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



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



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



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



(e)  The board shall require owners of the dams
and reservoirs to perform at their expense any work or tests as may reasonably
be required to disclose information sufficient to enable the board to determine
whether to issue certificates of approval to impound, or to issue orders
directing further work at the owner's expense necessary to safeguard life and
property.  For this purpose, the board may require an owner or operator to
lower the water level of, or to drain, the dam or reservoir.



(f)  If, upon inspection or upon completion to
the satisfaction of the board of all work that may be ordered, the board finds
that the dam and reservoir are safe to impound water, a certificate of approval
to impound shall be issued.  The board may find that the dam or reservoir will
not safely impound water and may refuse to issue a certificate of approval to
impound.  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 the
notice, the owner shall no longer cause or allow the dam and reservoir to
impound water. [L 2007, c 262, pt of §1]



 



Revision Note



 



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