2012 -- S 2615

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LC01509

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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 AND

RESERVOIRS

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 01, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     WHEREAS, There are more than 670 dams in Rhode Island, most of which are privately

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owned or have been abandoned, and many of which no longer serve their original purpose or any

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other purpose; and

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     WHEREAS, Many dams have not been properly maintained and therefore pose an

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immediate threat to public health, safety, welfare and the environment; and

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     WHEREAS, The Department of Environmental Management will have, by the end of

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2012, completed a comprehensive inspection of most high and significant hazard dams; and

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     WHEREAS, Dam owners have the responsibility to maintain their dams in a safe

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condition; and

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     WHEREAS, Since dam-related laws were adopted, the threat to public safety, real

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property and the environment has increased due to deterioration of dams and development in

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downstream areas over which dam owners do not necessarily have control; and

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     WHEREAS, The removal of dams serving no purpose would eliminate threats posed by

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those dams and would protect the environment, restore wildlife habitat, enhance fish passage, and

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eliminate regulatory requirements to register, inspect and repair useless dams;

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     SECTION 1. Section 46-19-1, 46-19-4 and 46-19-5 of the General Laws in Chapter 46-

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19 entitled "Inspection of Dams and Reservoirs" are hereby amended to read as follows:

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     46-19-1. Periodical inspection required -- Records and reports. – (a) The owner of

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any dam shall cause to be filed with the director of the department of environmental management

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(director), on or before January 1, 2015, and periodically thereafter, as required by regulation, in

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accordance with the hazard potential classification of the dam, as noted in the certificate of the

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registration, on a form or forms prescribed by the director, a dam inspection report, containing

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information relative to the present condition, safety and adequacy of the dam, options and costs to

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correct any deficiencies identified, including repair and removal, and such other information as

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the director may require by regulation, signed by a registered professional civil engineer.

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     (b) Failure to file a dam inspection form by the time prescribed, according to the

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classification of the dam, shall subject the owner to fines prescribed by regulation.

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      (c) The director of the department of environmental management shall cause to be made

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a thorough inspection of every dam and reservoir in the state as often as may be necessary to keep

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himself or herself informed of the condition thereof; and shall make and keep a record of the

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result of all dam inspections the inspection, with whatever knowledge the director shall obtain in

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reference to each dam or reservoir, and shall make an annual report of his or her doings in his or

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her office in the month of January to the governor.

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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, including additions, and repairs, or removal are necessary

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to be made to the dam or reservoir to make the dam or reservoir safe, and shall forthwith in

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writing under his or her hand notify the owner or person having control of the dam or reservoir to

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cause the additions, alterations, and repairs in or removal of the dam or reservoir to be made

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within a time to be limited in the notice; and may order the water in the reservoir to be drawn off,

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in whole or in part, as the director may determine.

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      (b) 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 original order or notice to the city or town

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

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evidence records in the city or town wherein the subject property is located. Any subsequent

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transferee of that property shall be responsible for complying with the requirements of the order

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or notice. Upon satisfactory completion of the requirements of the order or notice, the director

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shall provide written notice of the same, which notice shall be similarly eligible for recordation.

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The original written notice shall be forwarded to the city or town wherein the subject property is

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located and the notice of satisfactory completion shall be recorded in the land evidence records in

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the city or town where in the subject property is located.

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     (c) 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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     46-19-5. Judicial enforcement of order to make dam or reservoir safe. -- (a) If the

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owner or person having the control of any dam or reservoir, who shall be required to draw off the

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water, or a portion of the water, in any reservoir, or to make alterations in any reservoir, or repairs

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thereon or additions thereto, or removal thereof in the manner prescribed in section 46-19-4, shall

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not forthwith proceed to comply with the requirement, or shall not prosecute the work, when

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commenced, with reasonable expedition, the director of the department of environmental

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management shall make out a complaint in which he or she shall set forth the condition of the

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dam or reservoir, and the steps he or she has taken to cause the water to be drawn off therefrom

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and for the alteration, or repair or removal thereof, or to have additions made thereto to secure the

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safety of the dam or reservoir, and the default of the owner or person having control thereof in

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drawing off the water, repairing, removing, altering, or in making an addition to the dam or

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reservoir, and that the safety of life and property is endangered by the default, and shall subscribe

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the default, and deliver the complaint to the attorney general or to an assistant attorney general,

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who shall present the complaint to the supreme court or the superior court, with a petition in the

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nature of an information ex officio, praying that the person owning or controlling the dam or

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reservoir may be required and ordered forthwith to comply with the requirements of the director

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of the department of environmental management theretofore made in the premises, or with such

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other orders as may be made by the court, to secure all persons having reasonable cause to

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apprehend injury to life or property from the unsafe condition of the dam or reservoir.

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      (b) Upon the filing of the petition, a citation shall issue to the person controlling or

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owning the dam, commanding him or her to appear at a time and place therein named, to show

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cause, if any exists, why the relief prayed for shall not be granted; and the court shall summarily

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proceed to hear the cause, and upon hearing the parties, or by proceeding ex parte, if the

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respondent fails to appear, the court may pass such order and decree in the premises as will

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effectually secure the persons interested from danger or loss from the breaking of the dam or

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reservoir complained of; and the court may enforce the orders and decrees by injunction, process

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for contempt, by sequestration, or by such other process as may be applicable in those cases.

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     SECTION 2. This act shall take effect upon passage.

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LC01509

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS AND

RESERVOIRS

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     This act would make a number of procedural and substantive changes to the powers of

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the department of environmental management with respect to the inspection and repair of dams

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and reservoirs.

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     This act would take effect upon passage.

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LC01509

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