2012 -- H 7702 SUBSTITUTE A

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LC01692/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS

     Introduced By: Representative Arthur Handy

     Date Introduced: February 16, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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

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

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

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director of the department of environmental management, on application made to him or her in

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writing by any person owning or representing property liable to injury or destruction by the

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breaking of any dam or reservoir, or on an application made by any mayor or city council of any

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city, or by the town council of any town, on account of danger of loss of life or of injury to any

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highway or bridge therein, from the breaking of any dam or reservoir, or, without the complaint,

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whenever he or she shall have cause to apprehend that any dam or reservoir is unsafe, shall

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forthwith view and thoroughly examine the dam or reservoir, or cause the dam or reservoir to be

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viewed and examined. And if in the judgment of the director the dam or reservoir be not

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sufficiently strong to resist the pressure of water upon it, or if from any other cause the director

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shall determine the dam or reservoir to be unsafe, or if in his or her judgment there is reasonable

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cause to believe that danger to life or property may be apprehended from the unsafe dam or

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reservoir, the director shall determine whether the water in the reservoir shall be drawn off in

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whole or in part, and what alterations, additions, and repairs are necessary to be made to the dam

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or reservoir to make the dam or reservoir safe, and shall forthwith in writing under his or her hand

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notify the owner or person having control of the dam or reservoir to cause the additions,

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alterations, and repairs in the dam or reservoir to be made within a time to be limited in the

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notice; and may order the water in the reservoir to be drawn off, in whole or in part, as the

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director may determine.

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      (b) If such order is not carried out within the time specified, or if the owner of the dam

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cannot be determined, the director of the department of environmental management or the

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director's duly authorized agents may carry out the actions to mitigate the unsafe condition as

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required by the order, provided the director has determined that an emergency exists and the

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safety of life and/or property is endangered. The director is hereby authorized to assess the costs

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of such action, including the use of deed restrictions, against the person owning or having care

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and control of the dam.

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

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

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

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

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

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

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

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

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wherein the subject property is located.

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     SECTION 2. This act shall take effect upon passage.

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LC01692/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS

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     This act would expand the ability of the director of the department of environmental

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management to regulate water dam safety by allowing the filing of certain orders.

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     This act would take effect upon passage.

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LC01692/SUB A

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