236.425. Chief engineer's duties--search warrants--council to hear certain appeals. - Missouri Statutes

Chief engineer's duties--search warrants--council to hearcertain appeals.

236.425. 1. The chief engineer shall administer theprovisions of sections 236.400 to 236.500 by:

(1) Recommending general technological guidelines thatpertain to the design, construction, maintenance, operation, use,alteration, repair, enlargement, reduction, or natural physicalchanges of, or that may occur to, a dam or reservoir includingtheir removal; except that, detailed technical specificationsshall not be promulgated to regulate the design, construction,operation, maintenance, use, alteration, repair or removal of adam or reservoir. Such guidelines shall not be effective untiladopted by the council and approved by the director at a publicmeeting, after notice requirements set forth in subsection 1 ofsection 236.415 herein have been satisfied;

(2) Making* recommendations concerning the issuing,continuing in effect, revoking, modifying, suspending, ordenying, under such conditions as prescribed by sections 236.400to 236.500 and such rules as may be adopted to protect publicsafety, life, property, dams and reservoirs, construction permitsfor the construction, alteration, enlargement, reduction, repairor removal of dams or appurtenances thereto, and safety andregistration permits to insure continuing protection of publicsafety, life, property, dams and reservoirs, for all dams subjectto the provisions of sections 236.400 to 236.500;

(3) Making such investigations, including hearings, as areproper to protect public safety, life and property from an unsafedam or reservoir, and to determine whether any permits should beissued, continued, revoked, modified, suspended, or denied orwhether any violations of sections 236.400 to 236.500, standards,or rules or regulations have occurred or are occurring;

(4) Entering, at any reasonable time, any private or publicpremises as necessary to make an investigation or inspection of adam or reservoir, or records kept, pertaining thereto, and suchinspection shall follow reasonable notice to the owner givenprior to such investigation or inspection except in the case ofan emergency threatening public safety, life or property, inwhich case such inspection or investigation may be made withoutprior notice. A suitably restricted search warrant, upon ashowing of probable cause in writing and upon oath, shall beissued by any judge having jurisdiction, to the chief engineer orhis representative for the purpose of enabling him to make theinspection.

2. The council shall meet with or hear the appeal of apermit applicant and his representative upon request of thepermit applicant if the chief engineer has rejected theapplication for a construction, safety or registration permit.

(L. 1979 H.B. 603 § 6)

*Words "To make" appear in original rolls.