11 Miss. Code. R. 7-3.8 - Compliance and Enforcement

A. If MDEQ or the Commission determines that:

(1) A dam was constructed without obtaining required prior authorization from the Permit Board;

(2) A dam was not constructed in accordance with the plans and specifications upon which MDEQ based its authorization;

(3) The dam may not provide adequate safety for lives and property;

(4) The dam may adversely affect riparian or other beneficial water uses, or plans for the proper utilization of the water resources of the state; or

(5) The owner and/or operator of the dam has allowed the dam to deteriorate and remain in an unsafe condition after having been ordered to make the necessary repairs or modifications.

MDEQ or the Commission may:

(a) cause the dam to be removed or breached;

(b) require the owner and/or operator to take remedial action;

(c) revoke or modify any authorization pertaining thereto; or

(d) take other action the Commission deems appropriate, within its jurisdiction.

B. Enforcement of this regulation shall be governed by Miss. Code Ann. Sections 49-17-31, 49-17-33, 49-17-35, 49-17-37, 49-17-41, and Sections 51-3-49, 51-3-51, and 51-3-55.

Notes

11 Miss. Code. R. 7-3.8

Miss. Code Ann. §§ 51-3-1, et seq., 49-2-1, et seq. and 49-17-1, et seq.

Amended 7/13/2018