§ 46-19-5. Judicial enforcement of order to make dam or reservoir safe.
(a) If the owner or person having the control of any dam or reservoir, who shall be required
to draw off the water, or a portion of the water, in any reservoir, or to make alterations
in any reservoir, or repairs thereon or additions thereto, in the manner prescribed
in § 46-19-4, shall not forthwith proceed to comply with the requirement, or shall not prosecute
the work, when commenced, with reasonable expedition, the director of the department
of environmental management shall make out a complaint in which he or she shall set
forth the condition of the dam or reservoir,
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§ 46-19-5. Judicial enforcement of order to make dam or reservoir safe.
(a) If the owner or person having the control of any dam or reservoir, who shall be required
to draw off the water, or a portion of the water, in any reservoir, or to make alterations
in any reservoir, or repairs thereon or additions thereto, in the manner prescribed
in § 46-19-4, shall not forthwith proceed to comply with the requirement, or shall not prosecute
the work, when commenced, with reasonable expedition, the director of the department
of environmental management shall make out a complaint in which he or she shall set
forth the condition of the dam or reservoir, and the steps he or she has taken to
cause the water to be drawn off therefrom and for the alteration or repair thereof,
or to have additions made thereto to secure the safety of the dam or reservoir, and
the default of the owner or person having control thereof in drawing off the water,
repairing, altering, or in making an addition to the dam or reservoir, and that the
safety of life and property is endangered by the default, and shall subscribe the
default, and deliver the complaint to the attorney general or to an assistant attorney
general, who shall present the complaint to the supreme court or the superior court,
with a petition in the nature of an information ex officio, praying that the person
owning or controlling the dam or reservoir may be required and ordered forthwith to
comply with the requirements of the director of the department of environmental management
theretofore made in the premises, or with such other orders as may be made by the
court, to secure all persons having reasonable cause to apprehend injury to life or
property from the unsafe condition of the dam or reservoir.
(b) Upon the filing of the petition, a citation shall issue to the person controlling
or owning the dam, commanding him or her to appear at a time and place therein named,
to show cause, if any exists, why the relief prayed for shall not be granted; and
the court shall summarily proceed to hear the cause, and upon hearing the parties,
or by proceeding ex parte, if the respondent fails to appear, the court may pass such
order and decree in the premises as will effectually secure the persons interested
from danger or loss from the breaking of the dam or reservoir complained of; and the
court may enforce the orders and decrees by injunction, process for contempt, by sequestration,
or by such other process as may be applicable in those cases.