HB 1994 -- Dam and Reservoir Safety

Sponsor:  Bivins

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

(1)  Revises the membership of the Dam and Reservoir Safety
Council by requiring a registered geologist with experience on
dam safety to serve in place of an engineering geologist and
requiring that one member be the owner of a regulated high hazard
dam;

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

(3)  Defines "high hazard" as dams where the loss of human life
is probable or expected if the dam were to fail.  High hazard
dams will be regulated with construction and operating permits;

(4)  Requires the owner of a dam to register with the Department
of Natural Resources by providing specified information on the
ownership interests and nature of the dam.  This registration
process will supersede the registration and safety permit process
in effect prior to August 28, 2008.  Owners of dams must register
within six months after August 28, 2008, unless their safety or
registration permit issued prior to that date is still in effect;

(5)  Requires the owner of a high hazard dam to obtain an
operating permit from the department.  Owners of high hazard dams
must apply for an operating permit within one year after
August 28, 2008, or at another time specified by the council.
Owners of dams regulated under the Federal Power Act must apply
for an operating permit no later than three months after
August 28, 2008.  If the classification status of a dam changes,
it will be immediately subject to the requirements of the new
classification.  Ownership transfers must be reported to the
Chief Engineer of the Dam and Reservoir Safety Program within the
department in order to remove the obligations under Chapter 236,
RSMo.  The council is authorized to establish rules concerning
the operation and inspection of high hazard dams;

(6)  Requires high hazard dams to be inspected in order to
receive an operating permit.  Inspection fees will be $450 per
year for high hazard dams.  Agricultural dams, certain dams used
for fireclay quarry reclamation, and any dam providing 30 or less
megawatts of power that emits water fully contained on federal
property with no permanent structures are exempt from the
inspection fees.  The council is authorized to establish
inspection and construction fees for dams licensed under the
Federal Power Act;

(7)  Requires dams regulated under the Federal Power Act to be
inspected yearly and requires 24-hour monitoring of Taum Sauk
Dam.  Other high hazard dams must be inspected at least once
every three years;

(8)  Assesses a permit application review fee of $3,000 or 1% of
the cost of a new high hazard dam constructed after August 28,
2008, and specifies the deadlines for all inspection and
application fees;

(9)  Requires a geologic report to accompany an application for a
construction permit for a high hazard dam;

(10)  Creates the Dam and Reservoir Fee Subaccount in the Natural
Resources Protection Fund for the administration and enforcement
of Chapter 236 for the deposit of moneys from inspection and
construction permits and other sources; and

(11)  Imposes a penalty of between $500 and $10,000, confinement
in the county jail for at least 30 days to not more than one
year, or both for violating the operating permit provisions of
the bill.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm