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

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

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

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

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