36.14.207    CHANGE IN CLASSIFICATION

(1) A high-hazard dam owner may request the department to reconsider a hazard determination.

(a) A request for reconsideration must include the data and analyses necessary to show that the dam is not a high-hazard dam.

(b) The owner shall pay for reasonable inspection costs incurred by the department as a result of the reconsideration.

(2) A classification of high-hazard dam is automatically rescinded if the dam is constructed to impound less than 50 acre-feet measured to the maximum normal operating pool, or if the dam is breached.

(a) A construction permit is necessary to perform the construction to reduce the impoundment capacity of the high-hazard dam or breach the high-hazard dam.

 

History: 85-15-110, MCA; IMP, 85-15-209, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88; AMD, 2012 MAR p.1844, Eff. 9/21/12.