85-15-213. Periodic inspections after construction. (1) (a) A high-hazard dam, whether or not previously permitted by the department, must be inspected as often as considered necessary by the department, but at least once every 5 years, in order to ensure the continued safe operation of the high-hazard dam.

(b) The department determination that an inspection is necessary more often than once every 5 years, as provided in subsection (1)(a), must be based on substantive evidence, and the reasons for that determination must be stated in writing.

(2) Periodic inspections required by this section must be performed by a qualified engineer, who shall make a report of the inspection to the department. If the department finds that the high-hazard dam conforms to current safety standards, it shall issue or reissue, as the case may be, a permit to continue operation of the high-hazard dam, containing conditions on the safe operation of the high-hazard dam as it considers necessary.

(3) The owner is responsible for inspections required under this section.