Section 13-190.1-41 - Emergency work(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 ■ 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. Haw. Code R. § 13-190.1-41
[Eff. FEB 20 2012] (Auth: HRS § 179D-6); (Imp: HRS § 1790-24; HRS § 179D-30)