Issuing First Permit

PURPOSE: This rule describes the procedure for issuing the first permit to a dam and reservoir owner for a particular dam and reservoir. (1) A permit will be issued or a letter will be sent to the owner with comments within forty-five (45) days after the receipt of a properly prepared application or after the completion of any hearings or record period conducted by the council in connection with the application, whichever is later. The council, upon hearing the recommendations of the chief engineer, shall approve or deny the permit application. (2) A permit will be issued if a complete and proper application has been submitted and the dam and reservoir comply with the law. (A) A registration permit may be denied if it is determined that the owner has not complied with the experienced professional engineer’s or agency engineer’s inspection recommendations. (B) A construction permit may be denied if there is insufficient information to determine that the proposed construction, alteration, enlargement, reduction or removal of a dam or reservoir would not endanger public safety, life or property or otherwise would comply with the law. (C) A safety permit may be denied if it is determined that there are violations of the construction permit or the law. (D) If revisions have been made which vary substantially from the provisions of the construction permit, the owner must show that the revisions do not endanger public safety, life or property before a safety permit will be issued. (3) Conditions contained in a construction permit shall include that the construction work must be under the responsible charge of an experienced professional engineer and the records be kept and made available as required by the chief engineer including, without limitation, for the foundation excavation and inspection and placement of backfill in the core trench. It is not necessary for the engineer in responsible charge to be on-site continuously. During construction, the council or its delegate, the chief engineer, may make periodic site inspections the purpose of inspecting and securing conformity of construction with the approved plans and specifications and the owner shall permit, upon reasonable notice, the person entry upon its property to make such inspections. The owner may be required to perform, at its own expense, reasonable work or tests as are necessary to provide sufficient information to enable the council to determine that there is conformity. Usually, testing will be limited to verification of embankment compaction, concrete strengths and other similar requirements. It is expected that the tests will be required where the owner’s inspection records are lacking. (4) Any significant modifications from a construction permit or approved plans makes the permit void and requires the owner to obtain a new permit. Significant modification to the plans and specifications must be prepared by an experienced professional engineer. The council or its delegate will follow the same evaluation procedures for the modifications as used with issuance of the original construction permit. Special attention will be given to these modification requests to provide a quick decision. (5) The owner of a dam and reservoir that is removed under a construction permit must notify the council or its delegate when this work is completed and in conformity with the provisions of the construction permit. The council or its delegate will then issue a final approval to relieve the owner of the requirement to have a permit upon a showing that the requirements of the law for removal have been satisfied. (6) Approval by the council for a construction permit becomes invalid within one (1) year, unless work on the construction has begun within that period, except that the owner may be excused from beginning work for a period of time that the work is prevented by flood, shortage of materials or regulation of government which cannot be met for reasons over which the owner has no control or other causes beyond the owner’s control. The same applies to construction of approved modifications contained in the conditions of a registration or safety permit for industrial water retention dams unless the conditions specify a different time schedule. AUTHORITY: sections 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1986 and 236.405, RSMo Supp. 1993.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective Jan. 1, 1985. *Original authority: 236.400, 236.415, 236.435, 236.440 and 236.465, RSMo 1979 and 236.405, RSMo 1979, amended 1993.