36.14.703    EMERGENCY ACTIONS - DEPARTMENT

(1) The department shall immediately notify the county sheriff, and employ any or additional remedial measures, or enter into and immediately take such actions, necessary to protect human life or property if, in the department's opinion:

(a) the condition of a dam or reservoir or appurtenant work is so dangerous to the safety of human life or property as not to allow time for the issuance and enforcement of an order; or

(b) the owner fails to comply with an emergency order or emergency action plan or it cannot be ascertained if the owner has complied with the order or if the owner can't be found.

(2) The department may enter and conduct such investigations, tests, and analyses and take such corrective action as required to carry out the purposes of the act and this chapter.

(3) In applying emergency measures, the department shall direct the owner by order or, if conditions warrant it, the department may perform any of the following:

(a) lower the water level by releasing water from any impoundment or reservoir;

(b) completely empty the impoundment or reservoir;

(c) remove the dam; or

(d) take other steps as may be essential to safeguard human life or property.

(4) The department may continue to control such dam, impoundment, reservoir, and appurtenant works until they are rendered safe or the emergency occasioning the action has ceased.

(5) Orders must be sent to a dam owner by certified mail or served personally.

History: Sec. 85-15-110, MCA; IMP, Sec. 85-15-215, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88.