(B) The Chief of the Division of Soil and Water Resources in | 10 |
the Department of Natural Resources shall select one eligible dam | 11 |
project for purposes of a dam construction permit pilot program. | 12 |
For purposes of the pilot program, divisions (C) and (D) of this | 13 |
section apply to the eligible dam project that is selected under | 14 |
this division. The eligible dam project shall comply with all | 15 |
applicable requirements established in Chapter 1521. of the | 16 |
Revised Code and rules adopted under it except as otherwise | 17 |
provided in divisions (C) and (D) of this section. | 18 |
(C) The filing fee for an eligible dam project for purposes | 19 |
of division (B) of section 1521.06 of the Revised Code shall be | 20 |
determined by the Chief, but shall not exceed one per cent of the | 21 |
detailed cost estimate for the eligible dam project that is filed | 22 |
with and approved by the Chief. The fee charged under this | 23 |
division shall be charged notwithstanding the specific | 24 |
requirements regarding fees established in division (B) of section | 25 |
1521.06 of the Revised Code. | 26 |
(D)(1) The Chief may accept a surety bond or other security | 27 |
for an eligible dam project that is less than the surety bond or | 28 |
other security otherwise required under section 1521.061 of the | 29 |
Revised Code if the applicant for the permit demonstrates a lesser | 30 |
cost to mitigate a potential failure of the eligible dam project | 31 |
during construction or first filling of the eligible dam project. | 32 |
In addition, the Chief may accept incremental surety bond or other | 33 |
security amounts scheduled over the construction period of the | 34 |
eligible dam project if the applicant demonstrates that the | 35 |
incremental amounts are sufficient to mitigate a potential failure | 36 |
during different phases of construction. The Chief shall include | 37 |
the phased surety schedule as a term of the permit issued for the | 38 |
eligible dam project under Chapter 1521. of the Revised Code. | 39 |
(E) Within thirty days after the issuance of the construction | 49 |
permit for the eligible dam project that is the subject of the dam | 50 |
construction permit pilot program established under this section, | 51 |
the Chief shall submit a report to the General Assembly outlining | 52 |
the Chief's findings as to the efficacy of the pilot program | 53 |
established under this section. The report may include | 54 |
recommendations regarding statutory changes necessary for the | 55 |
effective regulation of dams in this state. | 56 |