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(1) If an emergency condition does not exist, the department shall submit the affidavit of complaint to the owner for review and response within a reasonable time set by the department.

(2) If an emergency condition pursuant to ARM 36.14.701 exists, the department shall proceed pursuant to ARM 36.14.703 if the owner fails to immediately act.

(3) Upon review of the affidavit of complaint, owner's response, and all other pertinent department records, the department may conduct or order an inspection. If the department has insufficient data or information, the department shall conduct an inspection.

(4) Prior to the department-ordered inspection, notification must be given to the dam owner and complainant of the date and estimated cost of the inspection.

(a) Within a reasonable time, the owner shall provide all readily available engineering design and performance data to the department or inspector.

(b) The owner shall allow access and operate the dam and its facilities as directed by the inspector or the department for the inspection.

(5) If upon inspection the department finds the dam to be defective, the department shall order the necessary remedial action to eliminate the defect and make the dam, reservoir, or appurtenant works safe. The order must be in writing and delivered to the owner either personally or by certified mail.

(a) Remedial action may include submittal of an engineering design report, plans, and specifications.


History: 85-15-110, MCA; IMP, 85-15-106, 85-15-214, 85-15-215, MCA; NEW, 1988 MAR p. 2489, Eff. 11/24/88; AMD, 2012 MAR p.1844, Eff. 9/21/12.

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