§ 46-19-4 — § 46-19-4. Investigations and orders as to unsafe dams and reservoirs.

§ 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.

Legislative History

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.