236.445. Permit may be suspended--alteration or removal may be required--violation. - Missouri Statutes

Permit may be suspended--alteration or removal may berequired--violation.

236.445. 1. If it is found that a dam or reservoir presentsa threat to public safety, life or property, or that the safetyof the dam or reservoir is threatened, the permit for the dam orreservoir shall be suspended and shall be reinstated only whenthe owner at his expense has completed the necessary alterationor has established such operational procedures as the councilupon hearing the recommendations of the chief engineer deemsnecessary for protection of the public safety, life, property,the dam or reservoir. If necessary for such protection, thecouncil may require the owner at his expense to remove the dam orreservoir, or if the owner refuses or neglects to act, the statemay alter or remove the dam or reservoir, and the chief engineermay recover the costs of such action as provided in section236.450.

2. If the owner refuses to alter or remove a dam orreservoir as directed when found to be a threat as set forth insections 236.400 to 236.500, he shall be in violation of sections236.400 to 236.500 and the permit requirements hereunder, andsuch action shall subject the owner to the enforcement provisionscontained herein and revocation of the permit.

(L. 1979 H.B. 603 § 10)