§ 49-11-190 — Emergency orders; owner to notify department of emergency; action when owner is unknown or fails to comply with order.

(A) The department immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property. (B) In applying emergency measures the department has the following limited powers to order the owner to: (1) lower the water level by releasing water from the reservoir; (2) empty the reservoir completely; (3) take other steps essential to safeguard life and property. (C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department at once of the proposed repair and work underway. (D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.

Legislative History

HISTORY: 1980 Act No. 447, SECTION 1; 1992 Act No. 406, SECTION 1; 1993 Act No. 181, SECTION 1248.