(2) Except as provided in this subsection, a dam may not be used to impound water or wastewater until final documentation for the site, plans and specifications, features and other supporting information of the dam has been submitted to and accepted by the department after completion of construction. The Water Resources Commission may adopt rules to allow all or a portion of a previously authorized impoundment during construction work on a dam that is undergoing modification.
(3) The department may charge a fee for an examination under subsection (1) of this section of information regarding construction of a new dam or construction to modify dam height. The fee may not exceed the lesser of the costs of providing the examination or:
(a) $1,750 for a dam that has a low hazard rating;
(b) $3,500 for a dam that has a significant hazard rating; or
(c) $8,500 for a dam that has a high hazard rating.
(4) The department may waive the requirements in subsections (1) and (2) of this section as necessary to address an actual or potential dam failure that poses an imminent risk to life, property or public infrastructure, including but not limited to waiving the requirements for actions identified in an emergency action plan. [2019 c.390 §4]