HCS HB 159 -- DAM AND RESERVOIR SAFETY

SPONSOR:  Bivins

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Energy and Environment by a vote of 12 to 0.

This substitute changes the laws regarding dam and reservoir
safety.  In its main provisions, the substitute:

(1)  Revises the definition of "dam" to include appurtenant works
and dams that are 25 feet or more in height with a storage volume
of at least 50 acre-feet of water;

(2)  Defines "high hazard" dams to involve potential loss of
human life and "significant hazard" dams to involve potential
loss of property and infrastructure in the event of failure;

(3)  Exempts any dam or reservoir that will be used for fireclay
quarry reclamation or agricultural purposes from the provisions
of the substitute.  High hazard dams will be subject to
construction permits, operating permits, and registration with
the Department of Natural Resources.  Certain significant hazard
dams with a capacity of holding more than 100 acre-feet of water
will require construction permits.  Certain dams producing less
than 30 megawatts of power that pose no threat of flooding to
state property are exempt from the substitute's requirements;

(4)  Requires all dams not exempted from the provisions of the
substitute to register with the department.  The requirements for
registration are specified in the substitute;

(5)  Adds one member to the Dam and Reservoir Safety Council who
is an owner of a high hazard or significant hazard dam or
reservoir and requires one member of the council to be a
registered geologist or a registered engineer with geological
experience;

(6)  Specifies that all high hazard dams be inspected every three
years, significant hazard dams every five years, and dams
operating under the federal Power Act every year to determine if
they constitute a threat to public safety.  The Chief Engineer of
the Department of Transportation and the head of the Dam and
Reservoir Safety Program at the Department of Natural Resources
must make recommendations concerning construction and operating
permits for high hazard and significant hazard dams;

(7)  Limits the inspection fees to $450 for high hazard dams and
$250 for significant hazard dams.  Fees for dams regulated under
the federal Power Act are specified in the substitute.
Agricultural dams will be exempt from the inspection fees;

(8)  Requires all owners of high hazard or significant hazard
dams to first apply for a construction permit prior to beginning
work on any structure.  The application must include the
signature of a geologist or an experienced engineer registered in
Missouri;

(9)  Requires all owners of high hazard or significant hazard
dams to notify the council upon completion of any construction
and to apply for an operating permit;

(10)  Requires every dam constructed after August 28, 2007, that
is not registered to do so within six months, and those owners of
high hazard and significant hazard dams must apply for an
operating permit no later than August 28, 2008.  Those owners
licensed under the federal Power Act must apply for an operating
permit no later than three months after August 28, 2007;

(11)  Requires the owner of any kind of dam to notify the council
of any change in downstream conditions which effects the hazard
classification;

(12)  Requires an operating permit to be suspended if a high
hazard or significant hazard dam is found to present a threat to
public safety until the owner has completed all necessary
alterations to ensure the protection of public safety;

(13)  Allows the transfer of any operating permit to a successive
owner of a dam or reservoir along with the notification of the
current hazard classification of the dam.  Failure to notify the
council of the transfer will result in the prior owner retaining
responsibility for the dam and being subject to the provisions of
the substitute; and

(14)  Specifies that violations of the provisions of the
substitute relating to construction and operating permits for
high hazard and significant hazard dams will be punishable as a
misdemeanor and subject to a maximum fine of up to $10,000, jail
time of up to one year, or both.

FISCAL NOTE:  No impact on state funds in FY 2008, FY 2009, and
FY 2010.

PROPONENTS:  Supporters say that the bill will help prevent
disasters such as the recent Taum Sauk collapse.  Registered
geologists and professional engineers with geological experience
will be used to help design and construct safe dams.  The bill
regulates dams based on their potential threat to life and
property ensuring that those dams posing the greatest risk are
regulated and inspected.

Testifying for the bill were Representative Bivins; John L.
Boyer, American Institute of Professional Geologists; Department
of Natural Resources; and Missouri Society of Professional
Engineers.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say that quarry dams and
agricultural dams should be regulated in the same manner as all
other dams and a single category should be created for dams that
threaten life or property.  There shouldn't be any regulation of
agricultural dams that do not pose any threat to life and
infrastructure.

Testifying on the bill were Sierra Club; and Missouri Farm
Bureau.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:18 am