Title 12, Conservation And Resources

[§179D-23] Injunctive relief. Whenever in the judgment of the department any person has engaged in or is about to engage in any act or practice that constitutes or will constitute an unlawful action under this chapter, the department may apply to the circuit environmental court o…

[§179D-24] Emergency actions. (a) 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, maintena…

[§179D-25] Establishment of dam and reservoir safety special fund. (a) There is established in the department a special fund, to be designated the dam and reservoir safety special fund. The fund shall be administered by the board. The following shall be deposited into the dam and…

[§179D-26] Liens. (a) Costs of construction, enlargement, repair, alteration, or removal work done to render a dam, reservoir, or appurtenances safe shall constitute a statutory lien against all property of the owner. Notwithstanding any other law to the contrary, the lien shall …

[§179D-27] Dams and reservoirs completed prior to July 6, 2007. (a) Every owner of a dam or reservoir that falls within the definition of a dam or reservoir in this chapter and was completed prior to July 6, 2007 shall file with the board a separate application for a certificate …

[§179D-28] Dams and reservoirs under construction, enlargement, repair, alteration, or removal before July 6, 2007. (a) Any dam or reservoir that falls within the definitions of a dam or reservoir in this chapter and which the board finds was under construction, enlargement, repa…

[§179D-29] Annual report. The department shall submit an annual report to the governor and the legislature by January 5 of each year concerning the activities of the department relating to this chapter for the preceding fiscal year. The report shall include but not be limited to …

§179D-3 Definitions. The following terms, whenever used and referred to in this chapter, shall have the following meanings, unless a different meaning clearly appears in the context: "Application approval" means authorization in writing issued by the board to an owner who has app…

§179D-30 Dam and reservoir owners; general requirements and responsibilities. Dam and reservoir owners subject to regulation under this chapter shall, among other general requirements and responsibilities:

§179D-31 Dam and appurtenance improvement or removal grant program; special fund; established. (a) There is established a dam and appurtenance improvement or removal grant program, to be developed and administered by the department for the improvement or removal of deficient dams…

§179D-4 Liability for damages. (a) Nothing contained in this chapter shall be construed to constitute a waiver of any immunity of the State and no action or failure to act under this chapter shall be construed to create any liability in the State, board, department, or its office…

§179D-6 General powers and duties of the board of land and natural resources. (a) All dams or reservoirs in the State shall be under the jurisdiction of the board until the board declares which dams or reservoirs are to be removed from its jurisdiction. (b) The board shall admini…

§179D-7 Administrative and judicial review. (a) The findings and order of the board, and the board's approval or disapproval of an application issued by the State are final, conclusive, and binding upon all owners, state agencies, and other government agencies, regulatory or othe…

§179D-8 Violations; penalties. (a) Except as otherwise provided by law, the board may set, charge, and collect administrative penalties and recover administrative fees and costs, including attorney's fees and costs, or bring legal action to recover administrative penalties, fees,…

§179D-9 Enactment of rules. The department shall adopt the necessary rules not later than one and one-half years after July 1, 2007. [L 1987, c 199, pt of §1; am L 2007, c 262, §10]