Agenda - Council Work Session - 02/23/2021

Home

6115.0360 MINNESOTA RULES 76 Subp. 3. Timing. Subject to the availability of staff and funds: A. The commissioner shall make initial inspections of all Class I, II, and III dams as soon as reasonably possible based on the degree of hazard involved. B. After the initial detailed inspections, the commissioner shall make periodic inspections of dams based on the following schedule: Class I dams, at least one time every year; Class II dams, at least one time every four years; and Class III dams, at least one time every eight years. The commissioner shall utilize the services of governmental agencies to the maximum extent feasible to provide for periodic inspections. Subp. 4. Reports on inspections. Upon completion of each inspection, the commissioner shall notify the owner of the dam, in writing, of the results of the inspection and if the dam needs corrective action, the commissioner shall order such action. Statutory Authority: MS s 103 G. 515; 105.535 History: 25 SR 1916 Published Electronically: June 11, 2008 6115.0370 TRANSFER OF DAM OWNERSHIP. The owner shall not transfer the ownership of any Class I or II dam without a permit from the commissioner. For Class III dams, the owner, or the party to whom a dam is transferred, shall apply to the commissioner for a permit for the transfer of ownership within 30 days after the ownership changes. Permits shall be issued based on evaluation of the hazard class, the conditions, and the financial capabilities of the transferee. No state agency or political subdivision may purchase or accept as a gift any privately owned dam subject to department permit requirements until after compliance with the commissioner and legislative action provided in Minnesota Statutes, section 103G.525. Statutory Authority: MS s 103 G. 515; 103 G. 531; 105.535 Published Electronically: June 11, 2008 6115.0380 OPERATION AND MAINTENANCE. Subpart 1. Responsibilities. The owner shall operate and maintain the dam. Regulation of maintenance and operation for public health, safety, and welfare is vested with the commissioner. Subp. 2. Reports and records. Owners may be required to keep records and report on maintenance, operation, staffing, and engineering and geologic investigations and any other data necessary to protect the public health, safety, and welfare. In addition, the owner shall fully and promptly advise the commissioner of any unusual or alarming circumstance or occurrence affecting the dam. Statutory Authority: MS s 105.535 Published Electronically: June 11, 2008 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.