Revoking Permit

PURPOSE: This rule describes the reasons for revoking a permit. (1) Approval of the council or its delegate, the chief engineer, shall be obtained for modifications that substantially alter or adversely affect the safety or stability of the dam or reservoir. Modifications, without the approval of the council or its delegate, the chief engineer, are cause for suspension or revocation of any permit. If the chief engineer finds that the condition of the dam and reservoir has deteriorated substantially from those conditions present when the permit was issued, or that has defects which adversely affect the safety or stability of the dam and reservoir or threatens public safety, life or property, s/he shall revoke the permit. If a permit is suspended or revoked, the dam owner will be in violation of the law and may be subject to prosecution for a misdemeanor. (2) If the chief engineer determines that a dam or reservoir constitutes a threat to public safety, life or property, s/he may order its removal or take any other actions necessary to reduce or eliminate the threat. Failure of a dam owner to alter or remove his/her dam and reservoir as directed, when it is found to be a threat to public safety, life or property, will result in revocation of the permit and, if necessary, removal of the dam or any other action necessary to reduce or eliminate the threat to public safety, life or property by the state at the owner’s expense. AUTHORITY: sections 236.405, RSMo Supp. 1993 and 236.415, 236.445, 236.495 and 236.500, RSMo 1986.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective Jan. 1, 1985. *Original authority: 236.405, RSMo 1979, amended 1993 and 236.415, 236.445, 236.495 and 236.500, RSMo 1979.