Michigan Compiled Laws 451-1994-iii-1-inland-waters-315 Part 315 Dam Safety (324.31501...324.31529)

• Section 324.31501 Meanings Of Words And Phrases.
  For purposes of this part, the words and phrases defined in sections 31502 to 31505 have the meanings ascribed to them in those sections....
• Section 324.31502 Definitions; A To D.
  (1) “Abandonment” means an affirmative act on the part of an owner to discontinue maintenance or operation of a dam. (2) “Administrative procedures act...
• Section 324.31503 Definitions; E To H.
  (1) “Emergency action plan” means a plan developed by the owner that establishes procedures for notification of the department, public off-site authorities, and other...
• Section 324.31504 Definitions; I To P.
  (1) “Impoundment” means the water held back by a dam. (2) “Low hazard potential dam” means a dam located in an area where failure...
• Section 324.31505 Definitions; R To T.
  (1) “Removal” means the physical elimination of a dam or impoundment. (2) “Repair” means to substantially restore a dam to its original condition and...
• Section 324.31506 Jurisdiction Of Dams And Impoundments; Exemptions.
  (1) Except as otherwise provided in subsections (2) and (3), dams and impoundments in the state are under the jurisdiction of the department. (2)...
• Section 324.31507 Prohibited Conduct; Exception.
  (1) A person shall not construct, enlarge, repair, reconstruct, alter, remove, or abandon any dam except in a manner provided for in this part....
• Section 324.31508 Preparation Of Plans And Specifications; Licensed Professional Engineer Required; Exceptions.
  (1) Except as otherwise provided in subsection (2), a licensed professional engineer shall prepare all plans and specifications, except for minor projects undertaken pursuant...
• Section 324.31509 Activities Requiring Permit; Application For Permit; Fees; Waiver And Disposition Of Fees.
  (1) Except as otherwise provided in this part or as authorized by a permit issued by the department pursuant to part 13, a person...
• Section 324.31510 Request For Notification Of Pending Applications For Permits; Annual Fee; Biweekly List Of Applications; Copies; Contents.
  (1) A person who wants to be notified of pending applications for permits issued under this part may make a written request to the...
• Section 324.31511 Copies Of Application And Statement; Submission; Public Hearing; Notice.
  (1) Upon receipt of an application for a permit under this part, the department shall submit copies of the application accompanied by a statement...
• Section 324.31512 Necessity For Immediate Action; Emergency Conditions; Application For Permit To Reconstruct Failed Dam.
  (1) When immediate action is necessary to protect the structural integrity of a dam, the department may issue a permit before the expiration of...
• Section 324.31513 Minor Project Categories; Rules.
  (1) The department shall promulgate rules to establish minor project categories for alterations and repairs that have minimal effect on the structural integrity of...
• Section 324.31514 Effect Of Proposed Activity On Public Health, Safety, Welfare, Property, Or Natural Resources.
  The department shall not issue a permit to construct a new dam, reconstruct a failed dam for which a complete application to reconstruct has...
• Section 324.31515 Approval Of Plans And Specifications; Completion Of Permitted Activity; Time; Extension; Approval Of Changes; Duration And Renewal Of Permit; Terms And Conditions; Mitigating Measures; Recommendations; Performance Bond; Suspension, Revocation, Annulment, Withdrawal, Recall, Cancellation, Or Amendment Of Permit; Hearings.
  (1) Except as otherwise provided in this section, a permit issued by the department under this part shall require that plans and specifications be...
• Section 324.31516 Spillway Capacity; Minimum Criteria; Freeboard; Auxiliary Spillway; Duty Of Owner.
  (1) Spillway capacity shall meet the following minimum criteria: (a) Low hazard potential dams shall be capable of passing the 100-year flood, or the...
• Section 324.31517 Duties Of Owner; Inspection; Notice Of Final Approval; Notice Of Project Not Completed In Accordance With Plans, Specifications, Or Conditions; Enforcement Action.
  (1) Except for minor projects authorized pursuant to section 31513, the owner shall do both of the following: (a) Within 10 days after the...
• Section 324.31518 Inspection Reports; Determination Of Hazard Potential Classification; Inspection Schedule; Notice; Additional Inspection Reports; Contents Of Inspection Report; Visual Inspection And Report; Detailed Investigation Or Evaluation; Life Or Property Threatened By Breach Of Dam; Cause Of Action; Ordering Actions To Alleviate Danger.
  (1) An owner shall submit to the department inspection reports prepared by a licensed professional engineer that evaluate the condition of the dam. The...
• Section 324.31519 Order To Limit Dam Operations; Order To Remove Dam; Hearing.
  (1) Where significant damage to the public health, safety, welfare, property, and natural resources or the public trust in those natural resources or damage...
• Section 324.31520 Sudden Or Unprecedented Flood; Unusual Or Alarming Circumstance Or Occurrence; Emergency Drawdowns, Repairs, Breaching, Or Other Action; Notice.
  (1) The owner or his or her agent shall advise the department and the affected off-site public authorities and safety agencies of any sudden...
• Section 324.31521 Emergency Orders.
  (1) The department may issue emergency orders as provided in this section. The department may, by written notice, order an owner to immediately repair,...
• Section 324.31522 Structural Integrity And Operation Of Dam; Investigations And Studies.
  The department may make, or cause to be made, hydrologic or other investigations and studies as may be required to facilitate its decisions regarding...
• Section 324.31523 Emergency Action Plans; Submissions; Review; Consistency With Other Plans; Contents Of Plans.
  (1) An owner shall prepare, and keep current, emergency action plans for all high and significant hazard potential dams owned by that person. (2)...
• Section 324.31524 Violation; Order; Suspension, Modification, Or Revocation Of Permit; Remedies Cumulative; Civil Action.
  (1) If the department determines that a person is in violation of this part, a rule promulgated under this part, or a condition set...
• Section 324.31525 Commencement Of Civil Action; Request; Place; Civil Fine; Contempt; Willful Or Reckless Violation As Misdemeanor; Penalty; Subsequent Violations; Fine For Failure To Obtain Permit; Restoration Of Site; Schedule Of Administrative Monetary Penalties For Minor Violations.
  (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief, upon request of the department under section 31524. (2)...
• Section 324.31526 Person Aggrieved By Action Or Inaction Of Department; Hearing; Determination; Judicial Review.
  (1) A person aggrieved by any action or inaction of the department under this part or rules promulgated under this part may request a...
• Section 324.31527 Entering Private Or Public Property; Time; Purpose.
  The department may enter in or upon any private or public property anytime where the public safety may be in danger and at all...
• Section 324.31528 Rules.
  The department shall promulgate rules as necessary to implement and enforce this part. History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 Popular...
• Section 324.31529 Construction Of Part.
  (1) This part does not abrogate requirements of parts 31, 91, 301, 303, 305, 307, and 483 or other applicable law. (2) This part...

Last modified: October 10, 2016