SECTION 785:25-3-2. Owner's responsibility

(a)   General.

(1)   Owners of dams to which the provisions of this Chapter apply shall have the responsibility to provide for the safety of such works by making any necessary changes to put the works in a safe condition.

(2)   Such responsibility includes but is not necessarily limited to the following: the filing of an application to construct, enlarge, alter or repair the dam pursuant to Subchapter 5; the modification of the dam to meet applicable minimum requirements in this Subchapter; and the adequate maintenance, operation, and inspection of a existing dam.

(b)   Multiple owners.

(1)   When there is more than one owner of a dam, the Board shall consider all such owners responsible for the safety of such dam unless evidence to the contrary shows otherwise.

(2)   The Board shall provide copies of inspection reports to at least one owner of record at the Board and shall provide notice of hearing on dam safety related matters to such owner with an instruction that the notice shall be delivered or mailed to all owners.

(3)   Unless otherwise agreed by all the owners and the Board, the Board may, after such notice and hearing, order all the owners to take whatever remedial action is necessary to put the dam in a safe condition.

(4)   The Board will not attempt to delineate levels of responsibility or allocate particular items of action among the owners.

(c)   Transfer of ownership. Upon transfer of ownership of the works, the new owner shall notify the Board of such transfer.

[Source: Amended at 9 Ok Reg 1675, eff 5-11-92; Amended at 14 Ok Reg 2766, eff 7-1-97]