46-1667. Notice of violation; orders; procedure.

459 words·~2 min read·/ne/chapter-46/46-1667

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the Chief Water Officer has reason to believe that an owner or other person is violating or has violated the Safety of Dams and Reservoirs Act, an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the Chief Water Officer issued or adopted pursuant to the act, the Chief Water Officer shall give the owner or person written notice by certified mail that the owner or person appears to be in violation of the act. The owner or other person shall have thirty days from the mailing of such notice to respond or to request a hearing before the Chief Water Officer as to why the owner or other person should not be ordered to cease and desist from the violation. The notice shall inform the owner or other person how to request the hearing and the consequences of failure to request a hearing.

(2)If the Chief Water Officer finds that an owner or person is constructing, reconstructing, enlarging, altering, breaching, removing, or abandoning a dam without having first obtained the required application approval, the Chief Water Officer shall issue a temporary order for the owner or person to cease and desist the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment pending final action by the Chief Water Officer pursuant to subsection

(3)of this section. The temporary order shall include written notice by certified mail to the owner or person of the time and date set by the Chief Water Officer for a hearing to show cause why the temporary order should be vacated.

(3)After a response to a notice or a hearing pursuant to subsection

(1)or

(2)of this section or after the expiration of time to request a hearing, the Chief Water Officer shall issue a decision and final order. The decision and final order may take such form as the Chief Water Officer determines to be reasonable and appropriate and may include a determination of violation, a cease and desist order, the recommendation of a civil penalty, and an order directing that positive steps be taken to abate or ameliorate any harm or damage arising from the violation. The owner or person affected may appeal the hearing decision as provided in section 61-207 .

(4)If the owner or person continues the violation after the Chief Water Officer has issued a final decision and order pursuant to subsection

(3)of this section or a temporary order pursuant to subsection

(2)of this section, the Chief Water Officer may apply for a temporary restraining order or preliminary or permanent injunction from a court of competent jurisdiction. A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.