Haw. Code R. § 13-190.1-40 - Maintenance and operation

(a) Owners shall provide for the adequate and timely maintenance, operation, and inspection of their dams and reservoirs and shall be responsible for any engineering and geologic investigations which may be required to ensure public safety. Owners shall keep available and in good order records of -original' ' '" construction and any modifications, and shall report to the department their maintenance, operation, and engineering activities,■including at a minimum, but not limited to, horizontal and vertical controls, seepage measurements, piezometric data collection, and geologic investigations.

(b) The owner of a dam or reservoir shall fully and promptly advise the department of any flood, incidents, or circumstance which may adversely affect the dam or reservoir.

(c) The department shall make inspections of dams and reservoirs either with its own engineers or by consulting engineers of its selection, not less than once every five years. The department shall require owners to perform at their expense any necessary remedial work and work reasonably required to disclose information sufficient to enable the department to determine conditions of dams and reservoirs in regard to their safety, including the installation, maintenance, and monitoring of instrumentation.

(d) All costs incurred by the department to conduct the inspection may be charged to the owner. The department shall present a bill for the expenses to the owner, and if the owner neglects for ninety days thereafter to pay it, the bill and costs become a lien upon the lands and property of the owner., so" :. liable for the payment of the bill, and must be collected as delinquent taxes against the lands and property are collected. All funds collected shall be deposited into the dam and reservoir safety special fund.

Notes

Haw. Code R. § 13-190.1-40

[Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 179D-30)