{"data":{"id":"us-ky/krs-151.297","jurisdiction":"us-ky","citation":"KRS 151.297","heading":"Orders for remedy -- Action by cabinet -- Contracts or agreements for","body":"required work -- Hearings.\n(1) Whenever the cabinet determines that any person to which a certificate of\ninspection has been issued has failed to comply with the conditions in said\ncertificate or whenever the cabinet determines that life or property are or may be\nendangered by the failure or incapacity of any dam, reservoir, levee, embankment,\nor other water barrier, or by any other cause related to a dam or reservoir, levee,\nembankment, or other water barrier irrespective of any condition or the lack thereof\nin the certificate of inspection for said dam or reservoir, or in those instances where\nno certificate is required on the levee, embankment or other water barrier, the\ncabinet shall order the owner thereof to take such action as is necessary to render\nthe dam, reservoir, levee, embankment, or other water barrier safe.\n(2) When the cabinet determines that the dam, reservoir, levee, embankment, or other\nwater barrier has been abando ned; or where the owner fails, in the judgment of the\ncabinet, to take satisfactory action toward compliance with an order, issued pursuant\nto this section; or where an owner fails to maintain a satisfactory rate of progress\ntoward full compliance therewit h; or where in the judgment of the cabinet, the\ndanger to life or property will not permit delay, the cabinet shall declare that an\nemergency exists and shall take such action as it deems necessary to render the dam,\nreservoir, levee, embankment, or other water barrier safe, which action may include,\nbut is not limited to:\n(a) Taking full charge and control of the dam, reservoir, levee, embankment, or\nother water barrier;\n(b) Lowering the water level or emptying the reservoir;\n(c) Performing any necessary remedial or protective work at the site;\n(d) Taking such other steps as may be necessary to safeguard life and property; or\n(e) Removing the dam, reservoir, levee, embankment, or other water barrier.\n(3) The cabinet may continue such action until the dam, r eservoir, levee, embankment,\nor other water barrier involved is rendered safe or the emergency requiring the\naction has ceased. The secretary is authorized to enter into contracts or agreements\nwith other state, local, or federal agencies, or other persons , for work necessary to\nimplement such necessary actions.\n(4) Any person to whom an order is directed pursuant to this section shall comply\ntherewith immediately, but, on petition to the cabinet, may within five (5) working\ndays have a hearing thereon.","path":["KRS Chapter 151"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=2109","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:45Z","sha256":"48b15117f52ab0314c68514c9ff11ba40414588bd0ec0a2671235ecc1cf26322","source_id":"us-ky","stale":false,"prev":"us-ky/krs-151.295","next":"us-ky/krs-151.299"},"notice":"GroundRules: Original legal text. Not legal advice."}