Challenge to reclassification of dam limited to allegations in petition for hearing.

Petitioner appealed the decision of the Environmental Protection Division (EPD) to reclassify King’s Cliff Lake Dam from a Category II to a Category I dam—a decision based upon a finding that loss of life would likely occur in the event of dam failure.  Because Petitioner’s appeal was founded solely on the fact that the EPD had not notified the owner of the dam of the reclassification, when the EPD subsequently informed the owner of the reclassification, any further contentions were outside the scope of the hearing as framed by the allegations in the petition for hearing.  As there was no genuine issue of material fact for determination, Judge Malihi granted the EPD’s motion for summary determination.