Haw. Code R. § 13-190.1-41.1 - Emergency action by department

(a) In applying the remedial means provided for in this chapter, the department may in an emergency with its own forces, or by other means at its disposal, do any or all of the following:

(1) Take full charge and control of any dam or reservoir;

(2) Lower the water level by releasing water from the reservoir;

(3) Completely or partially drain the reservoir;

(4) Perform any necessary remedial or protective work at the site; or

(5) Take such other steps as may be essential to safeguard life and property.

(b) The department shall continue in full charge and control of such dam or reservoir and its appurtenances until they are rendered safe or the emergency occasioning the action has ceased and the owner or operator is able to take back such operations. The department's take over of the dam, the reservoir, or their appurtenances shall not relieve the owner of a dam or reservoir of legal liability to the department or third parties for those circumstances which caused an emergency situation. The department's assumption of control over the dam shall not constitute a taking and the department shall not be liable to the dam owner or others for diminution in value that may be caused by the department's work.

Notes

Haw. Code R. § 13-190.1-41.1

[Eff. FEB 20 2012] (Auth: HRS § 179D-6) (Imp: HRS § 1790-24)