CARCIERI ORDERS DEM TO TAKE IMMEDIATE ACTION ON SIX HIGH HAZARD DAMS

11-03-2005

Governor Directs DEM to Immediately Assess and Fix Imminent Structural Problems;

DEM to Draft & Compel Compliance with Long-Term Structural Repair Plans

Governor Donald L. Carcieri today ordered the Rhode Island Department of Environmental Management (DEM) to immediately review the status of six high hazard dams throughout the state, to take necessary actions to ensure their safety.

In short, the Governor directed DEM to immediately determine if any of the six dams is a threat to public safety, so the state can act expeditiously to make necessary repairs. At the Governor’s instruction, DEM will also develop long-term plans for upgrading the dams’ structural safety, and take whatever legal steps are necessary to compel the dam owners to make the necessary long-term repairs.

The six dams identified by DEM as high hazard include the Yorker Mill Pond Dam in Exeter, the Limerock Dam in Lincoln, the Slacks Reservoir Dam in Johnston, the Tiogue Lake Dam in Coventry, the Coventry Reservoir Dam, and the Stone Pond Dam in Cranston.

In a November 3rd letter to DEM Director, Dr. Michael Sullivan, the Governor noted that while actions have already been taken to upgrade the safety of these dams, the unprecedented levels of rainfall recently experienced by Rhode Island might have compromised the dams further.

“Rhode Island state law is clear that the owners of these dams are responsible for their upkeep and safety,” Governor Carcieri said. “Over the years, the Department of Environmental Management has made a number of attempts to get the owners of these dams to recognize their responsibilities, and to make necessary repairs to the structures.”

“Unfortunately, despite our efforts, these six dams may pose a risk to public safety, and threaten the lives and property of Rhode Island citizens,” Carcieri continued. “The unprecedented level of rainfall that Rhode Island experienced a few weeks ago demonstrate that we cannot wait any longer to take actions to ensure the safety of these dams. We must take whatever actions necessary to compel the owners to make the repairs necessary to protect the public.”

“Today, I directed Dr. Sullivan to perform an immediate assessment of the safety of these dams to determine what short-term actions the state must take to safeguard the public,” Governor Carcieri said. “If there is an imminent threat, the state must act immediately. We will not have the luxury of waiting for the owners to take action.”

“I also instructed the Department of Environmental Management to take a number of other steps to address the long-term safety of these dams,” the Governor noted. “I expect DEM to bring enforcement actions against any owner who refuses to live up to their responsibilities, to draw up specific remediation plans for each dam, to require owners to implement those plans, and to coordinate with emergency management officials on plans to respond to an emergency at one of these structures.”

Specifically, Governor Carcieri asked the Department of Environmental Management to:
• Determine if any of the 6 high-risk dams poses an imminent threat to public safety such that immediate action should be taken under Gubernatorial emergency powers, and if so, identify any such dams and the conditions requiring immediate action;
• Pursuant to Rhode Island General Laws Title 46 Chapter 19 et seq., take immediate steps to prosecute any enforcement actions that have not been complied with, including preparation of complaints to the Attorney General to pursue judicial enforcement;
• Develop specific remediation plans for each of the six dams that prescribe the repairs necessary to ensure public safety;
• Provide notice to dam owners that DEM plans to take further action in ensuring the safety of the dams and initiate further regulatory enforcement actions as are necessary to implement the remediation plans proposed by DEM;
• Coordinate with the Rhode Island Emergency Management Agency in the development of any emergency response plans that may be necessary or advisable to execute in the event of an emergency order issued by the Governor.