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(a) The department may take emergency remedial action to protect life or property from the risks created by the dam's operation or potential failure, if the department determines that one or more of the following conditions exist:
(1) the condition of a dam is sufficiently dangerous to preclude adequate time for the issuance of an order to the owner under 11 AAC 93.159(d) regarding the maintenance or operation of the dam;
(2) actual or potential flooding threatens the condition of the dam;
(3) the owner will not voluntarily comply with an order or does not have the present means to comply with an order from the department.
(b) In taking emergency remedial action under this section, the department may take supervisory control of the dam from the owner, over the owner's objection if necessary, until the emergency no longer exists. During the department's supervisory control of the dam, the owner, agents, and employees of the owner shall comply with all of the department's orders.
(c) The owner shall reimburse the state for the costs of any reasonably necessary emergency remedial action taken under this section, including the costs of any consultant, contractor, emergency response agency, or other entity retained or requested by the department to respond to the emergency.
History: Eff. 8/16/89, Register 111; am 10/2/2004, Register 171
Authority: AS 46.17.010
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Last modified 7/05/2006