KRS 151.297: Orders for remedy -- Action by cabinet -- Contracts or agreements for

required work -- Hearings.

(1) Whenever the cabinet determines that any person to which a certificate of

inspection has been issued has failed to comply with the conditions in said

certificate or whenever the cabinet determines that life or property are or may be

endangered by the failure or incapacity of any dam, reservoir, levee, embankment,

or other water barrier, or by any other cause related to a dam or reservoir, levee,

embankment, or other water barrier irrespective of any condition or the lack thereof

in the certificate of inspection for said dam or reservoir, or in those instances where

no certificate is required on the levee, embankment or other water barrier, the

cabinet shall order the owner thereof to take such action as is necessary to render

the dam, reservoir, levee, embankment, or other water barrier safe.

(2) When the cabinet determines that the dam, reservoir, levee, embankment, or other

water barrier has been abando ned; or where the owner fails, in the judgment of the

cabinet, to take satisfactory action toward compliance with an order, issued pursuant

to this section; or where an owner fails to maintain a satisfactory rate of progress

toward full compliance therewit h; or where in the judgment of the cabinet, the

danger to life or property will not permit delay, the cabinet shall declare that an

emergency exists and shall take such action as it deems necessary to render the dam,

reservoir, levee, embankment, or other water barrier safe, which action may include,

but is not limited to:

(a) Taking full charge and control of the dam, reservoir, levee, embankment, or

other water barrier;

(b) Lowering the water level or emptying the reservoir;

(c) Performing any necessary remedial or protective work at the site;

(d) Taking such other steps as may be necessary to safeguard life and property; or

(e) Removing the dam, reservoir, levee, embankment, or other water barrier.

(3) The cabinet may continue such action until the dam, r eservoir, levee, embankment,

or other water barrier involved is rendered safe or the emergency requiring the

action has ceased. The secretary is authorized to enter into contracts or agreements

with other state, local, or federal agencies, or other persons , for work necessary to

implement such necessary actions.

(4) Any person to whom an order is directed pursuant to this section shall comply

therewith immediately, but, on petition to the cabinet, may within five (5) working

days have a hearing thereon.