(A) The department immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property.

(B) In applying emergency measures the department has the following limited powers to order the owner to:

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Terms Used In South Carolina Code 49-11-190

  • Dam: means an artificial barrier with appurtenant works, including, but not limited to, dams, levees, dikes, or floodwalls for the impoundment or diversion of waters or other fluids where failure may cause danger to life or property. See South Carolina Code 49-11-120
  • Danger to life or property: means a situation exists where the hazard potential as determined by the department is such that dam failure or improper reservoir operation may cause injury to persons, loss of human life, or damage to property. See South Carolina Code 49-11-120
  • Department: means the South Carolina Department of Health and Environmental Control or its staff or agents. See South Carolina Code 49-11-120
  • Order: means a written document prepared and issued by the department which mandates specific actions to be accomplished by a dam owner within a specified time frame. See South Carolina Code 49-11-120
  • Owner: means those who own, control, operate, maintain, manage, or propose to construct a dam or reservoir. See South Carolina Code 49-11-120
  • Removal: means destruction or breaching of an existing dam or drainage of water impoundment or reservoir. See South Carolina Code 49-11-120
  • Reservoir: means a reservoir which contains the impoundment of water by a dam or reservoir. See South Carolina Code 49-11-120

(1) lower the water level by releasing water from the reservoir;

(2) empty the reservoir completely;

(3) take other steps essential to safeguard life and property.

(C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department at once of the proposed repair and work underway.

(D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.

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