance with any provisions of this chapter, including the <br>right to enter at any time upon an area affected for such purposes and the right of <br>ingress and egress across intervening properties; (9) To order the suspension or revocation, after warning, of any certificate of inspection, construction permit, or water withdrawal permit for failure to comply <br>with any of the provisions of this chapter or with any rules, regulations or orders <br>adopted pursuant thereto, or with any of the conditions contained in or attached to <br>the certificate of inspection, construction permits, or water withdrawal permits; (10) To order the immediate cessation of any act that is started or continued without a construction permit or water withdrawal permit as required by the provisions of this <br>chapter; (11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the cabinet in carrying out the provisions of this <br>chapter. History: Created 1974 Ky. Acts ch. 285, sec. 2; and amended ch. 74, Art. III, sec. 13(9). Legislative Research Commission Note (10/29/96). Pursuant to KRS 7.136(2), the original reference to "department" in subsection (11) of this statute has been changed <br>to "cabinet" to reflect reorganizations relating to the former Department for Natural <br>Resources and Environmental Protection. See 1974 Ky. Acts ch. 74, Art. III, sec. 13; <br>1982 Ky. Acts ch. 393, sec. 50(3).
151.125 Authority and powers of secretary. The secretary shall exercise the following authority and powers: <br>(1) To administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated thereunder; (2) To conduct or obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to the safe <br>construction, operation, or maintenance of dams and reservoirs; (3) To adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, <br>general rules and regulations for flood control and water resources which he deems <br>necessary to accomplish the purposes of this chapter. Such rules and regulations, <br>which shall have the force and effect of law, shall be of uniform application as far <br>as practicable, but they may take proper account of differences in topography, <br>geology, soil conditions, climate, hydrology, and use of the reservoir and the lands <br>lying in the floodplain downstream from the dam; (4) To adopt, without notice or hearing, rules and regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of certificates of <br>inspection, construction permits, water withdrawal permits, and other procedural <br>matters; (5) To issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life, or public or private property, or for carrying out the provisions <br>of this chapter, or rules and regulations issued thereunder; (6) To examine and approve or disapprove applications for construction permits for the construction, enlargement, repair, or alteration of a dam; (7) To establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in <br>the form of regulations as described in subsection (3) of this section; (8) To make such investigations or inspections as necessary to determine the condition of a dam to insure compliance with any provisions of this chapter, including the <br>right to enter at any time upon an area affected for such purposes and the right of <br>ingress and egress across intervening properties; (9) To order the suspension or revocation, after warning, of any certificate of inspection, construction permit, or water withdrawal permit for failure to comply <br>with any of the provisions of this chapter or with any rules, regulations or orders <br>adopted pursuant thereto, or with any of the conditions contained in or attached to <br>the certificate of inspection, construction permits, or water withdrawal permits; (10) To order the immediate cessation of any act that is started or continued without a construction permit or water withdrawal permit as required by the provisions of this <br>chapter; (11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the cabinet in carrying out the provisions of this <br>chapter. History: Created 1974 Ky. Acts ch. 285, sec. 2; and amended ch. 74, Art. III, sec. 13(9). Legislative Research Commission Note (10/29/96). Pursuant to KRS 7.136(2), the original reference to "department" in subsection (11) of this statute has been changed <br>to "cabinet" to reflect reorganizations relating to the former Department for Natural <br>Resources and Environmental Protection. See 1974 Ky. Acts ch. 74, Art. III, sec. 13; <br>1982 Ky. Acts ch. 393, sec. 50(3).
151.125 Authority and powers of secretary. The secretary shall exercise the following authority and powers: <br>(1) To administer and enforce the provisions of this chapter and all rules and regulations and orders promulgated thereunder; (2) To conduct or obtain investigations, research, experiments, training programs and demonstrations, and to collect and disseminate information relating to the safe <br>construction, operation, or maintenance of dams and reservoirs; (3) To adopt, after giving public notice and affording an opportunity to all interested persons to appear and offer evidence at a public hearing in connection therewith, <br>general rules and regulations for flood control and water resources which he deems <br>necessary to accomplish the purposes of this chapter. Such rules and regulations, <br>which shall have the force and effect of law, shall be of uniform application as far <br>as practicable, but they may take proper account of differences in topography, <br>geology, soil conditions, climate, hydrology, and use of the reservoir and the lands <br>lying in the floodplain downstream from the dam; (4) To adopt, without notice or hearing, rules and regulations with respect to procedural aspects of hearings, the filing of reports and orders, the issuance of certificates of <br>inspection, construction permits, water withdrawal permits, and other procedural <br>matters; (5) To issue orders requiring the adoption by an owner of remedial measures necessary for the safety of life, or public or private property, or for carrying out the provisions <br>of this chapter, or rules and regulations issued thereunder; (6) To examine and approve or disapprove applications for construction permits for the construction, enlargement, repair, or alteration of a dam; (7) To establish standards for the safe construction, enlargement, repair, alteration, maintenance, or operation of a dam or reservoir. Such standards shall be issued in <br>the form of regulations as described in subsection (3) of this section; (8) To make such investigations or inspections as necessary to determine the condition of a dam to insure compliance with any provisions of this chapter, including the <br>right to enter at any time upon an area affected for such purposes and the right of <br>ingress and egress across intervening properties; (9) To order the suspension or revocation, after warning, of any certificate of inspection, construction permit, or water withdrawal permit for failure to comply <br>with any of the provisions of this chapter or with any rules, regulations or orders <br>adopted pursuant thereto, or with any of the conditions contained in or attached to <br>the certificate of inspection, construction permits, or water withdrawal permits; (10) To order the immediate cessation of any act that is started or continued without a construction permit or water withdrawal permit as required by the provisions of this <br>chapter; (11) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the cabinet in carrying out the provisions of this <br>chapter. History: Created 1974 Ky. Acts ch. 285, sec. 2; and amended ch. 74, Art. III, sec. 13(9). Legislative Research Commission Note (10/29/96). Pursuant to KRS 7.136(2), the original reference to "department" in subsection (11) of this statute has been changed <br>to "cabinet" to reflect reorganizations relating to the former Department for Natural <br>Resources and Environmental Protection. See 1974 Ky. Acts ch. 74, Art. III, sec. 13; <br>1982 Ky. Acts ch. 393, sec. 50(3).
