Kan. Admin. Regs. § 5-40-76 - Repair or modification of a permitted or prejurisdictional dam
(a) The repair
or modification of a permitted or prejurisdictional dam shall meet the
requirements of both of the following:
(1)
The statutes and the regulations in effect when the application for repair or
modification is filed; and
(2) any
additional criteria specified by the chief engineer that are necessary to
ensure the integrity of the dam and its appurtenances.
(b) At the time of the repair or
modification, the applicant shall bring the dam and all of its appurtenances
into conformance with the requirements of the statutes and regulations in
effect at the time of the application for repair or modification, unless both
of the following conditions are met:
(1) The
applicant demonstrates that bringing any feature of the dam and its
appurtenances into compliance is not feasible or is unduly burdensome.
(2) The chief engineer determines
that failing to bring any feature of the dam into compliance with one or more
requirements applicable to that feature will not significantly affect the
public safety.
(c) Each
application to repair or modify a dam or its appurtenances shall include a
design report on the repair or modification, including a section describing the
condition of the dam at the time of the application.
Notes
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