Kan. Admin. Regs. § 5-40-73a - Discovery of an existing illegal, unpermitted dam

(a) Except when it is necessary to take additional actions to protect the public safety, when the chief engineer becomes aware of an existing illegal, unpermitted dam, the following actions shall be taken by the chief engineer:

(1) Determine the hazard classification and condition of the dam;

(2) notify the owner of the dam of the following, in writing:

(A) The fact that the dam is illegal and unpermitted;

(B) the hazard classification of the dam;

(C) the fact that if the owner desires to keep the dam in existence, the owner shall submit a complete application for a permit for the dam pursuant to K.S.A. 82a-301 and K.S.A. 82a-302, and amendments thereto, within 120 days of the date of the chief engineer's notification;

(D) the condition that the application to obtain a permit for the dam shall meet the requirements of K.A.R. 5-40-8 and K.A.R. 5-40-74;

(E) the fact that failure to apply for a permit within 120 days shall result in the issuance of an order by the chief engineer requiring the owner to submit plans to breach or completely remove the dam; and

(F) the fact that the dam is subject to the provisions of this regulation.

(b)

(1) If the owner submits an application for a permit within the time specified in paragraph (a)(2)(C), or within any extension of time authorized by the chief engineer in writing, the application shall meet the requirements of K.A.R. 5-40-8 and K.A.R. 5-40-74.

(2) If the owner fails to submit an application for a permit within the time specified in paragraph (a)(2)(C), or within any extension of time authorized by the chief engineer, an order requiring the owner to perform the following shall be issued by the chief engineer:

(A) Submit plans to breach or completely remove the dam; and

(B) bypass inflows and release water from storage so that no more than 15 acre-feet of water is kept in storage in the reservoir while the application for a permit to breach or completely remove the dam is being processed. The application for a permit shall contain all of the information required by K.A.R. 5-40-8 and any other information necessary to properly and safely design and complete the breach or removal. The application shall be submitted within 120 days of the date of the order, or within any extension of time authorized by the chief engineer. The owner shall be required to complete the breach or removal as permitted by the chief engineer within one year of the approval of a permit by the chief engineer, or any extension of time authorized by the chief engineer in writing.

(c) If the chief engineer dismisses an application for an existing illegal, unpermitted dam for any reason, the dismissal of the application shall be accompanied with an order requiring the dam to be breached or removed as provided in paragraph (b)(2).

(d) The order described in paragraph (b)(2) shall be filed by the chief engineer with the register of deeds for the county in which the dam is located.

(e) Each existing illegal, unpermitted dam of which the chief engineer becomes aware, either before or after the adoption of this regulation, shall be subject to this regulation.

Notes

Kan. Admin. Regs. § 5-40-73a

Authorized by K.S.A. 2006 Supp. 82a-303a; implementing K.S.A. 2006 Supp. 82a-301, 82a-302, and 82a-303a; effective May 18, 2007.