Resource

WAIT!, I own a dam? And Regulatory is Filing a Lawsuit?!

Resource Type
ASDSO Conference Papers
Reference Title
WAIT!, I own a dam? And Regulatory is Filing a Lawsuit?!
Author/Presenter
Guistina, James
Organization/Agency
Association of State Dam Safety Officials
Publisher Name
Association of State Dam Safety Officials
Year
2022
Date
September 18-22, 2022
Event Name
Dam Safety 2022 - 39th Annual Conference
Event Location
Baltimore, Maryland
ASDSO Session Title
Concurrent Session 37 – Managing Rules And Regulations For Real Results
Abstract/Additional Information

ABSTRACT ONLY - So, what happens when on one day you find out you own a structure that the governing regulatory agency has defined as a high hazard dam, that is on your property and has been issued repeated citations over the past 8 years unbeknownst to you? While the knee jerk reaction is 'well I didn't know'• , unfortunately the law states that you are still responsible for the deficiencies in the structure and what's more is; the clock is ticking to regain compliance. Regrettably time runs out and a complaint is filed in district court, naming you as the defendant, and outlining the numerous violations on your newfound dam. What happens next?
It is now time to meet with the regulatory to determine the best path forward to not only safely return the dam to a compliant, non-hazardous state, but also to try and minimize the fines that the State can levy against you. With the help of coordinating with regulatory, a path can be found that will accomplish the above, but also educate proper methods for remediation, maintaining the dam and providing the regulatory agency with the necessary permits, reports and other necessary documentation to be in compliance. This presentation will outline the steps for a particular case study that resulted in an Order of Consent. We will outline the steps completed for regulatory to satisfactorily outline a schedule to bring the dam into compliance with regulating laws.