§22-14-1. Short Title
This article shall be known and cited as the Dam Control and Safety Act.
§22-14-10. Procedures for Handling Emergencies Involving Dams; Remedial Actions to Alleviate Emergency; Payment of Costs of Remedial Actions to Be Paid by Dam Owner
The owner of a dam has the primary responsibility for determining when an emergency involving a dam exists. When the owner of a dam determines an emergency does exist, the owner shall take necessary remedial action and shall notify the secretary and any persons who may be endangered if the dam should fail. The secretary […]
§22-14-11. Requirements for Dams Completed Prior to Effective Date of This Section
The secretary shall give notice to file an application for a certificate of approval to every owner of a dam which was completed prior to the effective date of this section: Provided, That no such notice need be given to a person who has applied for and obtained a certificate of approval on or after […]
§22-14-12. Dam Owner Not Relieved of Legal Responsibilities by Any Provision of Article
Nothing in this article relieves the owner of a dam of the legal duties, obligations or liabilities incident to the ownership or operation of a dam.
§22-14-13. Offenses and Penalties
(a) Any person who violates any of the provisions of this article or any certificate of approval, order, rule or requirement of the secretary or department is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000, or incarcerated in a county or regional jail not […]
§22-14-14. Enforcement Orders; Hearings
(a) If the secretary, upon inspection, investigation or through other means observes, discovers or learns of a violation of the provisions of this article, any certificate of approval, notice, order or rules issued or promulgated hereunder, he or she may: (1) Issue an order stating with reasonable specificity the nature of the violation and requiring […]
§22-14-15. Civil Penalties and Injunctive Relief
(a) Any person who violates any provision of this article, any certificate of approval or any rule, notice or order issued pursuant to this article is subject to a civil administrative penalty, to be levied by the secretary, of not more than $5,000 for each day the violation continues, not to exceed a maximum of […]
§22-14-16. Schedule of Application Fees Established
The secretary shall promulgate rules in accordance with the provisions of section four of this article, to establish a schedule of application fees which shall be submitted by the applicant to the department together with the application for a certificate of approval filed pursuant to this article. The schedule of application fees shall be designed […]
§22-14-17. Schedule of Annual Registration Fees Established
The secretary shall promulgate rules in accordance with the provisions of section four of this article, to establish a schedule of annual registration fees which shall be assessed annually upon each person holding a certificate of approval issued pursuant to this article. Each person holding a certificate of approval shall pay the prescribed annual registration […]
§22-14-18. Continuation of Dam Safety Fund; Components of Fund
(a) The special fund designated the Dam Safety Fund hereinafter referred to as "the fund" shall be continued. (b) All certificate application fees and annual registration fee assessments, any interest or surcharge assessed and collected by the department, interest accruing on investments and deposits of the fund, and any other moneys designated by the department […]
§22-14-19. Dam Safety Rehabilitation Revolving Fund Established; Disbursement of Fund Moneys
(a) There is created in the state Treasury a special revenue fund known as the Dam Safety Rehabilitation Revolving Fund. The fund shall be comprised of money allocated to the state by the federal government expressly for the purposes of establishing and maintaining a state Dam Safety Rehabilitation Revolving Fund. The fund shall also include […]
§22-14-2. Legislative Findings; Intent and Purpose of Article
The Legislature finds that dams may constitute a potential hazard to people and property; therefore, dams in this state must be properly regulated and controlled to protect the health, safety and welfare of people and property in this state. It is the intent of the Legislature by this article to provide for the regulation and […]
§22-14-20. Dam Safety Rehabilitation Revolving Fund Program
(a) The secretary shall develop a state list of deficient dams using a priority ranking system based on factors designed by the secretary. Only dams on the list of deficient dams are eligible for a loan from the Dam Safety Rehabilitation Revolving Fund. (b) The secretary shall develop an application, including eligibility requirements for persons […]
§22-14-21. Collection of Money Due to the Fund
(a) In order to ensure the timely payment of all sums due and owing to the fund under a revolving fund loan agreement between the state and a person, and notwithstanding any provisions of this code to the contrary, the authority has and may, at its option, exercise the following rights and remedies in the […]
§22-14-22. Authority of Department of Environmental Protection for Deficient Dams That Are Privately Owned by a Noncompliant Dam Owner
(a) The secretary may assume full charge and responsibility over a dam and may expend money from the Dam Safety Rehabilitation Revolving Fund for the purpose of repair or removal of the dam or other remedial action, if: (1) The dam is a deficient dam;
§22-14-3. Definition of Terms Used in Article
As used in this article, unless used in a context that clearly requires a different meaning, the term: (a) "Alterations" or "repairs" means only those changes in the structure or integrity of a dam that may affect its safety to be determined by the secretary. (b) "Application for a certificate of approval" means the written […]
§22-14-4. General Powers and Duties of Director; Maximum Fee Established for Certificates of Approval and Annual Registration
The secretary has the following powers and duties: (a) To control and exercise regulatory jurisdiction over dams as provided for in this article; (b) To review all applications for a certificate of approval for the placement, construction, enlargement, alteration, repair or removal of any dam; (c) To grant, modify, amend, revoke, restrict or refuse to […]
§22-14-5. Unlawful to Place, Construct, Enlarge, Alter, Repair, Remove or Abandon Dam Without Certificate of Approval; Application Required to Obtain Certificate
It is unlawful for any person to place, construct, enlarge, alter, repair, remove or abandon any dam under the jurisdiction of the secretary until he or she has first: (a) Filed an application for a certificate of approval with the department; and (b) obtained from the department a certificate of approval: Provided, That routine repairs […]
§22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer
Plans and specifications for the placement, construction, enlargement, alteration, repair or removal of dams shall be in the charge of a registered professional engineer licensed to practice in West Virginia. Any plans or specifications submitted to the department shall bear the seal of a registered professional engineer.
§22-14-7. Granting or Rejecting Applications for Certificate of Approval by Division; Publication of Notice of Application; Hearing Upon Application
Upon receipt of an application for a certificate of approval and the fee required under the provisions of this article, the secretary shall proceed to consider the application for sufficiency. The secretary shall approve or disapprove the application within sixty days after receipt. If an application is defective, it shall be returned to the applicant […]