Effective – 28 Aug 1979 236.400. Definitions. — As used in sections 236.400 to 236.500, standards, rules and regulations promulgated hereunder, unless the context otherwise requires the following words and terms mean: (1) “Agricultural dam”, any dam constructed to impound water for use in irrigation, livestock watering, or commercial fish rearing and sale; (2) “Alterations”, […]
Effective – 28 Aug 1995 236.405. Employment of engineer and assistants — records — rulemaking, procedure. — 1. There is hereby created a dam and reservoir safety program in the department of natural resources. The council shall promulgate rules, regulations, guidelines, and standards relating to the determination of whether a dam or reservoir constitutes a […]
Effective – 28 Aug 2013 *236.410. Council established — members, terms, qualifications, officers — meetings — quorum — compensation — report. — 1. There is hereby created a “Dam and Reservoir Safety Council”, whose domicile for the purposes of sections 236.400 to 236.500 shall be the department of natural resources of the state of Missouri, […]
Effective – 28 Aug 1995 236.415. Council’s powers and duties — public hearings required — adoption of rules and regulations, procedure. — 1. The council considering recommendations of the chief engineer shall, subsequent to a public meeting, adopt, subject to the approval of the director, the general technological guidelines and the standards, guidelines, rules and […]
Effective – 28 Aug 1979 236.420. Inspection of dams and reservoirs, when — report on conditions. — The council, with the advice and assistance of the chief engineer, shall carry out a state program of inspection of dams and reservoirs in accordance with regulations adopted by the council. All dams and reservoirs in this state […]
Effective – 28 Aug 1979 236.425. Chief engineer’s duties — search warrants — council to hear certain appeals. — 1. The chief engineer shall administer the provisions of sections 236.400 to 236.500 by: (1) Recommending general technological guidelines that pertain to the design, construction, maintenance, operation, use, alteration, repair, enlargement, reduction, or natural physical changes […]
Effective – 28 Aug 1979 236.430. Employees, council to provide for. — The council shall retain, employ, provide for and compensate within appropriations available therefor, such consultants, assistants, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 236.400 to 236.500 and prescribe the times […]
Effective – 28 Aug 1979 236.435. Permits required, when, procedure to obtain — chief engineer to make recommendation — exemptions — plans to be filed. — 1. Prior to the commencement of the construction, alteration, enlargement, reduction or removal of a dam or reservoir, the owner shall apply to the council and upon satisfying the […]
Effective – 28 Aug 1979 236.440. Owner to notify council, when — council to issue safety permit — registration of existing dams, when — violations. — 1. The owner shall notify the council upon completion of construction, alteration, enlargement, or reduction of the dam or reservoir. This notification shall bear the seal and signature of […]
Effective – 28 Aug 1979 236.445. Permit may be suspended — alteration or removal may be required — violation. — 1. If it is found that a dam or reservoir presents a threat to public safety, life or property, or that the safety of the dam or reservoir is threatened, the permit for the dam […]
Effective – 28 Aug 1979 236.450. Removal or repair of abandoned dam — recovery of expenses. — An existing dam or reservoir which the chief engineer determines to be abandoned and considered to be a threat to public safety, life, or property may be altered, repaired, or removed upon such determination at the expense of […]
Effective – 28 Aug 1979 236.455. Emergency action authorized. — If it is determined at any time that the condition of a dam or reservoir is an imminent and substantial threat, and so dangerous to public safety, life or property as not to permit time for issuance of an enforcement order to correct the hazard, […]
Effective – 28 Aug 1979 236.460. Transfer of ownership, notice required. — The owner shall notify the chief engineer upon the sale or other transfer of interest in a dam or reservoir, either existing or under construction, alteration or removal. The construction, safety or registration permit shall be transferred to the successive owner upon receipt […]
Effective – 28 Aug 1979 236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes. — Irrespective of any other provisions of sections 236.400 to 236.500, the following provisions shall apply to the construction, alteration or enlargement of tailing, slime and settling ponds and to other similar industrial […]
Effective – 28 Aug 1979 236.470. Conduct of hearings — subpoenas — approval of final orders. — 1. At any public hearing all testimony taken before the council, or a hearing officer appointed by the council chairman, shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any person […]
Effective – 28 Aug 1979 236.475. Immunity of officers. — In the absence of willful and wanton misconduct, no action shall be brought against the council, the chief engineer or his agents, or department employees or private individuals employed as consultants by the department for the recovery of damages caused by the partial or total […]
Effective – 28 Aug 1979 236.480. Judicial review of actions — administrative review required — interpretation of administrative actions. — 1. All final decisions, orders, actions or determinations made pursuant to the provisions of sections 236.400 to 236.500 are subject to judicial review pursuant to the provisions of chapter 536. No judicial review shall be […]
Effective – 28 Aug 1979 236.485. Water rights preserved. — The provisions of sections 236.400 to 236.500 do not grant or diminish any right to that water entering, discharged from or impounded by a dam or contained in a reservoir. ——– (L. 1979 H.B. 603 § 18)
Effective – 28 Aug 1979 236.490. Enforcement of act. — All duly constituted officers of the law of this state or any political subdivision thereof shall aid in the enforcement of the provisions of sections 236.400 to 236.500. ——– (L. 1979 H.B. 603 § 19)
Effective – 28 Aug 1979 236.495. Legal actions for enforcement available, procedure. — 1. In carrying out the provisions of sections 236.400 to 236.500 and to the extent not inconsistent with chapter 491, the chief engineer or council may subpoena witnesses and compel their attendance, and may also require the submission of books, papers, documents […]
