The act creates two hazard classifications for dams and reservoirs: high hazard and low hazard. The act limits the permitting and inspection requirements to high hazard dams.

The act modifies the definition of a dam to include only those dams that are at least twenty-five feet in height that can impound at least fifty acre-feet of water.

The act removes any reference to a registration or safety permit as required by the dam and reservoir safety council and instead requires the council to issue operating permits. An operating permit may be issued to the owner of a high hazard dam for a period up to five years indicating the dam meets all the statutory and regulatory requirements of this act and is adequately operated and maintained so as to protect public safety.

Currently, two of the seven members of the dam and reservoir safety council must be an engineering geologist and an owner of a dam or reservoir, respectively. The act removes the engineering requirement for the geologist, requires the geologist to be registered in the state and have professional experience relating to dam safety, and requires the dam or reservoir owner to own a high hazard dam or reservoir.

The inspection fee for dams not licensed and operated under the Federal Power Act shall be $450 per year for high hazard dams. A permit application review fee shall also be assessed on high hazard dams constructed after August 28, 2007, which shall be the lesser of either $3,000 or 1% of the total cost of construction. The Council shall establish the fees for dams licensed and operated under the Federal Power Act. Agricultural dams are exempt from the inspection fee. The Taum Sauk dam shall be continuously monitored 24 hours a day by an operator.

High hazard dams shall be inspected at least every three years and dams licensed and operated under the Federal Power Act shall be inspected yearly.

The act removes language currently restricting the Department of Natural Resources from promulgating detailed technical specifications regarding design, construction, operation, maintenance, use, alteration, repair, or removal of a dam or reservoir.

Currently, applications for a construction permit require the seal and signature of either a professional engineer registered in Missouri or employed by certain state or federal agencies. This act requires that the application can only be signed by a professional engineer registered in Missouri. A geologic report shall accompany a construction permit application. The act also removes language exempting dams from certain construction permit requirements if they were constructed and monitored by a qualified engineer working in dam construction for soil and water conservation, irrigation, or wildlife conservation.

Dams and reservoirs with lake surface areas of ten acres or less at the water storage elevation that will be used primarily for fireclay quarry reclamation are exempt from the act. Any dam or reservoir that provides 30 megawatts or less whose stored water would be contained on federal property in the event of a failure is exempt from the act.

The act includes timeframes for compliance with its provisions. Owners of all existing dams at the time of the act's effective date without a registration or safety permit must register with the Department of Natural Resources within six months. Owners of high hazard dams shall apply for an operating permit within one year of the act's effective date and owners of dams or reservoirs licensed and operated under the Federal Power Act shall apply for an operating permit within three months of the act's effective date.

The act adds a requirement that an owner of a barrier or water impoundment that becomes a dam or reservoir shall register the new dam or reservoir with the council immediately. Additionally, if downstream conditions change the hazard classification of any existing dam or reservoir, the dam shall immediately be subject to the regulations for the new classification.

Upon change of ownership, notification of the dam’s current hazard classification transfers to the new owner along with the construction and operating permits. Failure to notify the Department of Natural Resources of a change in ownership will result in the previous owner being held responsible for meeting the statutory and regulatory requirements for the dam. If the previous owner is a dissolved or bankrupted corporation, its former officers, directors, and stockholders shall be responsible.

This act is similar to SCS/SB 157 (2007) and the perfected SB 1236 (2006).

ERIKA JAQUES