Enforcement Orders and Enforcement Procedures

PURPOSE: The purpose of this rule is to identify the procedure to be taken for the issuance of enforcement orders. (1) Enforcement orders shall be prepared by the chief engineer or council in cases where a dam or reservoir contains serious defects which pose a threat to public safety, life or property. Enforcement orders shall be sent to a dam owner by certified mail or served personally. (2) If an owner does not initiate corrective actions to his/her dam and reservoir within thirty (30) days of the issuance of an enforcement order by the chief engineer or council, the council may request the attorney general or a prosecuting attorney to apply to the circuit court having jurisdiction to enforce compliance. AUTHORITY: sections 236.400, 236.405, 236.410, 236.415, 236.445, and 236.450, RSMo 2016.* Original rule filed June 14, 1984, effective Jan. 1, 1985. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 236.400, RSMo 1979; 236.405, RSMo 1979, amended 1993, 1995; 236.410, RSMo 1979, amended 1992, 2013; 236.415, RSMo 1979, amended 1995; 236.445, RSMo 1979; and 236.450, RSMo 1979.