PURPOSE: The purpose of this rule is to restate the immunity from damages provided in section 236.475, RSMo (1986).
- (1) In the absence of willful and wanton misconduct, no action shall be brought against the council, the chief engineer or his/her agents, department employees or private individuals employed as consultants by the department for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the use or operation of any dam or reservoir upon the ground that the person is liable by virtue of any of the following: the approval of a dam or reservoir or permits therefore; the issuance or enforcement of orders relating to maintenance, operation or repair of a dam or reservoir; control or regulation of a dam or reservoir; measures taken to protect against failure during an emergency; or denial of a permit.
AUTHORITY: section 236.475, RSMo 1986.* Original rule filed April 14, 1981, effective Aug. 13, 1981.
*Original authority: 236.475, RSMo 1979.