Section 15-0507. Structures impounding waters; structures in waters; responsibility of owner; inspection

1. Any owner of a dam or other structure which impounds  waters  shall
  at  all  times  operate  and maintain said structure and all appurtenant
  structures in a safe condition. As used  in  this  section  and  section
  71-1109  of  this  chapter,  "owner"  means  any  person or local public
  corporation who owns, erects, reconstructs, repairs, maintains or uses a
  dam or other structure  which  impounds  waters.  The  commissioner  may
  promulgate  regulations  requiring  any owner to prepare and implement a
  safety program for such dam or structure as necessary to safeguard life,
  property or natural resources. Regulations governing the safety  program
  may  include  requirements  for inspections, monitoring, maintenance and
  operation, emergency action planning, financial security,  recordkeeping
  and  reporting or any other requirement the commissioner deems necessary
  to safeguard life, property or natural resources. Such requirement shall
  only apply to those dams or other structures that impound  waters  which
  pose,  in the event of failure, a threat of personal injury, substantial
  property damage or substantial natural resource damage.
    2.  Whenever in the judgment of the department public safety requires,
  the department shall investigate dams and  other  structures  impounding
  waters  in  the  state, and docks, piers and wharves extending into such
  waters.
    3. In addition to any other power set forth in this chapter, including
  the power to issue an order pursuant to section 71-0301 of this chapter,
  the department shall have the power, whenever in  the  judgment  of  the
  department  it  may  be  necessary  to  safeguard life or property or to
  protect the natural resources of the state, after hearing on due notice,
  to issue an order, setting forth the findings of  fact  and  conclusions
  therefrom, directing any owner:
    a.  to  conduct  studies,  investigations  and  analyses  necessary to
  evaluate the safety of the  structure,  including  but  not  limited  to
  visual  inspections,  measurements,  foundation exploration and testing,
  materials  testing,  hydraulic  and  hydrologic   analyses,   structural
  stability analyses and seepage investigations; and
    b.  to  either  remove  the said structure or to erect, reconstruct or
  repair the same within such reasonable time and in such manner as  shall
  be specified in said order.
    It  shall  be the duty of every such owner to obey, observe and comply
  with  such  order  and  with  the  conditions  therein  prescribed.  The
  provisions  of  title  9  of this article with respect to administrative
  procedures shall be applicable to hearings under this section.
    4.  It shall be unlawful for any owner to fail,  omit  or  neglect  to
  comply  with  such  order  within a reasonable time as designated by the
  department.
    5. Upon the violation of any such order,  the  department  shall  have
  power  to  enter  upon  the  lands  and waters where such structures are
  located for the purpose of removing,  repairing  or  reconstructing  the
  same  and  to  take such other and further precautions which it may deem
  necessary to safeguard life or property or protect the natural resources
  of  the  state  against  danger  occasioned  by  the  presence  of  such
  structures. In removing, repairing and reconstructing such structures or
  other  properties  so affected the department shall not deviate from the
  method, manner and specifications contained in the original order.
    6. The department shall certify the amount of the costs  and  expenses
  incurred  by  the  department and any state departments for the removal,
  repair or reconstruction aforesaid in any wise  connected  therewith  to
  the  county legislative body of the county or counties in which the said
  lands and waters are located, whereupon it shall be  the  duty  of  such

  county legislative body of each county to add the amount so certified to
  the  assessment rolls of such locality or localities as a charge against
  the real property upon  which  the  dam,  dock  or  other  structure  is
  located,  designated  or  described  by  the  department  as  chargeable
  therewith, and to issue its  warrant  or  warrants  for  the  collection
  thereof.  Thereupon  it  shall  become  the  duty  of  such  locality or
  localities through their  proper  officers  to  collect  the  amount  so
  certified  in  the  same  manner  as  other  taxes are collected in such
  locality or localities and  when  collected  to  pay  the  same  to  the
  department,  who  shall thereupon, pay the same into the State Treasury.
  Any amount so levied shall thereupon become and be a lien upon the  real
  property affected thereby to the same extent as any tax levy becomes and
  is  a  lien  thereon.    The  department may also assert other rights of
  recovery as may exist by law for such costs and expenses incurred.