Maine Revised Statutes Title 37-B Sec. 1114 – Powers of the department
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1. Rules. In accordance with Title 5, chapter 375, subchapter II, the department may adopt, modify or repeal rules for carrying out this chapter. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II?A.
[PL 2001, c. 460, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 37-B Sec. 1114
- Commissioner: means the Commissioner of Defense, Veterans and Emergency Management. See Maine Revised Statutes Title 37-B Sec. 1111
- Dam: means any artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts water, and that:
A. See Maine Revised Statutes Title 37-B Sec. 1111Emergency: means breaches and all conditions leading to or causing a breach, overtopping or any other condition in a dam and its appurtenant structures that may be construed as unsafe or threatening to life and property. See Maine Revised Statutes Title 37-B Sec. 1111 Emergency situation: means a situation determined by the commissioner, after consultation with other state and federal agencies if time permits, to present a potential but real and impending danger to life, limb or property because of flooding or potential and imminent flooding and includes a situation that the Governor declares to be an emergency pursuant to section 742. See Maine Revised Statutes Title 37-B Sec. 1111 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
2. Emergency situation. When an emergency situation arises, the commissioner shall warn the public of the emergency and, notwithstanding any other provision of law, shall take all actions necessary to protect life and property, which may include, but are not limited to, the following:
A. Taking full charge and control of any dam or reservoir; [PL 2001, c. 460, §3 (NEW).]
B. Lowering the water level by releasing water from the reservoir; [PL 2001, c. 460, §3 (NEW).]
C. Completely emptying the reservoir; [PL 2001, c. 460, §3 (NEW).]
D. Breaching or removing the dam itself; and [PL 2001, c. 460, §3 (NEW).]
E. Taking other necessary steps to safeguard life and property. [PL 2001, c. 460, §3 (NEW).]
[PL 2001, c. 460, §3 (NEW).]
3. Investigations. For the purpose of enabling it to make decisions as compatible as possible with economy and protection of life and property and for the purpose of determining compliance with this chapter, the department may make necessary investigations and inspections. In making investigations and inspections required or authorized by this chapter, the department or its representatives may, as necessary in emergency situations, enter upon public or private property or in nonemergency situations secure administrative warrants from any District Court Judge or Superior Court Justice for the purpose of gaining entry onto private property.
[PL 2001, c. 460, §3 (NEW).]
4. Injunction; civil or criminal proceedings. In the event of violation of any of the provisions of this chapter or of any rule, order or decision of the department, the department may institute injunctive proceedings or other civil action as provided in this chapter.
[PL 2001, c. 460, §3 (NEW).]
SECTION HISTORY
PL 2001, c. 460, §3 (NEW).