236.465. Industrial water retention structures subject to provisions of sections 236.400 to 236.500--inspection--changes. - Missouri Statutes

Industrial water retention structures subject to provisionsof sections 236.400 to 236.500--inspection--changes.

236.465. Irrespective of any other provisions of sections236.400 to 236.500, the following provisions shall apply to theconstruction, alteration or enlargement of tailing, slime andsettling ponds and to other similar industrial water retentionstructures included within the definitions of dam or reservoir insection 236.400:

(1) Applications for construction, safety or registrationpermits shall be submitted as provided in section 236.435 andsection 236.440 except that design plans and specifications whichoutline any anticipated enlargement of the industrial waterretention structure shall be included;

(2) It shall not be necessary to reapply for a permit eachtime the structure is enlarged if the enlargement plans have beensubmitted in and approved with the original application, and theprovisions of subdivision (3) of this section have beensatisfied;

(3) Upon notification of the chief engineer, bearing theseal and signature of an experienced professional engineer, thatthe initial phase of construction has been completed inaccordance with the provisions of the construction permit andsections 236.400 to 236.500, or if a registration permit has beenissued as provided in subdivision (1) of this section, and beforeany enlargement is begun, and if no violation of sections 236.400to 236.500 can be shown, a safety permit or a registration permitwith special provisions that authorize the planned enlargement tothe initially constructed structure shall be issued, onapplication, if enlargement plans were included and approved inthe original application;

(4) It is not necessary to retain continuously aprofessional engineer after the initial stage of construction;

(5) The dam shall be inspected by an experiencedprofessional engineer registered in the state of Missouri asrequired to renew the safety permit or registration permit atfive-year intervals unless safety of the public, life andproperty require a shorter period of time;

(6) The chief engineer shall make inspections of thesestructures as necessary to insure adequate protection for publicsafety, life and property;

(7) Where it is shown that a tailings, slime and settlingpond, or other similar water retention structure is subject toinspection for safety, using standards at least as stringent asthose required under sections 236.400 to 236.500, by a federal orstate agency and the owner notifies the council that thestructure is subject to such inspection, such structures shall beexempt from the provisions of sections 236.400 to 236.500.

(L. 1979 H.B. 603 § 14)