§ 46-19-4 Investigations and orders as tounsafe dams and reservoirs. – (a) The director of the department of environmental management, on applicationmade to him or her in writing by any person owning or representing propertyliable to injury or destruction by the breaking of any dam or reservoir, or onan application made by any mayor or city council of any city, or by the towncouncil of any town, on account of danger of loss of life or of injury to anyhighway or bridge therein, from the breaking of any dam or reservoir, or,without the complaint, whenever he or she shall have cause to apprehend thatany dam or reservoir is unsafe, shall forthwith view and thoroughly examine thedam or reservoir, or cause the dam or reservoir to be viewed and examined. Andif in the judgment of the director the dam or reservoir be not sufficientlystrong to resist the pressure of water upon it, or if from any other cause thedirector shall determine the dam or reservoir to be unsafe, or if in his or herjudgment there is reasonable cause to believe that danger to life or propertymay be apprehended from the unsafe dam or reservoir, the director shalldetermine whether the water in the reservoir shall be drawn off in whole or inpart, and what alterations, additions, and repairs are necessary to be made tothe dam or reservoir to make the dam or reservoir safe, and shall forthwith inwriting under his or her hand notify the owner or person having control of thedam or reservoir to cause the additions, alterations, and repairs in the dam orreservoir to be made within a time to be limited in the notice; and may orderthe water in the reservoir to be drawn off, in whole or in part, as thedirector may determine.
(b) If such order is not carried out within the timespecified, or if the owner of the dam cannot be determined, the director of thedepartment of environmental management or the director's duly authorized agentsmay carry out the actions to mitigate the unsafe condition as required by theorder, provided the director has determined that an emergency exists and thesafety of life and/or property is endangered. The director is hereby authorizedto assess the costs of such action, including the use of deed restrictions,against the person owning or having care and control of the dam.
§ 46-19-4 Investigations and orders as tounsafe dams and reservoirs. – (a) The director of the department of environmental management, on applicationmade to him or her in writing by any person owning or representing propertyliable to injury or destruction by the breaking of any dam or reservoir, or onan application made by any mayor or city council of any city, or by the towncouncil of any town, on account of danger of loss of life or of injury to anyhighway or bridge therein, from the breaking of any dam or reservoir, or,without the complaint, whenever he or she shall have cause to apprehend thatany dam or reservoir is unsafe, shall forthwith view and thoroughly examine thedam or reservoir, or cause the dam or reservoir to be viewed and examined. Andif in the judgment of the director the dam or reservoir be not sufficientlystrong to resist the pressure of water upon it, or if from any other cause thedirector shall determine the dam or reservoir to be unsafe, or if in his or herjudgment there is reasonable cause to believe that danger to life or propertymay be apprehended from the unsafe dam or reservoir, the director shalldetermine whether the water in the reservoir shall be drawn off in whole or inpart, and what alterations, additions, and repairs are necessary to be made tothe dam or reservoir to make the dam or reservoir safe, and shall forthwith inwriting under his or her hand notify the owner or person having control of thedam or reservoir to cause the additions, alterations, and repairs in the dam orreservoir to be made within a time to be limited in the notice; and may orderthe water in the reservoir to be drawn off, in whole or in part, as thedirector may determine.
(b) If such order is not carried out within the timespecified, or if the owner of the dam cannot be determined, the director of thedepartment of environmental management or the director's duly authorized agentsmay carry out the actions to mitigate the unsafe condition as required by theorder, provided the director has determined that an emergency exists and thesafety of life and/or property is endangered. The director is hereby authorizedto assess the costs of such action, including the use of deed restrictions,against the person owning or having care and control of the dam.
§ 46-19-4 Investigations and orders as tounsafe dams and reservoirs. – (a) The director of the department of environmental management, on applicationmade to him or her in writing by any person owning or representing propertyliable to injury or destruction by the breaking of any dam or reservoir, or onan application made by any mayor or city council of any city, or by the towncouncil of any town, on account of danger of loss of life or of injury to anyhighway or bridge therein, from the breaking of any dam or reservoir, or,without the complaint, whenever he or she shall have cause to apprehend thatany dam or reservoir is unsafe, shall forthwith view and thoroughly examine thedam or reservoir, or cause the dam or reservoir to be viewed and examined. Andif in the judgment of the director the dam or reservoir be not sufficientlystrong to resist the pressure of water upon it, or if from any other cause thedirector shall determine the dam or reservoir to be unsafe, or if in his or herjudgment there is reasonable cause to believe that danger to life or propertymay be apprehended from the unsafe dam or reservoir, the director shalldetermine whether the water in the reservoir shall be drawn off in whole or inpart, and what alterations, additions, and repairs are necessary to be made tothe dam or reservoir to make the dam or reservoir safe, and shall forthwith inwriting under his or her hand notify the owner or person having control of thedam or reservoir to cause the additions, alterations, and repairs in the dam orreservoir to be made within a time to be limited in the notice; and may orderthe water in the reservoir to be drawn off, in whole or in part, as thedirector may determine.
(b) If such order is not carried out within the timespecified, or if the owner of the dam cannot be determined, the director of thedepartment of environmental management or the director's duly authorized agentsmay carry out the actions to mitigate the unsafe condition as required by theorder, provided the director has determined that an emergency exists and thesafety of life and/or property is endangered. The director is hereby authorizedto assess the costs of such action, including the use of deed restrictions,against the person owning or having care and control of the dam.
