A. During the maintenance, construction, or alteration of any dam or reservoir, the Department shall make periodic inspections for the purpose of securing conformity with the approved plans and specifications. The Department shall require the owner to perform at his expense such work or tests as necessary to obtain information sufficient to enable the Department to determine whether conformity with the approved plans and specifications is being secured.
B. If, after any inspections, investigations, or examinations, or at any time as the work progresses, or at any time prior to issuance of a certificate of approval, it is found by the Director that project modifications or changes are necessary to ensure conformity with the approved plans and specifications, the Director may issue an administrative order to the owner to comply with the plans and specifications. Within 15 calendar days after being served by personal service or by mail with a copy of an order issued pursuant to this section, any owner shall have the right to petition the Board for a hearing. A timely filed petition shall stay the effect of the administrative order. The hearing shall be conducted before the Board or a designated member of the Board pursuant to § 2.2-4019. The Board shall have the authority to affirm, modify, amend, or cancel the administrative order. Any owner aggrieved by a decision of the Board after a hearing shall have the right to judicial review of the final Board decision pursuant to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Following the Board hearing, subject to judicial review of the final decision of the Board, if conditions are revealed that will not permit the construction of a safe dam or reservoir, the certificate of approval may be revoked. As part of the revocation, the Board may compel the owner to remove the incomplete structure sufficiently to eliminate any safety hazard to life or property.
2006, c. 30.
Structure Code of Virginia
Chapter 6 - Flood Protection and Dam Safety
§ 10.1-602. Powers and duties of Department
§ 10.1-603. State agency compliance
§ 10.1-603.16:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-603.17. Dam Safety, Flood Prevention and Protection Assistance Fund established
§ 10.1-603.18. Administration of the Fund
§ 10.1-603.18:1. Deposit of money; expenditures; investments
§ 10.1-603.18:2. Collection of money due Fund
§ 10.1-603.19. Purposes for which Fund is to be used; Authority to set terms and conditions of loans
§ 10.1-603.19:1. Payments from a developer or subdivider
§ 10.1-603.20. Condition for making loans or grants
§ 10.1-603.22:1. Pledge of loans to secure bonds of Authority
§ 10.1-603.22:2. Sale of loans
§ 10.1-603.22:3. Powers of the Authority
§ 10.1-603.22:4. Liberal construction of article
§ 10.1-603.23. Record of application for grants or loans and action taken
§ 10.1-603.25. Virginia Community Flood Preparedness Fund; loan and grant program
§ 10.1-603.26. Deposit of moneys; expenditures; investments
§ 10.1-603.29. Resilient Virginia Revolving Fund
§ 10.1-603.30. Deposit of moneys; expenditures; investments
§ 10.1-603.32. Collection of money due to Fund
§ 10.1-603.33. Loans to local governments
§ 10.1-603.34. Grants to local governments
§ 10.1-603.35. Loans and grants for regional projects, etc.
§ 10.1-603.36. Loans and grants to a local government for a funding program
§ 10.1-603.37. Pledge of loans to secure bonds of Authority
§ 10.1-603.39. Powers of the Authority
§ 10.1-603.40. Liberal construction of article
§ 10.1-604.1. Determination of hazard potential classification
§ 10.1-605. Promulgation of regulations by the Board; guidance document
§ 10.1-605.1. Delegation of powers and duties
§ 10.1-605.2. Certain regulations affecting impounding structures
§ 10.1-605.3. General permit for certain impounding structures
§ 10.1-606. Local advisory committee
§ 10.1-606.2. Mapping of dam break inundation zones
§ 10.1-606.3. Requirement for development in dam break inundation zones
§ 10.1-606.4. Notice to the public
§ 10.1-607. Safety inspections
§ 10.1-607.1. Criteria for designating a dam as unsafe
§ 10.1-608. Unsafe dams presenting imminent danger
§ 10.1-609. Unsafe dams presenting nonimminent danger
§ 10.1-609.1. Installation of IFLOWS gauges
§ 10.1-609.2. Prohibited vegetation; certain wetland vegetation allowed
§ 10.1-610.1. Monitoring progress of work
§ 10.1-611. Dam safety coordination
§ 10.1-612. Technical Advisory Committee
§ 10.1-612.1. Temporary stop work order; hearing; injunctive relief
§ 10.1-613.1. Criminal penalties
§ 10.1-613.3. No liability of Board, Department, employees, or agents
§ 10.1-613.4. Liability of owner or operator
§ 10.1-613.5. Program administration fees; establishment of Dam Safety Administrative Fund
§ 10.1-613.6. Negotiated settlement agreements
§ 10.1-614. Establishment within soil and water conservation district authorized
§ 10.1-615. Petition for establishment; what to set forth
§ 10.1-617. Determination of whether operation of proposed district is feasible; referendum
§ 10.1-618. Ballots used in such referendum
§ 10.1-619. Consideration of results of referendum; simple majority vote required
§ 10.1-620. Declaration of organization of district; certification to Board
§ 10.1-622. Inclusion of additional territory
§ 10.1-623. Governing body of district; trustees
§ 10.1-624. Officers, agents and employees; surety bonds; annual audit
§ 10.1-629. Order authorizing governing body to incur indebtedness or issue bonds
§ 10.1-630. Type of indebtedness incurred or bonds issued
§ 10.1-631. Annual tax for payment of interest or to amortize indebtedness or bonds
§ 10.1-634. Question to be submitted to qualified voters; approval required
§ 10.1-634.1. Conduct of referenda
§ 10.1-635. Power of eminent domain
§ 10.1-637. Fund continued; administrative control
§ 10.1-638. Purposes for which fund to be used
§ 10.1-639. Conditions for making loan
§ 10.1-640. Political subdivisions may borrow from other sources
§ 10.1-641. Powers of Board in aid of the provisions of § 10.1-638
§ 10.1-642. Record of applications for loans and action taken
§ 10.1-643. Period of loan; interest rate; loan shall constitute a lien
§ 10.1-644. Recovery of money due to fund
§ 10.1-646. Purchase price and terms of sales authorized by § 10.1-645
§ 10.1-647. Disposition of facilities financed under article when part of debt remains outstanding
§ 10.1-648. Acquisition of lands, easements, and rights-of-way
§ 10.1-649. Sale to Board of property and rights-of-way acquired by condemnation
§ 10.1-651. Establishment and administration of Program
§ 10.1-652. Program applicability
§ 10.1-653. Application for assistance
§ 10.1-654. Damage inspections and reports
§ 10.1-655. Types of assistance
§ 10.1-656. Board action on assistance requests
§ 10.1-657. Account established