Chapter 126

2012 -- S 2617 SUBSTITUTE A

Enacted 05/30/12

A N A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS

Introduced By: Senators P Fogarty, Sosnowski, Tassoni, Algiere, and Maher

Date Introduced: March 01, 2012

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 the department 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.

(c) Any order or notice issued by the director shall be eligible for recordation under

chapter 13 of title 34. The director shall forward the order or notice to the city or town wherein

the subject property is located and the order or notice shall be recorded in the land evidence

records in the city or town wherein the subject property is located. Upon satisfactory completion

of the requirements of the order or notice, the director shall provide written notice of the same,

which notice shall be similarly eligible for recordation. The written notice of satisfactory

completion shall be forwarded to the city or town wherein the subject property is located and the

notice of satisfactory completion shall be recorded in the land evidence records in the city or town

wherein the subject property is located.

SECTION 2. This act shall take effect upon passage.

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LC01923/SUB A

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