236.440. Owner to notify council, when--council to issue safety permit--registration of existing dams, when--violations.
Owner to notify council, when--council to issue safetypermit--registration of existing dams, when--violations.
236.440. 1. The owner shall notify the council uponcompletion of construction, alteration, enlargement, or reductionof the dam or reservoir. This notification shall bear the sealand signature of an experienced professional engineer and shallbe accompanied by an application for a safety permit. The ownerof any dam or reservoir subject to the provisions of sections236.400 to 236.500 shall obtain a safety permit followingcompletion of construction.
2. Upon receipt of complete and proper application for asafety permit, including notification of completion by the ownerand certification by an experienced professional engineer thatthe new construction, alteration, enlargement or reduction hasbeen completed in accordance with the provisions of theconstruction permit and sections 236.400 to 236.500, the councilshall upon receipt of the application issue a safety permit. Thecouncil upon advice of the chief engineer may deny theapplication if it determines that violations of the constructionpermit or sections 236.400 to 236.500 exist. If revisions havebeen made which vary substantially from the provisions of theconstruction permit, it must be shown that the revisions do notendanger public safety, life or property. The safety permit fordams constructed pursuant to a construction permit issued undersections 236.400 to 236.500, may contain conditions the councilupon advice of the chief engineer determines are necessary forthe protection of public safety, life and property and a scheduleand timetable for the dam and reservoir to achieve compliancewith the construction permit and provisions of sections 236.400to 236.500, standards, rules and regulations promulgatedhereunder, but such conditions shall not be more stringent orrestrictive than those contained in the construction permit.
3. Owners of dams and reservoirs in existence on September28, 1979, shall obtain registration permits for dams of fifty toseventy feet in height within four years, and for dams up tofifty feet in height within six years of September 28, 1979, oras otherwise required by the provisions of sections 236.400 to236.500 and rules and regulations adopted hereunder. Aregistration permit shall be issued by the council upon theadvice of the chief engineer for dams and reservoirs only afterit is determined that the dam meets the standards of sections236.400 to 236.500 and rules and regulations hereunder, and anyrecommendations made by the inspecting engineer pursuant thereto.
4. Upon complete and proper application for a registrationpermit, on forms provided by the department of natural resources,by the owner of a dam in existence upon September 28, 1979,including a certification by an experienced professional engineeror an engineering division of a state or federal agency regularlyengaged in dam construction for soil or water conservation,irrigation, or relating to wildlife conservation, that the damhas been inspected in accordance with sections 236.400 to236.500, standards, rules and regulations and guidelinespromulgated hereunder, and that the owner has complied with theinspecting engineer's or agency's recommendations necessary tocorrect observed defects of the dam or reservoir, the councilshall, upon receipt of the application, issue a registrationpermit. The council upon hearing the recommendations of thechief engineer may deny the application if it determines that theowner has not complied with the inspecting engineer's or agency'srecommendations.
5. For dams for which construction was completed prior tothe effective date of the construction permit requirementshereunder, the registration permit may contain conditions thecouncil upon hearing recommendations of the chief engineerdetermines to be necessary to bring the dam and reservoir intocompliance with sections 236.400 to 236.500 and standards, rulesand regulations promulgated hereunder.
6. If a dam or reservoir has been removed by the owner, thecouncil shall issue a final approval upon notification by theowner and receipt of certification by an experienced professionalengineer that the removal has been carried out in accordance withthe provisions of the construction permit issued for suchremoval. Failure to obtain final approval shall be a violationof sections 236.400 to 236.500.
7. The council shall issue safety permits for dams or theirconstruction, alterations, enlargements, reductions or removalsdesigned by, and their construction or other listed actionsmonitored by, a state or federal agency engaged in damconstruction for soil and water conservation, irrigation orrelating to wildlife conservation provided the owners obtain fromsuch agency and file with the chief engineer a statement uponcompletion of the construction or other listed actions and at notgreater than five year intervals, and with every application forrenewal of a safety permit, that the dam conforms to the plans onfile with the chief engineer and is in a safe, properlymaintained condition.
8. The owner shall apply for renewal of a safety orregistration permit not less than sixty days prior to expirationof the previously issued permit. The chief engineer shalldetermine if the dam and reservoir are essentially as describedin the latest permit issued for that dam and reservoir, whetherthey satisfy the requirements of sections 236.400 to 236.500 andany rules, regulations, standards and guidelines adopted pursuantto sections 236.400 to 236.500 and whether any inspectionconducted in connection with the permit renewal reveals anydefect in the dam or reservoir which would threaten publicsafety, life or property. Unless the chief engineer determinesthat the dam and reservoir are not properly maintained, do notsatisfy the requirements of the permit, act* or rules,regulations, standards and guidelines promulgated hereunder, orthat defects revealed by the inspection are not corrected, thecouncil upon hearing the recommendations of the chief engineershall issue or renew the safety or registration permit uponforty-five days of the receipt of a complete and properapplication. The council may require the owner to furnish acertification, as a part of an application to renew a permithereunder, by an experienced professional engineer or a qualifiedengineering division of a state or federal agency regularlyengaged in dam construction for water conservation, irrigation orrelating to wildlife conservation that the dam is in a properlymaintained condition and that any recommendation for correctionof defects which violate sections 236.400 to 236.500, guidelines,rules, regulations and standards hereunder or which threatenpublic safety, life or property have been complied with and thatthe engineer detected no other such defects which have not beencorrected.
9. If a barrier or water impoundment becomes a dam orreservoir through alteration or enlargement as defined herein, itshall be subject to the provisions of sections 236.400 to236.500.
10. Failure to obtain and comply with a permit as requiredin this section is a violation of sections 236.400 to 236.500.
(L. 1979 H.B. 603 § 9)*Word "act" apparently refers to "this act", now §§ 236.400 to 236.500.