Oklahoma § 82-110.10 - Failure, neglect or refusal to comply with act - Orders

§ 82-110.10. Failure, neglect or refusal to comply with act - Orders

- Penalties - Judicial relief.

A. When an owner fails, neglects or refuses to comply with this

act, rules promulgated pursuant to this act, or orders of the

Oklahoma Water Resources Board, and there is no imminent peril to

the public health or welfare shown, the Board may, after notice and

opportunity for hearing, issue an order requiring such owner to take

whatever action the Board deems necessary to place the dam in a safe

condition, meet the requirements of this act, rules of the Board, or

the previous orders of the Board. Such action may include but is

not limited to lowering the level of or removing all water in the

reservoir, providing an adequate warning to the public downstream,

Oklahoma Statutes - Title 82. Waters and Water Rights

repair or modification of the existing dam after having the

appropriate application for approval of plans and specifications

granted, cease all construction work on a dam, and implementation of

an appropriate operation and maintenance plan.

B. When an owner fails, neglects or refuses to comply with this

act, rules promulgated pursuant to this act, 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. Said 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.

C. The Board may impose administrative penalties against owners

of dams who fail, refuse or neglect to comply with the provisions of

this act, rules of the Board promulgated pursuant to this act, or

orders of the Board. Such administrative penalties shall be imposed

only after notice and opportunity for hearing on the proposed

imposition of such penalties. The notice and opportunity for

hearing required by this paragraph may be combined with the notice

and hearing required in paragraph A of this section. Said penalties

shall not exceed Five Hundred Dollars ($500.00) per day for each

violation. Each day a violation continues shall constitute a

separate violation.

D. The Board may seek judicial relief to enforce provisions of

this act, rules promulgated pursuant to this act, and orders of the

Board by instituting action in the district court where the dam or a

major portion thereof is located.

E. If records and information available to the Board show that

there may be more than one owner of the dam subject to

administrative or judicial relief authorized by this section, the

Board is not required to give all such owners notice of proceedings

involving the dam, and such owners who do not receive notice or

enter their appearance in the proceedings shall not be deemed

indispensable parties, provided however, the Board shall use its

best efforts to provide notice to all known owners, considering the

number and type of interest of such owners, amount of control

exercised over the operation and maintenance of the dam by such

owners, the need to expeditiously proceed to hearing, and possible

harm by not providing such notice.

Added by Laws 1992, c. 185, § 10, eff. July 1, 1992.