DEPARTMENT OF ENVIRONMENTAL QUALITY

LAND AND WATER MANAGEMENT

DAM SAFETY

(By authority conferred on the department of natural resources by section 57 of Act No.

300 of the Public Acts of 1989, being §281.1357 of the Michigan Compiled

Laws)

R 281.1301 Definitions.

Rule 1. (1) As used in these rules, "Act" means Act No. 300 of the Public Acts of

1989, being §281.1301 et seq. of the Michigan Compiled Laws.

(2) Terms defined in the act have the same meanings when used in these rules.

History: 1993 AACS.

R 281.1302 Permit applications and procedures.

Rule 2. (1) An application for a permit for a proposed project shall be made on a form

that is prescribed and provided by the department. The application form shall be

the same form that is used for other department-administered statutes that require

permits at the land-water interface. Application forms may be obtained from the

land and water management division or from any district or regional office of

the department.

(2) An application fee for a permit to repair, alter, remove, or abandon a dam shall be

submitted with the application form. Submission of an application fee for a permit

to construct, reconstruct, or enlarge

a

dam may be deferred until plans and

specifications are submitted. The fee for enlargement of a dam that is part of a mine

tailings basin system shall be based on the height of the new embankment section as

measured by the vertical distance from the lowest point of the embankment crest to

the lowest tailings foundation elevation. The fee shall be paid by check, money

order, or draft made payable to: "State of Michigan".

(3) When the proposed project includes related multiple impoundments, an applicant

may apply for a single permit, but an appropriate fee shall be required for each

impoundment.

(4) An application for a permit to construct a new dam, enlarge an existing dam, or

reconstruct a failed dam shall be reviewed by the department in a 2-step process.

The first step shall be a review of the conceptual plans to determine if the

proposed project may have a significant adverse effect on public health, safety,

welfare, property, or natural resources or the public trust in those natural resources.

The second step shall be the review of plans and specifications to determine if the

engineering design is acceptable.

(5) An application for a permit to construct a new dam, enlarge an existing dam, or

reconstruct a failed dam shall include all of the following:

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(a) A description and evaluation of the loss of natural resources that are associated

with the project.

(b) A description of the natural resources that are associated with or created by the

impoundment and how they offset the natural resources lost by the creation of the

impoundment.

(c) The project assessment required pursuant to the provisions of R 281.1304.

However, an assessment is not required for a permit to enlarge an existing dam when the

purpose of the impoundment will remain the same as the original impoundment and

the surface area of the impoundment will be increased by 10% or less.

(d) Conceptual plans that are adequate to evaluate the project's impacts on public health,

safety, welfare, property, or natural resources or the public trust in those natural

resources. Conceptual plans shall include, at a minimum, all of the following:

(i) A site plan that shows all of the following:

(A) The location of the dam.

(B) The existing stream channel.

(C) The normal shoreline of the proposed impoundment.

(D) Property lines.

(E) Dimensions or proper scale.

(ii) Transverse and longitudinal cross-sections through the dam that show all of the

following:

(A) The spillway or spillways.

(B) Upstream and downstream water levels.

(C) The stream channel bottom.

(iii) The location of all occupied dwellings within 1/4 of a mile of the proposed

impoundment if the dam is new or if the impoundment elevation is changed. Projects

that do not propose an impoundment elevation change

requirement.

are excluded from this

(iv) Ingress and egress routes for construction activities.

(6) The first step of the review shall commence once the department has received all

of the following:

(a) The application form with all necessary information filled in.

(b) All additional information requested by the department that is required to

evaluate the proposed activity's effects on the public health, safety, welfare, property, or

natural resources or the public trust in those natural resources. Requests by the

department for additional information shall be made in writing.

(c) All appropriate application fees, except as noted in subrule (2) of this rule.

(d) The assessment described in R 281.1304 when required pursuant to the provisions

of subrules (5) and (7) of this rule.

(e) Conceptual plans for the project as described in this subrule and subrules (5),

(7),and (8) of this rule.

Engineering plans and specifications are not required for the department to complete the

first step of the review.

(7) An application for a permit to abandon or remove a dam shall include all of the

following:

(a) A site plan that shows all of the following:

(i) The location of the dam.

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(ii) The impoundment.

(iii) The existing stream channel.

(iv) The proposed location of the stream channel.

(b) A description of the method to be employed in removing or abandoning the dam.

(c) An evaluation of the capacity of the remaining structure to pass flood flows after

the proposed work is completed, including hydraulic computations to support the

evaluation.

(d) An evaluation of the quantity and quality characteristics of the sediments that have

accumulated in the dam impoundment.

(e) A description of the methods to be employed to control sediments during and

after removing or abandoning the dam.

(f) The project assessment required pursuant to the provisions of R 281.1304.

(8) An application for a permit to repair or alter a dam shall include both of the

following:

(a) A description of the proposed work, including the volumes of materials to be

dredged or filled.

(b) Engineering plans and specifications for the proposed work.

(9) After receipt of an application, the department may request, in writing, from the

applicant, such additional information, assessment, design calculations, records, or

documents as are determined to be necessary to evaluate the proposed project.

(10) Based in part on the information provided by the applicant and in part on

comments received by the department during the 20-day comment period as

provided by section 23 of the act, the department shall conduct the first step of the

review to determine the effects of the proposed project on public health, safety,

welfare, property, or natural resources or the public trust in those natural resources and

riparian rights. The department shall make 1 of the following determinations:

(a) The proposed activity is permitable as submitted.

(b) The proposed activity is permitable if certain described modifications are made.

(c) The proposed activity is not permitable and cannot be modified to result in the

granting of a permit.

(11) An application for a permit shall not be considered complete

until the

assessment required in R 281.1304 has been completed and the department has

received all of the following:

(a) All information that is requested on the application form.

(b) Any other information that is required by written notice from the department.

(c) The application fee, unless the fee is deferrable pursuant to the provisions of

subrule (2) of this rule.

(d) Acceptable conceptual plans and specifications. The department shall grant or deny

a permit within 60 days after the submission of a complete application or within

120 days after the submission of a complete application if a public hearing is held.

(12) An application shall be considered to be withdrawn and the file for the

application shall be closed if an applicant fails to respond to any written inquiry or

request from the department within 30 days of the request. If the applicant cannot

provide the specific information that the department requests within the 30-day period,

the applicant may keep the application open by advising the department, in writing,

within the 30-day period, of when the information can be submitted. The applicant's

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proposed deadline shall be reasonable. If the information is not provided by the

applicant's deadline, the application shall then be closed.

(13) The department shall advise an applicant of its determination. If an activity is

permitable as submitted or is permitable if modified, the department shall then

review engineering plans and specifications. If the department has not yet received

required application fees or engineering plans and specifications, the department shall

request the fees or plans and specifications at the time an applicant is advised of the

department's determination.

(14) When the department determines that engineering plans and specifications

are acceptable, a permit shall be issued or, if a permit has already been issued, the

applicant shall be notified, in writing, that plans and specifications are acceptable and

the project may commence. If the engineering plans and specifications are

determined to be unacceptable, the department shall advise the applicant of why the

plans and specifications are unacceptable and provide a concise written statement

explaining how the plans and specifications may be corrected.

History: 1993 AACS.

R 281.1303 Permit conditions.

Rule 3. (1) A permit shall provide that the work authorized by the permit shall be

completed within a specified time period, which shall not be more than 2 years after the

date that the permit is issued. Extensions of time of up to 2 years each may be granted

by the department for good cause shown by the applicant. An administrative fee shall

not be required for an application for extensions of time.

(2) A permit does not obviate the necessity of receiving approval from the United

States army corps of engineers, when applicable, the state department of public

health, or a local unit of government, when applicable, including a local unit of

government that is responsible for administering the provisions of Act No. 245 of the

Public Acts of 1970, as amended, being §281.631 et seq. of the Michigan Compiled

Laws, and Act No.347 of the Public Acts of 1972, as amended, being §282.101 et seq.

of the Michigan Compiled Laws.

(3) The department shall not issue a permit, except for a permit pursuant to the

provisions of section 25(2) of the act or a permit under a minor project category, until

20 days after the mailing of the list to each eligible subscriber as provided for in

sections 21(1) to (3) and 23(1) of the act.

(4) Upon request, the department shall provide any person with a copy of a permit

application and supporting documents pursuant to the provisions of Act No. 442 of the

Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled

Laws.

(5) If the mitigation proposed in a mitigation plan that is submitted by an applicant is

approved by the department, the department may incorporate the mitigation actions as

permit conditions for the improvement of the existing resources or the creation of a

new resource to offset resource losses that result from the proposed project.

(6) A temporary emergency action plan may be required by permit condition

which would be effective during, and applicable to, the construction period.

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History: 1993 AACS.

R 281.1304 Project assessment.

Rule 4. (1) In each application for a permit as required pursuant to the provisions of R

281.1302, (5) and (7), an assessment of all known existing and potential adverse effects

within the scope of the project shall be provided by the applicant and reviewed by the

department to determine whether the project will have a significant adverse effect on

public health, safety, welfare, property, or natural resources or the public trust in

those resources. This assessment shall include evaluations of both positive and

negative impacts of the project commensurate with the scope of the project and

mitigating measures to minimize impacts on all of the following:

(a) Wetlands.

(b) Fisheries.

(c) Wildlife.

(d) Threatened and endangered species.

(e) Water quality.

(f) Streamflows.

(g) Sediment transport.

(h) Turbidity.

(i) Water chemistry.

(j) Water temperature.

(k) Riparian rights. The assessment shall include impacts of the impoundment on the

stream below the impoundment and shall address impacts both during construction

and after completion of the project.

(2) If the department determines that more detailed study is needed, it may require the

applicant to provide the additional information or cause such a study to be made. The

department shall state, with specificity, in writing, the requirements or criteria for such

additional

information

or study. All available data shall be evaluated by the

department in its review of an application for a permit.

History: 1993 AACS.

R 281.1305 Engineering plans and specifications.

Rule 5. (1) Engineering plans and specifications for the construction of new dams, the

reconstruction of failed dams, or the enlargement of dams shall be prepared by a

licensed professional engineer, be submitted to the department, be approved by the

department before the commencement of construction, and include, at a minimum,

all of the following:

(a) A map that shows the location of the project and a topographic map of the dam site

and impoundment area. Mapping shall show all of the following:

(i) Maximum flood storage elevations of the impoundment.

(ii) Property boundaries of the site, including flowage easements.

(iii) Borrow area or areas.

(iv) Ingress and egress routes.

(v) Work limits.

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(b) Detailed design plans that show all of the following:

(i) A profile along the centerline of the embankment and the spillway or spillways.

(ii) Cross-sections of the dam at representative locations that show suitable detail of

the upstream and downstream slopes and crest.

(iii) The findings of investigations and analyses of embankment and foundation

materials, including the locations of soil borings, soil boring logs, and proposed

foundation treatment.

(iv) Other drawings that are necessary to fully depict the project as determined by

the department upon consultation with the applicant.

(v) Other analyses that are necessary to document the adequacy of the design of the

structure and protection of natural resources, public safety, and public trust as

determined by the department upon consultation with the applicant.

(c) An operation plan that describes how the streamflows will be maintained under

various conditions.

(d) Technical specifications related to the scope of work

for

the

dam and

appurtenant structures. Specifications shall reference nationally recognized and

acceptable engineering specifications.

(2) Engineering plans and specifications for the repair, alteration, removal, or

abandonment of a dam, with the exception of minor alteration or repair projects, shall be

prepared by a licensed professional engineer, be submitted to the department, and be

approved by the department before commencement of construction. Plans and

specifications for repair and alteration shall include sufficient detail and analyses for

the department to determine whether the proposed activity adequately protects

the structural integrity of the dam. Plans and specifications for removal and

abandonment of a dam shall include sufficient detail and analyses for the department to

determine whether the proposed activity adequately protects natural resources, public

safety, and the public trust.

(3) The hazard potential classification and spillway design flood determination of

a dam site shall be determined by the department. The department may require the

applicant to provide additional information for the department's use in these

determinations. Spillway capacity requirements are fulfilled if the specified design flood

is stored in the impoundment, attenuated in the impoundment system, or passed

through the spillway.

(4) When mitigation for the loss of natural resources is required for a proposed activity,

plans and specifications for the mitigation may be required.

History: 1993 AACS.

R 281.1306 Minor project categories.

Rule 6. (1) The department shall grant or deny an application for a minor project

after all of the following steps have been completed:

(a) Submission of a complete application.

(b) An on-site inspection by a department representative.

(c) A review of all appropriate information by the department.

(2) A review of a minor project does not require any of the following:

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(a) Submission of the application materials by the department to any

individuals or agencies listed in section 23(1) of the act.

(b) A 20-day comment period as provided for in section 23 of the act.

(c) A public hearing.

of the

(3) Required plans and specifications for a minor project do not need to be prepared by a

licensed professional engineer.

(4) The following alterations and repairs shall be considered minor projects

pursuant to section 27 of the act if the activity involves a temporary drawdown of 2

feet or less or involves

a

temporary drawdown where the dam owner is the sole

riparian to the lands surrounding the impoundment:

(a) Dredging or filling of more than 25 cubic yards, but less than 300 cubic yards, as

a single and complete project. For dredging projects, the project will not be considered

minor unless evidence is provided with the application that the materials to be dredged

are not contaminated pursuant to the provisions of Act No. 64 of the Public Acts of

1979, as amended, being §299.501 et seq. of the Michigan Compiled Laws.

(b) Erosion protection measures that fulfill an

identifiable

need

for erosion

protection, bank stabilization, or the protection or improvement of the dam and its inlet

and outlet channels. The fill material that is associated with erosion protection

measures shall be in compliance with any of the following provisions:

(i) It shall have a volume of more than 25 cubic yards, but shall not have a volume

of more than 300 cubic yards.

(ii) It shall not have a surface area of more than 10,000 square feet.

(iii) There shall not be more than 2 cubic yards per lineal foot.

(c) Other repairs and alterations that have a minimal effect on the structural

integrity of the dam.

(5) Dredging or filling in volumes of less than 25 cubic yards shall be considered

maintenance and does not require a permit pursuant to the provisions of the act.

History: 1993 AACS.

R 281.1307 Performance bonds.

Rule 7. (1) As authorized by the provisions of section 31(5) of the act, a permit to

construct a new dam or reconstruct a failed dam may require a performance bond. A

performance bond may be in the form of any of the following:

(a) A surety bond.

(b) A secured trust fund.

(c) A letter of credit.

(d) Insurance.

(e) A financial test.

(f) A corporate guarantee.

(g) Another suitable instrument or mechanism.

(h) A combination of the items listed in subdivisions (a) to (g) of this subrule as

approved by the department. The department shall consider an applicant's past

performance in determining if a performance bond shall be required.

(2) The performance bond shall be secured and documentation shall be submitted to

the department before the commencement of construction. The bond, instrument,

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mechanism, or fund or combination of these methods of assurance shall be in the

amount equal to a reasonable estimate of the cost, adjusted for inflation, that is

required to adequately complete a project or remove a completed or partially

completed dam and to provide for complete or partial restoration of a project site.

Performance bonds may be required in the following instances if there is

reasonable possibility that the permittee may not complete the project:

a

(a) Where total project completion is essential for the protection of public health,

welfare, or safety or to protect natural resources and the public trust in those natural

resources.

(b) For temporary dams or dams that are constructed or reconstructed for a specific

purpose and period of time after which removal is planned.

(c) For phased construction projects where dam construction or reconstruction is

an integral and necessary part of the total project and is to be phased in over a number of

years.

(d) Projects to be constructed in the future to mitigate the loss of natural resources

or environmental degradation.

History: 1993 AACS.

R 281.1308 Project completion explained.

Rule 8. Pursuant to the provisions of section 35(1)(a) of the act, completion of a

new, reconstructed, enlarged, repaired, or altered dam occurs when all the work

depicted on all approved drawings and all specification requirements have been

accomplished

and

all

permit conditions have been implemented before the

expiration of a permit.

History: 1993 AACS.

R 281.1309 Inspection schedule.

Rule 9. Inspection reports that are prepared pursuant to the provisions of R 281.1310

are due on a calendar year basis. The department shall notify the dam owner of

the due date, by certified mail, not later than January 31 of the year in which the

inspection report is due. In establishing an inspection schedule, as authorized

pursuant to the provisions of section 37(2) of the act, the department shall compile

an alphabetical listing of dams in each hazard potential classification of high,

significant, and low. The inspection schedule shall be established based on the

following provisions:

(a) For high hazard potential dams, every third dam in the alphabetical listing of these

dams shall be inspected each year as follows:

(i) The first, fourth, seventh, tenth, and so on dam in the alphabetical listing will be

due for inspection the first year.

(ii) The second, fifth, eighth, eleventh, and so on dam in the alphabetical listing

will be due for inspection the second year.

(iii) The third, sixth, ninth, twelfth, and so on dam in the alphabetical listing

will be due for inspection the third year.

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(iv) The cycle shall be repeated every 3 years.

(b) For significant hazard potential dams, every fourth dam in the alphabetical

listing of these dams shall be inspected each year as follows:

(i) The first, fifth, ninth, thirteenth, and so on dam in the alphabetical listing

shall be due for inspection the first year.

(ii) The second, sixth, tenth, fourteenth, and so on dam in the alphabetical listing

shall be due for inspection the second year.

(iii) The third, seventh, eleventh, fifteenth, and so on dam in the alphabetical listing

shall be due for inspection the third year.

(iv) The fourth, eighth, twelfth, sixteenth, and so on dam in the alphabetical

listing shall be due for inspection the fourth year.

(v) The cycle shall be repeated every 4 years.

(c) For low hazard potential dams, every fifth dam in the alphabetical listing of these

dams shall be inspected each year as follows:

(i) The first, sixth, eleventh, sixteenth, and so on dam in the alphabetical listing

shall be due for inspection the first year.

(ii) The second, seventh, twelfth, seventeenth, and so on dam in the alphabetical

listing shall be due for inspection the second year.

(iii) The third, eighth, thirteenth, eighteenth, and so on dam in the alphabetical

listing shall be due for inspection the third year.

(iv) The fourth, ninth, fourteenth, nineteenth, and so on dam in the alphabetical

listing shall be due for inspection the fourth year.

(v) The fifth, tenth, fifteenth, twentieth, and so on dam in the alphabetical listing

shall be due for inspection the fifth year.

(vi) The cycle shall be repeated every 5 years.

(d) Depending on its hazard potential classification,

a

new, reconstructed, or

enlarged dam shall be scheduled for inspection 3, 4, or 5 years after the date of written

notice of final project approval as required pursuant to the provisions of section

35(2) of the act or 3, 4, or 5 years after the expiration date of the permit if final

approval cannot be granted. The cycle shall be repeated every 3, 4, or

according to the dam's hazard potential classification.

5

years

(e) If the hazard potential classification of a dam changes, its next inspection shall

be scheduled based on the date of its previous inspection and the cycle of inspections

required for the new hazard potential rating.

(f) If an existing dam is discovered that falls under the authority of the act, it shall be

added to the end of the appropriate alphabetical listing, and its first inspection shall

be scheduled based on the system described in subdivisions (a) to (c) of this rule. If

the department determines that a condition may exist that endangers the dam, an

inspection shall be required immediately.

(g) The department may alter the inspection schedule in consideration of the dates of

recent inspections and department-permitted and approved repairs and alterations.

(h) Owners of more than 1 dam may request that the department schedule their

inspection reports to be due the same year if the dams have the same hazard potential

classification.

History: 1993 AACS.

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R 281.1310 Inspection reports.

Rule 10. (1) Inspection reports shall include all of the information required in

section 37(3) of the act.

(2) An inspection report shall include all of the following parts:

(a) A title sheet that includes all of the following information:

(i) The name of the dam.

(ii) The inventory identification number.

(iii) The county and river or stream where the dam is located.

(iv) The owner's and operator's names, addresses, and telephone numbers.

(v) The hazard potential classification.

(vi) The names of inspectors.

(vii) The date of inspection.

(viii) The name, address, registration number, and signature of the licensed

professional engineer who is in charge of the inspection report.

(b) A conclusions and recommendations section that includes all of the following

information:

(i) An evaluation of the dam's overall condition and a summary of the findings of the

field inspection and analyses contained in the report.

(ii) Identification of any deficiencies that, if left uncorrected, could lead to the failure

of the dam.

(iii) Prioritization of recommendations to correct observed deficiencies or operation and

maintenance items for the dam.

(iv) Recommendations for further detailed studies or investigations, including an

assessment of the adequacy of the

appropriate.

current

hazard

potential classification if

(c) A project information section that includes all of the following information:

(i) A description of the dam, outlet, spillway, and other principal features, together

with pertinent data.

(ii) The purpose of the dam.

(iii) A summary of available design, geotechnical, maintenance, construction,

repair, and alteration information and operating history.

(iv) A reference to past inspection reports.

(v) The date of construction, if known.

(d) A field inspection section that briefly describes the physical condition of the

principal features of the dam and appurtenant structures, including the impoundment

level, as they were observed during the field inspection.

(e) A structural stability section that includes a visual assessment of the stability of

the dam on the basis of available data, together with the observations of the field

inspection and the results of any calculations performed.

(f) A hydrologic and hydraulic section that includes an evaluation of spillway

adequacy, including a description of pertinent available information, such as any

of the following:

(i) Hydrologic design data provided by the department.

(ii) Drainage area.

(iii) Floods of record.

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(iv) Previous evaluations.

(g) An operation and maintenance section that includes all of the following:

(i) An assessment of operating equipment and procedures.

(ii) Evaluation of the current maintenance plan.

(h) Appendices that include all of the following:

(i) A map that shows the location of the dam.

(ii) Engineering plans of the dam, if available, or sketches of the dam and its principal

parts, including a plan view and cross sectional views of pertinent features. If there have

been changes to the dam since the submittal of previous plans or sketches,

supplemental plans or sketches that depict the changes shall be submitted. If

engineering plans or sketches have been submitted in a previous inspection report and

if there have been no changes to the dam, it is not necessary to submit duplicate plans

or sketches in subsequent reports.

(iii) Photographs of the dam, downstream channel, and deficiencies cited in the report.

History: 1993 AACS.

R 281.1311 Emergency action plans.

Rule 11. (1) An emergency action plan for a high or significant hazard potential dam

shall be submitted to the county or local emergency management coordinator for

review for consistency with county or local emergency operations plans and the

Michigan emergency preparedness plan. An emergency action plan for an existing dam

shall be submitted to the department with documentation that the plan has been

submitted to the county or local emergency management coordinator not later than

the time that the first inspection report for the dam is due or at another time agreed

to by the department. An emergency action plan for a newly constructed dam

shall be submitted to the department with documentation that the plan has been

submitted to the county or local emergency management coordinator not later than

the date of expiration of the permit for construction of the dam, including any

extensions of time for completion.

(2) At the time subsequent inspection reports are due, the owner shall determine if

the plan is up to date. The owner shall advise the department of the findings of this

review and shall submit any revisions to the department and to the county or local

emergency management coordinator.

(3) The emergency action plan shall include a description of the circumstances under

which it shall be activated, what actions shall be taken, and who shall be responsible

to take those actions when the plan is activated.

(4) The emergency action plan shall include the name, address, and telephone number

of all of the following entities:

(a) The person who is responsible for the operation of the dam.

(b) The alternate person who is responsible for the operation of the dam.

(c) The local emergency management coordinator or coordinators.

(5) The emergency action plan shall include either of the following:

(a) A listing of occupied facilities, buildings, and residences that may be threatened with

flooding due to the failure of the dam.

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(b) Mapping that is adequate to clearly delineate the areas of potential inundation

resulting from a failure of the dam. The degree of detail for mapping or listings shall be

determined

through consultations between the dam owner and the appropriate

emergency services agencies that are responsible for implementing the emergency action

plan.

History: 1993 AACS.

R 281.1312 Administrative monetary penalties.

Rule 12. (1) As authorized pursuant to the provisions of section 51(8) of the act, an

administrative penalty of not more than $500.00 per day may be assessed to a person as

set forth in the schedule in subrule (2) of this rule for any of the following reasons:

(a) Violation of any or all of the conditions of a minor project permit that is issued

pursuant to the provisions of section 27 of the act.

(b) Failure to submit an inspection report as required pursuant to the provisions of

section 37 of the act.

(c) Failure to provide a more detailed investigation or evaluation of certain dam

features as required by section 37(5) of the act.

(d) Failure to comply with a first department order to limit dam operations as

authorized pursuant to the provisions of section 39(1) of the act where significant

impairment of resources has not resulted.

(e) Failure to notify the department and affected off-site public authorities and

safety agencies, pursuant to the provisions of section 41(1) of the act, of any flood or

unusual circumstance or occurrence, within 24 hours of the circumstance or

occurrence, that endangers the safety of a dam, but where significant damage to

property or natural resources does not occur.

(f) Failure to notify the department of actions taken in response to emergency

conditions pursuant to the provisions of section 41(2) of the act.

(g) Failure to comply with the provisions of an emergency order that relates to any

of the following as authorized pursuant to the provisions of section 43(2) of the act:

(i) Maximum drawdown levels and discharge rates.

(ii) Conducting required sediment surveys, water quality sampling, or monitoring.

(iii) Any other requirement where significant impairment of resources has not

resulted.

(h) Failure to prepare, keep current, and submit to the department an emergency

action plan as required pursuant to the provisions of section 47 of the act.

(i) Failure to comply with a first order to comply with permit conditions or to

restore the site affected to its original condition pursuant to the provisions of section

49(1) of the act.

(j) Violation of any of the following permit conditions:

(i) Failure to supply data or information.

(ii) Failure to provide required minimum flow releases where significant impairment

of resources has not resulted.

(iii) Violation of any permit condition where significant impairment of resources has

not occurred.

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Each violation and act of noncompliance and each day such a violation or act occurs

or continues to occur will be considered a separate violation.

(2) The following administrative penalty schedule shall apply for noncompliance or

violations as set forth in subrule (1) of this rule:

(a) First through the fifth day the violation occurs - not more than $100.00 per day.

(b) Sixth through the tenth day the violation occurs - not more than $200.00 per day.

(c) Eleventh through the fifteenth day the violation occurs - not more than $300.00 per

day.

(d) Sixteenth through the twentieth day the violation occurs - not more than $400.00

per day.

(e) Twenty-first day until the violation is resolved - not more than $500.00 per day.

(3) All administrative penalties will be assessed by written notice from the

department. The notice shall state the specific reasons for the penalty, the number

of days the department considers the person in violation, and the total amount due

based on the schedule in subrule (2) of this rule.

(4) If so requested, the department shall provide a person,

subject

to the

administrative penalty provisions of section 51(8) of the act, an opportunity for a

hearing pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as

amended, being §24.201 et seq. of the Michigan Compiled Laws.

(5) Notice of intent to assess administrative penalties pursuant to section 51(8) of

the act shall be given either through written notice by certified mail or personal service

on the person by the director, his or her designated representative, or a peace officer.

(6) Penalties that are administered pursuant to the provisions of section 51(8) of the

act may be in addition to any other penalties or remedies authorized by the act or its

rules.

History: 1993 AACS.

R 281.1313 Dams exempt from rules.

Rule 13. A dam is exempt from these rules if it is exempt from the act pursuant to the

provisions of section 13(2) and (3) of the act.

History: 1993 AACS.

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