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2012 -- S 2617 SUBSTITUTE A | |
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LC01923/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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A N A C T | |
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RELATING TO WATERS AND NAVIGATION -- INSPECTION OF DAMS | |
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Introduced By: Senators P Fogarty, Sosnowski, Tassoni, Algiere, and Maher | |
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Date Introduced: March 01, 2012 | |
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Referred To: Senate Environment & Agriculture | |
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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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LC01923/SUB A | |
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EXPLANATION | |
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BY THE LEGISLATIVE COUNCIL | |
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OF | |
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A N A C T | |
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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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LC01923/SUB A | |
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