Rhode Island § 46-19-9 - Inspection of Dams and Reservoirs

§ 46-19-9. Emergency action plans.

(a) By July 1, 2008, an emergency action plan shall be prepared for each significant or high-hazard dam by the city or town wherein the dam lies. The Rhode Island emergency management agency, as established in chapter 15 of title 30, shall develop guidelines for the preparation of emergency action plans. The department of environmental management and the Rhode Island League of Cities and Towns shall cooperate with the Rhode Island emergency management agency in developing the guidelines. All emergency action plans prepared pursuant to this section shall not be considered final or complete until approved by the emergency management agency, with the cooperation of the department of environmental management.

(b) The owner of any other dam, regardless of the assigned hazard classification, may also be required to prepare an emergency action plan if deemed necessary by the department of environmental management.

(c) Emergency action plans shall be updated on an annual basis and shall be filed with the Rhode Island emergency management agency, the department of environmental management, the chief of the local police department, and the local city or town emergency management official.

(d) Once an emergency action plan is complete, the city or town wherein the dam lies shall provide written notice to the dam owner of the costs for actions taken by the city or town in the development of the emergency action plan. Said costs of developing the emergency action plan shall be remitted to the city or town within ninety (90) days of the receipt of the notice. In the event that the costs are not remitted within the ninety-day (90) period, the municipality shall have a valid legal claim against the dam owner, in the amount of such costs, plus any costs associated with the pursuit of the claim.

(e) Each state agency shall, in cooperation with the municipality in which the dam lies, be responsible for the preparation of an emergency action plan for each high- and significant-hazard dam owned by that agency by the deadline specified in subsection (a).

(f) The department of environmental management may assess an administrative penalty for failure to comply with subsections (a), (b), (c), and (e) of this section, in accordance with chapter 17.6 of title 42.

(g) The department of environmental management and the Rhode Island emergency management agency shall establish a notification system for dams in the event of severe weather conditions to coordinate the actions at the federal, state, and local levels. The notification system shall include a dam advisory, a dam watch, and a dam warning.