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