36.14.312 NOTICE, ORDER, AND REVOCATION FOR NONCOMPLIANCE
(1) If at any time during construction of
any dam or reservoir the department finds that the work is not being done in
accordance with the provisions of the permit, including revisions, it shall
give a written notice and order by certified mail or by personal service to the
(2) The notice and order must state the particulars in which the permit is not being or has not been complied with and
shall order the immediate compliance.
(3) The department may order that no further work be done
until evidence of compliance has been submitted to the department.
(4) If a permittee fails to comply with the
permit after receipt of a notice, the permit is deemed canceled, and all rights
acquired under the permit are forfeited.
(5) If, after any inspections,
investigations, or examinations, or at any time as the work progresses, it is
found by the department that amendments, modifications, or changes are
necessary to ensure safety, the department may order the owner to revise the
plans and specifications.
(6) If, after any inspections,
investigations, or examinations, or at any time as the work progresses,
conditions are discovered that will not permit the construction of a safe dam
or reservoir, the department shall cancel the permit.
History: Sec. 85-15-110, 85-15-211, 85-15-216, MCA; IMP, Sec. 85-15-210, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88.