§ 46-19-4. Investigations and orders as to unsafe dams and reservoirs.
(a) The director of the department of environmental management, on application made to
him or her in writing by any person owning or representing property liable to injury
or destruction by the breaking of any dam or reservoir, or on an application made
by any mayor or city council of any city, or by the town council of any town, on account
of danger of loss of life or of injury to any highway or bridge therein, from the
breaking of any dam or reservoir, or, without the complaint, whenever he or she shall
have cause to apprehend that any dam or reservoir is unsafe, shall f
Free access — add to your briefcase to read the full text and ask questions with AI
§ 46-19-4. Investigations and orders as to unsafe dams and reservoirs.
(a) The director of the department of environmental management, on application made to
him or her in writing by any person owning or representing property liable to injury
or destruction by the breaking of any dam or reservoir, or on an application made
by any mayor or city council of any city, or by the town council of any town, on account
of danger of loss of life or of injury to any highway or bridge therein, from the
breaking of any dam or reservoir, or, without the complaint, whenever he or she shall
have cause to apprehend that any dam or reservoir is unsafe, shall forthwith view
and thoroughly examine the dam or reservoir, or cause the dam or reservoir to be viewed
and examined. And if in the judgment of the director the dam or reservoir be not sufficiently
strong to resist the pressure of water upon it, or if from any other cause the director
shall determine the dam or reservoir to be unsafe, or if in his or her judgment there
is reasonable cause to believe that danger to life or property may be apprehended
from the unsafe dam or reservoir, the director shall determine whether the water in
the reservoir shall be drawn off in whole or in part, and what alterations, additions,
and repairs are necessary to be made to the dam or reservoir to make the dam or reservoir
safe, and shall forthwith in writing under his or her hand notify the owner or person
having control of the dam or reservoir to cause the additions, alterations, and repairs
in the dam or reservoir to be made within a time to be limited in the notice; and
may order the water in the reservoir to be drawn off, in whole or in part, as the
director may determine.
(b) If such order is not carried out within the time specified, or if the owner of the
dam cannot be determined, the director of the department of environmental management
or the director's duly authorized agents may carry out the actions to mitigate the
unsafe condition as required by the order, provided the director has determined that
an emergency exists and the safety of life and/or property is endangered. The director
is hereby authorized to assess the costs of such action, including the use of deed
restrictions, against the person owning or having care and control of the dam.
(c) Any order or notice issued by the director shall be eligible for recordation under
chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein the subject
property is located and the order or notice shall be recorded in the land evidence
records in the city or town wherein the subject property is located. Upon satisfactory
completion of the requirements of the order or notice, the director shall provide
written notice of the same, which notice shall be similarly eligible for recordation.
The written notice of satisfactory completion shall be forwarded to the city or town
wherein the subject property is located and the notice of satisfactory completion
shall be recorded in the land evidence records in the city or town wherein the subject
property is located.
G.L. 1896, ch. 124, § 5; G.L. 1909, ch. 150, § 5; G.L. 1923, ch. 180, § 5; G.L. 1938, ch. 638, § 5; G.L. 1956, § 46-19-4; P.L. 2006, ch. 58, § 1; P.L. 2006, ch. 62, § 1; P.L. 2012, ch. 126, § 1; P.L. 2012, ch. 175, § 1.