36.14.312    NOTICE, ORDER, AND REVOCATION FOR NONCOMPLIANCE

(1) If at any time during construction of any dam or reservoir the department finds that the work is not being done in accordance with the provisions of the permit, including revisions, it shall give a written notice and order by certified mail or by personal service to the owner.

(2) The notice and order must state the particulars in which the permit is not being or has not been complied with and shall order the immediate compliance.

(3) The department may order that no further work be done

until evidence of compliance has been submitted to the department.

(4) If a permittee fails to comply with the permit after receipt of a notice, the permit is deemed canceled, and all rights acquired under the permit are forfeited.

(5) If, after any inspections, investigations, or examinations, or at any time as the work progresses, it is found by the department that amendments, modifications, or changes are necessary to ensure safety, the department may order the owner to revise the plans and specifications.

(6) If, after any inspections, investigations, or examinations, or at any time as the work progresses, conditions are discovered that will not permit the construction of a safe dam or reservoir, the department shall cancel the permit.

History: Sec. 85-15-110, 85-15-211, 85-15-216, MCA; IMP, Sec. 85-15-210, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88.