Agenda - Council Work Session - 02/23/2021

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6115.0410 MINNESOTA RULES 82 required, the commissioner shall notify the owner by certified mail of the amount within 15 days including notice that permittee may appear within 60 days thereafter to protest the amount of the fee, in whole or in part and the sufficiency of the appraisal upon which such determination was based. Subp. 12. Issuance of impoundment approval. Impoundment approvals may be necessary for Class I and Class II dams to allow adequate time for inspection before actual impoundment begins. The type, location, hazard involved, and the purpose served by the dam will be considered in respect to the degree and nature of impoundment approval needed. Certain waste disposal dams which will not be constructed to maximum storage elevation in five years will require a series of impoundment approvals for various stages of construction. Pending issuance of an impoundment approval (or reissuance in the event of termination) where required the owner of the dam shall not, through action or inaction, allow an impoundment. The impoundment approval shall contain such terms and conditions as the commissioner may prescribe. The commissioner may also revoke or amend the terms and conditions of any approval. Subp. 13. Performance reports. The permittee may be required in the case of complex or hazardous dams to submit yearly a performance report detailing the instrumentation data and analysis and interpretation of these data as they relate to the safety of the dam and design assumptions. The frequency of submission may be modified if field conditions so dictate. Statutory Authority: MS s 105.535 History: 17 SR 1279; L 2003 c 112 art 2 s 50; L 2009 c 101 art 2 s 109 Published Electronically: August 7, 2009 6115.0420 LEGAL CLAIMS. Any permit shall be permissive only and shall not be construed as estopping or limiting any legal claims of persons other than the state against the permittee, or as estopping or limiting any legal claims of the state against the permittee for violation of any of the terms or conditions of the permit. Statutory Authority: MS s 105.535 Published Electronically: June 11, 2008 6115.0430 LIABILITY OF OWNER AND PERMITTEE. Nothing in these parts shall be construed to relieve an owner of a dam or permittee of the legal duties, obligations, or liabilities incident to the ownership or operation of 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.