Effective - 28 Aug 1979
236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500 — inspection — changes. — Irrespective of any other provisions of sections 236.400 to 236.500, the following provisions shall apply to the construction, alteration or enlargement of tailing, slime and settling ponds and to other similar industrial water retention structures included within the definitions of dam or reservoir in section 236.400:
(1) Applications for construction, safety or registration permits shall be submitted as provided in section 236.435 and section 236.440 except that design plans and specifications which outline any anticipated enlargement of the industrial water retention structure shall be included;
(2) It shall not be necessary to reapply for a permit each time the structure is enlarged if the enlargement plans have been submitted in and approved with the original application, and the provisions of subdivision (3) of this section have been satisfied;
(3) Upon notification of the chief engineer, bearing the seal and signature of an experienced professional engineer, that the initial phase of construction has been completed in accordance with the provisions of the construction permit and sections 236.400 to 236.500, or if a registration permit has been issued as provided in subdivision (1) of this section, and before any enlargement is begun, and if no violation of sections 236.400 to 236.500 can be shown, a safety permit or a registration permit with special provisions that authorize the planned enlargement to the initially constructed structure shall be issued, on application, if enlargement plans were included and approved in the original application;
(4) It is not necessary to retain continuously a professional engineer after the initial stage of construction;
(5) The dam shall be inspected by an experienced professional engineer registered in the state of Missouri as required to renew the safety permit or registration permit at five-year intervals unless safety of the public, life and property require a shorter period of time;
(6) The chief engineer shall make inspections of these structures as necessary to insure adequate protection for public safety, life and property;
(7) Where it is shown that a tailings, slime and settling pond, or other similar water retention structure is subject to inspection for safety, using standards at least as stringent as those required under sections 236.400 to 236.500, by a federal or state agency and the owner notifies the council that the structure is subject to such inspection, such structures shall be exempt from the provisions of sections 236.400 to 236.500.
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(L. 1979 H.B. 603 § 14)
Structure Missouri Revised Statutes
Title XIV - Roads and Waterways
Chapter 236 - Dams, Mills and Electric Power
Section 236.010 - Dams across nonnavigable streams — who may erect.
Section 236.020 - Owner of land on one side of stream may erect dam.
Section 236.030 - Petition to be filed in circuit court — contents.
Section 236.040 - Additional information to be set out.
Section 236.050 - Petition, where filed.
Section 236.060 - Writ of ad quod damnum.
Section 236.070 - Duty of sheriff in executing writ.
Section 236.080 - Acre of ground to be set apart, when.
Section 236.090 - Proprietor to be notified of the inquest.
Section 236.100 - Sheriff and jury may act in adjoining county.
Section 236.110 - Inquest to be in writing.
Section 236.120 - Proceedings on return of inquest.
Section 236.130 - Issues to be tried as in civil cases.
Section 236.140 - Costs, how adjudged.
Section 236.150 - Court may order new writ.
Section 236.160 - Court may enter order to erect dam, when.
Section 236.170 - Court shall include in its order, what.
Section 236.180 - Privilege to erect subject to certain conditions.
Section 236.190 - Land decreed for mill privileges to revert, when.
Section 236.200 - Height of dam, how increased.
Section 236.210 - Inquest not to bar right of action, when.
Section 236.220 - Power of court to prevent erection of dam.
Section 236.230 - Dams without chutes declared nuisances.
Section 236.240 - Dams deemed public nuisances, when.
Section 236.250 - Forfeiture of rights, when.
Section 236.255 - Dam reconstructed and maintained when used for other purposes.
Section 236.260 - Privilege to construct dam to cease, when.
Section 236.270 - Penalty for building without permission.
Section 236.280 - Right to divert stream through tunnel — conditions.
Section 236.400 - Definitions.
Section 236.405 - Employment of engineer and assistants — records — rulemaking, procedure.
Section 236.420 - Inspection of dams and reservoirs, when — report on conditions.
Section 236.425 - Chief engineer's duties — search warrants — council to hear certain appeals.
Section 236.430 - Employees, council to provide for.
Section 236.445 - Permit may be suspended — alteration or removal may be required — violation.
Section 236.450 - Removal or repair of abandoned dam — recovery of expenses.
Section 236.455 - Emergency action authorized.
Section 236.460 - Transfer of ownership, notice required.
Section 236.470 - Conduct of hearings — subpoenas — approval of final orders.
Section 236.475 - Immunity of officers.
Section 236.485 - Water rights preserved.
Section 236.490 - Enforcement of act.
Section 236.495 - Legal actions for enforcement available, procedure.