Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 190.1 - DAMS AND RESERVOIRS › Subchapter 5 - MAINTENANCE, OPERATION, AND EMERGENCY WORK › Section 13-190.1-41 - Emergency work

Current through June, 2024
(a) Owners and operators of dams and
				  reservoirs have the primary responsibility for determining when an emergency
				  involving a dam or reservoir exists. When the owner or operator of a dam or
				  reservoir suspects an emergency exists, the owner or operator shall immediately
				  implement the emergency action plan required by section 13-190.1-42, and take
				  additional actions necessary to safeguard life, health, and property.
(b) If, in the opinion of the department,
				  conditions of any dam or reservoir are so dangerous to the health and safety of
				  life or property as to not permit time for issuance and enforcement of an order
				  relative to construction, modification, maintenance, or repair of the dam or
				  reservoir, or the dam or reservoir is threatened by any large flood or other
				  natural disaster, the department may immediately employ remedial measures
				  necessary to protect life and property.
(c) The department shall provide coordination
				  and assistance to the proper state or county agency or agencies to maintain
				  control of any dam or reservoir that, pursuant to subsection (b), has been
				  determined to be dangerous to life or property until the dam or reservoir is
				  deemed safe, or until any emergency conditions that precipitated taking control
				  of the dam or reservoir, pursuant to subsection (b) , have been abated. The
				  department may determine the proper time at which to relinquish control of the
				  dam or reservoir. ,
(d) Any
				  necessary and reasonable costs and expenses incurred by the department in
				  fulfilling the duties mandated by subsections (b) and (c) in connection with a
				  remedial or emergency action shall be recoverable by the department from the
				  owner of any dangerous or threatened dam or reservoir.
(e) Any owner failing or refusing, after
				  written notice has been given, to pay the reasonable costs and expenses
				  incurred by the department, in accordance with subsection (d), shall be, upon
				  complaint by the department to the attorney general, subject to reasonable
				  attorney's fees incurred in the recovery of the costs and expenses.
(f) All moneys collected by the department
				  pursuant to subsection (d) shall be credited to the &#9632; dam and
				  reservoir safety special fund.
(g)
				  If a condition arises that in the opinion of the department may pose a danger
				  to the health and safety of persons or property and sufficient time permits,
				  the board may issue orders reciting the existence of the condition and require
				  any actions the board deems necessary. Any person to whom an order is directed
				  may challenge the order, but shall immediately comply with the order, pending
				  disposition of the person's challenge. The board shall give precedence to a
				  hearing on the challenge-over"all other pending matters.
(h) In the case of an emergency where the
				  board or department declares that repairs, breaching of the dam, or other
				  actions, are immediately necessary to safeguard life and property, the
				  department shall initiate remedial action at the owner's expense if the owner
				  fails to act. The department shall be notified at once of any emergency repairs
				  or other work instituted by the owner.