Current through 2024-51, December 18, 2024
Section 001-375-3 - DecisionA. Following the determination of the consequences of failure, the site inspection and hearing, and appropriate analyses, the Inspector of Dams shall forthwith report his findings and his opinion of the safety and sufficiency of the dam or reservoir to the Commissioner of the Department of Agriculture, Food and Rural Resources. Pursuant to 38 M.R.S.A. §812, said findings and opinion shall include the Inspector's conclusion as to whether or riot such dam or reservoir is unsafe or dangerous to the lives or property of persons residing, carrying on business or employed near or below the same.B. Such findings and opinion shall simultaneously be mailed to a representative of the petitioners, any intervenors, and the owners of the dam or reservoir. Within fourteen days of their receipt of such findings and opinion, these parties may file with the Inspector proposed findings, written comments, statements and arguments thereon. In the discretion of the inspector, additional time may be granted if the dam or reservoir owner desires to commission, at his own expense, an additional safety assessment of the dam or reservoir. Such request must be made within fourteen days of receipt of the Inspector's findings and opinion. Title 01-019 CMR 30.5M shall apply to these proceedings as modified by the procedures set forth herein.C. Upon the expiration of the comment period or the Inspector's receipt of an additional safety assessment, as the case may be, the record shall be closed (subject to 01-019 CMR 30.5N). The Inspector shall thereupon issue a final report to the Commissioner of Agriculture, Flood and Rural Resources. In the case of finding a dam to be unsafe, or insufficient, the Commissioner shall notify all interested parties, including owners with riparian rights, municipalities in which the darns are located and any other persons or organizations he deems necessary.01-001 C.M.R. ch. 375, § 3