§ 15-0507. Structures impounding waters; structures in waters;

responsibility of owner; inspection.

1. Any owner of a dam or other structure which impounds waters shall
at all times operate and maintain said structure and all appurtenant
structures in a safe condition. As used in this section and section
71-1109 of this chapter, "owner" means any person or local public
corporation who owns, erects, reconstructs, repairs, maintains or uses a
dam or other structure which impounds waters. The commissioner may
promulgate regulations requiring any owner to prepare and implement a
safety program for such dam or structure as necessary to safeguard life,
property or natural resources. Regulations governing the safety program
may include requirements for inspections, monitoring, maintenance and
operation, emergency action planning, response and prevention of
terrorism and cyber terrorism, financial security, recordkeeping and
reporting or any other requirement the commissioner deems necessary to
safeguard life, property or natural resources. Such requirement shall
only apply to those dams or other structures that impound waters which
pose, in the event of failure, a threat of personal injury, substantial
property damage or substantial natural resource damage.

2. Whenever in the judgment of the department public safety requires,
the department shall investigate dams and other structures impounding
waters in the state, and docks, piers and wharves extending into such
waters.

3. In addition to any other power set forth in this chapter, including
the power to issue an order pursuant to section 71-0301 of this chapter,
the department shall have the power, whenever in the judgment of the
department it may be necessary to safeguard life or property or to
protect the natural resources of the state, after hearing on due notice,
to issue an order, setting forth the findings of fact and conclusions
therefrom, directing any owner:

a. to conduct studies, investigations and analyses necessary to
evaluate the safety of the structure, including but not limited to
visual inspections, measurements, foundation exploration and testing,
materials testing, hydraulic and hydrologic analyses, structural
stability analyses and seepage investigations; and

b. to either remove the said structure or to erect, reconstruct or
repair the same within such reasonable time and in such manner as shall
be specified in said order.

It shall be the duty of every such owner to obey, observe and comply
with such order and with the conditions therein prescribed. The
provisions of title 9 of this article with respect to administrative
procedures shall be applicable to hearings under this section.

4. It shall be unlawful for any owner to fail, omit or neglect to
comply with such order within a reasonable time as designated by the
department.

5. Upon the violation of any such order, the department shall have
power to enter upon the lands and waters where such structures are
located for the purpose of removing, repairing or reconstructing the
same and to take such other and further precautions which it may deem
necessary to safeguard life or property or protect the natural resources
of the state against danger occasioned by the presence of such
structures. In removing, repairing and reconstructing such structures or
other properties so affected the department shall not deviate from the
method, manner and specifications contained in the original order.

6. The department shall certify the amount of the costs and expenses
incurred by the department and any state departments for the removal,
repair or reconstruction aforesaid in any wise connected therewith to
the county legislative body of the county or counties in which the said
lands and waters are located, whereupon it shall be the duty of such
county legislative body of each county to add the amount so certified to
the assessment rolls of such locality or localities as a charge against
the real property upon which the dam, dock or other structure is
located, designated or described by the department as chargeable
therewith, and to issue its warrant or warrants for the collection
thereof. Thereupon it shall become the duty of such locality or
localities through their proper officers to collect the amount so
certified in the same manner as other taxes are collected in such
locality or localities and when collected to pay the same to the
department, who shall thereupon, pay the same into the State Treasury.
Any amount so levied shall thereupon become and be a lien upon the real
property affected thereby to the same extent as any tax levy becomes and
is a lien thereon. The department may also assert other rights of
recovery as may exist by law for such costs and expenses incurred.