§ 15-0507 — Structures impounding waters; structures in waters; responsibility of owner; inspection

§ 15-0507. Structures impounding waters; structures in waters;\n responsibility of owner; inspection.\n 1. Any owner of a dam or other structure which impounds waters shall\nat all times operate and maintain said structure and all appurtenant\nstructures in a safe condition. As used in this section and section\n71-1109 of this chapter, "owner" means any person or local public\ncorporation who owns, erects, reconstructs, repairs, maintains or uses a\ndam or other structure which impounds waters. The commissioner may\npromulgate regulations requiring any owner to prepare and implement a\nsafety program for such dam or structure as necessary to safeguard life,\nproperty or natural resources. Regulations governing the safety program\nmay include requirements for inspections, monitoring, maintenance and\noperation, emergency action planning, response and prevention of\nterrorism and cyber terrorism, financial security, recordkeeping and\nreporting or any other requirement the commissioner deems necessary to\nsafeguard life, property or natural resources. Such requirement shall\nonly apply to those dams or other structures that impound waters which\npose, in the event of failure, a threat of personal injury, substantial\nproperty damage or substantial natural resource damage.\n 2. Whenever in the judgment of the department public safety requires,\nthe department shall investigate dams and other structures impounding\nwaters in the state, and docks, piers and wharves extending into such\nwaters.\n 3. In addition to any other power set forth in this chapter, including\nthe power to issue an order pursuant to section 71-0301 of this chapter,\nthe department shall have the power, whenever in the judgment of the\ndepartment it may be necessary to safeguard life or property or to\nprotect the natural resources of the state, after hearing on due notice,\nto issue an order, setting forth the findings of fact and conclusions\ntherefrom, directing any owner:\n a. to conduct studies, investigations and analyses necessary to\nevaluate the safety of the structure, including but not limited to\nvisual inspections, measurements, foundation exploration and testing,\nmaterials testing, hydraulic and hydrologic analyses, structural\nstability analyses and seepage investigations; and\n b. to either remove the said structure or to erect, reconstruct or\nrepair the same within such reasonable time and in such manner as shall\nbe specified in said order.\n It shall be the duty of every such owner to obey, observe and comply\nwith such order and with the conditions therein prescribed. The\nprovisions of title 9 of this article with respect to administrative\nprocedures shall be applicable to hearings under this section.\n 4. It shall be unlawful for any owner to fail, omit or neglect to\ncomply with such order within a reasonable time as designated by the\ndepartment.\n 5. Upon the violation of any such order, the department shall have\npower to enter upon the lands and waters where such structures are\nlocated for the purpose of removing, repairing or reconstructing the\nsame and to take such other and further precautions which it may deem\nnecessary to safeguard life or property or protect the natural resources\nof the state against danger occasioned by the presence of such\nstructures. In removing, repairing and reconstructing such structures or\nother properties so affected the department shall not deviate from the\nmethod, manner and specifications contained in the original order.\n 6. The department shall certify the amount of the costs and expenses\nincurred by the department and any state departments for the removal,\nrepair or reconstruction aforesaid in any wise connected therewith to\nthe county legislative body of the county or counties in which the said\nlands and waters are located, whereupon it shall be the duty of such\ncounty legislative body of each county to add the amount so certified to\nthe assessment rolls of such locality or localities as a charge against\nthe real property upon which the dam, dock or other structure is\nlocated, designated or described by the department as chargeable\ntherewith, and to issue its warrant or warrants for the collection\nthereof. Thereupon it shall become the duty of such locality or\nlocalities through their proper officers to collect the amount so\ncertified in the same manner as other taxes are collected in such\nlocality or localities and when collected to pay the same to the\ndepartment, who shall thereupon, pay the same into the State Treasury.\nAny amount so levied shall thereupon become and be a lien upon the real\nproperty affected thereby to the same extent as any tax levy becomes and\nis a lien thereon. The department may also assert other rights of\nrecovery as may exist by law for such costs and expenses incurred.\n