250 R.I. Code R. 250-RICR-130-05-1.12 - Unsafe Dams

A. Whenever the Director determines that a dam is unsafe the Director shall determine whether the water in the reservoir shall be drawn off in whole or in part, and the actions necessary to make the dam safe.

B. The Director shall notify the owner or person maintaining or having control of the dam, by certified mail, that the dam is unsafe, the actions necessary to make the dam safe and a schedule to complete the actions.

C. The Director may notify the owner or person maintaining or having control of the dam, by certified mail that the dam is unsafe after completing his/her own inspection or after receiving an inspection report completed by a qualified engineer.

D. The Director may, pursuant to R.I. Gen. Laws § 42-17.1-2(ii)(A), issue an immediate compliance order stating the existence of the unsafe condition and the action deemed necessary to correct the unsafe condition. The Director may order the water in the reservoir to be drawn off, in whole or in part. The immediate compliance order shall become effective immediately upon service or within such time as is specified by the Director in such order.

E. Any emergency action taken by the owner or person maintaining or having control of a dam shall immediately be reported by the dam owner to the Director and the municipality(s) in which the dam and reservoir lies. The owner or person maintaining or having control of a dam shall also report, by telephone within twenty-four (24) hours and in writing within three (3) days, the emergency action taken.

F. If water has been drawn off or the dam has been altered pursuant to an order by the Director, the reservoir shall not be refilled without approval of the Director.

G. If the owner or person maintaining or having control of a dam fails to comply with an order of the Director, the Director may also, by summons and complaint, seek to enforce the order in a court of competent jurisdiction.

Notes

250 R.I. Code R. 250-RICR-130-05-1.12