Report Title:

Dams and Reservoirs

Description:

Requires the owner of a dam or reservoir to control water levels and maintain the dams and reservoir in safe condition.  Establishes penalties for violations.

THE SENATE	S.B. NO.	1530
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DAMS AND RESERVOIRS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 179D, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§179D-   Duty to control water level. The owner of a dam or reservoir shall not allow the actual water level of the reservoir to exceed the design water level.

§179D-   Duty to maintain dam and reservoir. (a)  The owner of a dam or reservoir shall have the duty to manage and maintain the dam or reservoir in safe condition; provided that this duty shall include, but not be limited to, keeping all valves and spillways in working condition and preventing natural and planted foliage, including but not limited to the foliage roots, from compromising the safety of the dam or reservoir.

(b)  The owner shall have the duty to properly manage and maintain each of the reservoir's water inlet and water outlet points; provided that this management and maintenance shall include but not be limited to annual cleanings."

     SECTION 2.  Section 179D-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Design water level" means the maximum water elevation, including the flood surcharge, that a dam is designed to withstand."

     SECTION 3.  Section 179D-8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§179D-8[]]  Violations; penalties.  [Any person violating] It shall be a criminal offense to violate any provision of this chapter or any permit condition or limitation established pursuant to this chapter or to negligently or wilfully [failing] fail or [refusing] refuse to comply with any final order of the board issued as provided herein[, shall be liable for a civil penalty not to exceed $500 for each day during which said violation continues].  A violation shall be considered a separate violation for each day during which the violation continues.  A person convicted of a criminal offense under this section shall be sentenced as follows:

(1) For the first violation, the person shall be fined $2,000;

(2) For the second violation, the person shall be fined $4,000;

(3) For the third and each subsequent violation, the person shall be fined $8,000 and imprisoned for a term not to exceed five years."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

INTRODUCED BY:

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