Okla. Admin. Code § 785:25-9-5

Current through Vol. 42, No. 3, October 15, 2024

Section 785:25-9-5 - Correction of deficiencies creating imminent peril

(a)When an owner fails, neglects or refuses to comply with the Oklahoma Dam Safety Act, rules of this chapter, or orders of the Board, and there is an imminent peril to the public health or welfare shown, the Executive Director of the Board, or Assistant Director in the absence of the Executive Director, may, without notice or opportunity for hearing, issue an emergency order requiring such owner to take actions the Board deems necessary to place the dam in a safe condition. Such emergency order shall indicate the finding of imminent peril and shall specify the actions that are to be taken immediately. The order shall also specify a time and place for hearing to be held after such actions are taken [82:110.10]. In determining whether an imminent peril to the public health or welfare exists, the Board may consider the following:

(1) The condition of any dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of an order after notice and hearing relative to maintenance or operation; or

(2) Passing imminent floods threaten the safety of any dam or reservoir.

(b) The Board may, if the owner cannot be served or is otherwise unable to act, immediately employ remedial measures. The remedial measures the Board may take in such an emergency include but are not limited to any of the following:

(1) Lower the water level by releasing water from the reservoir;

(2) Completely empty the reservoir; or

(3) Take such other steps as may be essential to safeguard life and property.

(c) The cost and expenses of the remedial measures taken by the Board, including cost of any work done to render a dam or reservoir or its appurtenances safe, shall be recoverable by the State from the owner by action brought by the Board in the district court of the district wherein the dam or reservoir or any part thereof is situated.

Okla. Admin. Code § 785:25-9-5

Amended at 10 Ok Reg 3287, eff 6-25-93

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020