[§179D-27]  Dams and reservoirs completedprior to July 6, 2007.  (a)  Every owner of a dam or reservoir that fallswithin the definition of a dam or reservoir in this chapter and was completedprior to July 6, 2007 shall file with the board a separate application for a certificateof approval to impound and any other supporting information as required by theboard for each dam or reservoir.  Each application shall also be accompanied byapplication fees as required by the board.  During the application process fora certificate of approval to impound, the owner or operator of a dam orreservoir may continue to impound water, unless the board determines that thedam or reservoir may pose a danger to the health and safety of persons orproperty.

(b)  The board shall give notice to file anapplication for certificate of approval to impound to owners of dams orreservoirs who have failed to file such applications as required by this chapter.

(c)  The notice provided for in this sectionshall be delivered by certified mail to the owner at the owner's last addressof record in the office of the county tax assessor in which the dam orreservoir is located.  The mailing shall constitute service.

(d)  The board shall make inspections of anydams and reservoirs, unless the data, records, and inspection reports on filewith it are found adequate to enable a determination of whether or not thecertificate of approval to impound should be issued.

(e)  The board shall require owners of the damsand reservoirs to perform at their expense any work or tests as may reasonablybe required to disclose information sufficient to enable the board to determinewhether to issue certificates of approval to impound, or to issue ordersdirecting further work at the owner's expense necessary to safeguard life andproperty.  For this purpose, the board may require an owner or operator tolower the water level of, or to drain, the dam or reservoir.

(f)  If, upon inspection or upon completion tothe satisfaction of the board of all work that may be ordered, the board findsthat the dam and reservoir are safe to impound water, a certificate of approvalto impound shall be issued.  The board may find that the dam or reservoir willnot safely impound water and may refuse to issue a certificate of approval toimpound.  Upon finding that the dam or reservoir is unsafe to impound water,the board shall issue a written notice to the owner.  After receipt of thenotice, the owner shall no longer cause or allow the dam and reservoir toimpound water. [L 2007, c 262, pt of §1]

 

Revision Note

 

  "July 6, 2007" substituted for "effective dateof this Act" and "the effective date of this Act" respectively.