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77 <br />MINNESOTA RULES 6115.0410 <br />6115.0390 TERMINATION OF OPERATIONS AND PERPETUAL MAINTENANCE. <br />Subpart 1. Owner's duty. Unless the dam is removed, the owner shall perpetually maintain <br />the dam and appurtenances so as to ensure the integrity of the structure. <br />Subp. 2. Financial responsibility. The commissioner may impose such requirements as may <br />be necessary prior to the ultimate termination of the owner's operation to ensure that the owner will <br />be financially responsible for carrying out the activities required for perpetual maintenance, and <br />that adequate funding will exist. <br />Subp. 3. Plans for termination. In respect to dams utilized for waste disposal, the owner shall <br />prepare and submit to the commissioner plans for termination of operations and perpetual <br />maintenance which will address the owner's plans for both an unanticipated or premature termination <br />of operations and for the ultimate intended termination of operations. The plans for termination of <br />operations and perpetual maintenance shall, at a minimum, address the following issues, where <br />applicable: <br />A. perpetual maintenance and safety of the dam including adequate monitoring programs; <br />B. disposal and treatment of ponded and channeled waters; <br />C. monitoring and mitigation of surface water and groundwater pollution; <br />D. silt, sedimentation, and erosion control; and <br />E. vegetation and landscaping. <br />Statutory Authority: MS s 105.535 <br />Published Electronically: June 11, 2008 <br />6115.0400 REPORTS TO LEGISLATURE ON PUBLICLY OWNED DAMS. <br />As required by Laws of Minnesota 1978, chapter 779, section 7 (Minnesota Statutes, section <br />103G.511), the commissioner shall make an annual report to the legislature on the status of dams <br />owned by the state or local governmental units which shall include recommendations for action <br />including any requests for state share or matching funds for grants-in-aid to local governments. <br />Statutory Authority: MS s 103 G. 515; 103 G. 531; 105.535 <br />Published Electronically: June 11, 2008 <br />6115.0410 NEW DAMS OR ENLARGEMENTS. <br />Subpart 1. Waivers for Class III dams. For Class III dams which are sponsored by a <br />governmental agency which will be responsible for operation and maintenance or for which the <br />design, construction supervision, and inspection is performed by a federal agency, the commissioner <br />may waive certain details of the required submittals, provided that the federal agency will furnish <br />the commissioner with adequate facts on the design and construction inspection to allow the <br />commissioner to adequately evaluate the permit and approvals. <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />