[§179D-28]  Dams and reservoirs under
construction, enlargement, repair, alteration, or removal before July 6, 2007. 
(a)  Any dam or reservoir that falls within the definitions of a dam or
reservoir in this chapter and which the board finds was under construction, enlargement,
repair, alteration, or removal, and based on its findings not more than ninety
per cent constructed, enlarged, repaired, altered, or removed on July 6, 2007, except
as provided in subsection (b), shall be subject to the same provisions in this section
as a dam or reservoir commenced after that date.  Every owner of a dam or reservoir
subject to this section shall file an application with the board for the board's
written application approval of the plans and specifications for the dam or
reservoir.



(b)  Construction, enlargement, repair,
alteration, or removal work on the dam or reservoir may proceed; provided an
application for approval of the plans and specifications is filed; until:



(1)  An application approval is received by the owner
approving the dam or reservoir; or



(2)  An order is received by the owner specifying how
the construction, enlargement, repair, alteration, or removal must be performed
to render the dam or reservoir safe. 



After receipt of an application approval or order specifying
how construction, enlargement, repair, alteration, or removal of the dam or
reservoir must be performed, work thereafter must be in accordance with the application
approval or order. [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.