Chapter 062

2006 -- H 7609 SUBSTITUTE A

Enacted 06/09/06

A N A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTIONS OF DAMS AND

RESERVOIRS

Introduced By: Representatives Long, Ehrhardt, Ginaitt, Petrarca, and Moffitt

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 46-19-4 of the General Laws in Chapter 46-19 entitled "Inspection

of Dams and Reservoirs" is hereby amended to read as follows:

46-19-4. Investigations and orders as to unsafe dams and reservoirs. – (a) The

director 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.

     SECTION 2. Chapter 46-19 of the General Laws entitled "Inspection of Dams and

Reservoirs" is hereby amended by adding thereto the following section:

46-19-9. Emergency action plans. – (a) By July 1, 2008, an emergency action plan shall

be prepared for each significant or high hazard dam by the city or town wherein the dam lies. The

Rhode Island Emergency Management Agency, as established in chapter 15 of title 30 shall

develop guidelines for the preparation of emergency action plans. The department of

environmental management and the Rhode Island League of Cities and Towns shall cooperate with

the Rhode Island Emergency Management Agency in developing the guidelines. All emergency

action plans prepared pursuant to this section shall not be considered final or complete until

approved by the Emergency Management Agency, with the cooperation of the department of

environmental management.

(b) The owner of any other dam, regardless of the assigned hazard classification, may

also be required to prepare an emergency action plan if deemed necessary by the department of

environmental management.

(c) Emergency action plans shall be updated on an annual basis and shall be filed with the

Rhode Island Emergency Management Agency, the department of environmental management,

the chief of the local police department and the local city or town emergency management

official.

(d) Once an emergency action plan is complete, the city or town wherein the dam lies

shall provide written notice to the dam owner of the costs for actions taken by the city or town in

the development of the emergency action plan. Said costs of developing the emergency action

plan shall be remitted to the city or town within ninety (90) days of the receipt of such notice. In

the event that the costs are not remitted within the ninety (90) day period, the municipality shall

have a valid legal claim against the dam owner, in the amount of such costs, plus any costs

associated with the pursuit of the claim.

(e) Each state agency shall, in cooperation with the municipality in which the dam lies, be

responsible for the preparation of an emergency action plan for each high and significant hazard

dam owned by said agency by the deadline specified in subsection 46-19-9(a).

     SECTION 3. This act shall take effect upon passage.

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LC01577/SUB A

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