Part IV. Procedures
4VAC50-20-180. Inspections.
A. The director may make inspections during construction, alteration or operation and maintenance as deemed necessary to ensure that the impounding structure is being constructed, altered or operated and maintained in compliance with the permit or certificate issued by the board. The director shall provide the owner a copy of the findings of these inspections. The department's inspection does not relieve the owner from the responsibility of providing adequate inspection during construction, alteration, or operation and maintenance. During the maintenance, construction, or alteration of any impounding structure or reservoir, the director shall require the owner to perform, at the owner's expense, such work or tests as necessary to obtain information sufficient to enable the director to determine whether conformity with the plans and specifications approved by the certificate is being secured.
B. Periodic inspections during construction or alteration shall be conducted under the direction of a licensed professional engineer who shall provide for monitoring, review of contractor submittals, and appropriate confirmatory testing of all facets of construction affecting the safety of the impounding structure in accordance with the construction or alteration permit issued by the board.
C. Required inspections during operation and maintenance shall be conducted under the supervision of a licensed professional engineer at intervals designated under 4VAC50-20-105.
D. Every owner shall provide for an inspection by a licensed professional engineer after overtopping of the impounding structure or after flows cause damage to the emergency spillway. A copy of the findings of each inspection with the engineer's recommendations shall be filed with the board within a reasonable period of time not to exceed 30 days subsequent to completion of the inspection.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.1, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.
4VAC50-20-190. Right to informal fact-finding proceeding or hearing.
Any owner aggrieved by an action taken by the director or by the board without hearing, or by inaction of the director or the board, under the provisions of this chapter, may demand in writing an informal fact-finding proceeding pursuant to § 2.2-4019 of the Code of Virginia or a formal hearing pursuant to § 2.2-4020 of the Code of Virginia. A formal hearing may be granted only with the consent of the board.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.2, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.
4VAC50-20-195. Judicial review.
Any owner aggrieved by a decision of the director, department, or board regarding the owner's impounding structure shall have the right to judicial review of the final decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 29, Issue 2, eff. November 8, 2012.
4VAC50-20-200. Enforcement.
The provisions of this chapter may be enforced by the board, the director, or both in any manner consistent with the provisions of the Dam Safety Act (§ 10.1-604 et seq. of the Code of Virginia). Failure to comply with the provisions of the general permit issued in accordance with 4VAC50-20-103 may result in enforcement actions, including penalties assessed in accordance with §§ 10.1-613.1 and 10.1-613.2.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.3, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008; Volume 29, Issue 2, eff. November 8, 2012.
4VAC50-20-210. Consulting committee.
A. When the board needs to satisfy questions of safety regarding plans and specifications, construction, alteration, or operation and maintenance, or when requested by the owner, the board may appoint a consulting committee to report to it with respect to those questions of the impounding structure's safety. Such a committee shall consist of two or more consultants, none of whom have been associated with the impounding structure.
B. The costs and expenses incurred by the consulting committee, if appointed at the request of an owner, shall be paid by the owner.
C. The costs and expenses incurred by the consulting committee, if initiated by the board, shall be paid by the board.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.
4VAC50-20-220. Unsafe conditions.
A. No owner shall maintain an unsafe impounding structure. Designation of an impounding structure as unsafe shall be made in accordance with § 10.1-607.1 of the Code of Virginia.
B. Imminent danger.
1. If an owner or the owner's engineer has determined that circumstances are impacting the integrity of the impounding structure that could result in the imminent failure of the impounding structure, temporary repairs may be initiated prior to approval from the board. The owner shall notify the department within 24 hours of identifying the circumstances impacting the integrity of the impounding structure. Such emergency notification shall not relieve the owner of the need to obtain an alteration permit as soon as may be practicable, nor shall the owner take action beyond that necessary to address the emergency situation.
2. When the director finds that an impounding structure is unsafe and constitutes an imminent danger to life or property, he shall immediately notify the Virginia Department of Emergency Management and confer with the owner who shall activate the Emergency Action Plan or Emergency Preparedness Plan if appropriate to do so. The owner of an impounding structure found to constitute an imminent danger to life or property shall take immediate corrective action to remove the imminent danger as required by § 10.1-608 of the Code of Virginia.
C. Nonimminent danger. The owner of an impounding structure who has been issued findings and recommendations, by the board, for the correction of deficiencies that may threaten life or property if not corrected, shall undertake to implement the recommendations for correction of deficiencies according to a schedule of implementation contained in that report as required by § 10.1-609 of the Code of Virginia. A dam owner may submit to the board his own plan, consistent with this chapter, to address the recommendations for correction of deficiencies and the schedule of implementation contained in the department's safety inspection report. The board shall determine if the submitted plan and schedule are sufficient to address deficiencies.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.5, eff. February 1, 1989; amended, Virginia Register Volume 18, Issue 14, eff. July 1, 2002; Volume 24, Issue 25, eff. September 26, 2008; Volume 27, Issue 6, eff. December 22, 2010.
4VAC50-20-230. Complaints.
A. Upon receipt of a complaint alleging that the person or property of the complainant is endangered by the construction, alteration, maintenance or operation of an impounding structure, the director shall cause an inspection of the structure, unless the data, records and inspection reports on file with the board are found adequate to determine if the complaint is valid.
B. If the director finds that an unsafe condition exists, the director shall proceed under the provisions of §§ 10.1-608 and 10.1-609 of the Code of Virginia to render the extant condition safe.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 4.6, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25, eff. September 26, 2008.