West Virginia Code
Article 14. Dam Control Act
§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 more than six months, or both fined and incarcerated.
(b) Any person who willfully obstructs, hinders or prevents the secretary or department or its agents or employees from performing the duties imposed on them by the provisions of this article or who willfully resists the exercise of the control and supervision conferred by the provisions of this article upon the secretary or department or its agents or employees or any owner or any person acting as a director, officer, agent or employee of an owner, or any contractor or agent or employee of a contractor who engages in the placement, construction, enlargement, repair, alteration, maintenance or removal of any dam who knowingly does work or permits work to be executed on the dam without a certificate of approval or in violation of or contrary to any approval as provided for by the provisions of this article; and any inspector, agent or employee of the department who has knowledge of and who fails to notify the secretary of unapproved modifications to a dam is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or incarcerated in the county jail not more than one year, or both fined and incarcerated.

Structure West Virginia Code

West Virginia Code

Chapter 22. Environmental Resources

Article 14. Dam Control Act

§22-14-1. Short Title

§22-14-2. Legislative Findings; Intent and Purpose of Article

§22-14-3. Definition of Terms Used in Article

§22-14-4. General Powers and Duties of Director; Maximum Fee Established for Certificates of Approval and Annual Registration

§22-14-5. Unlawful to Place, Construct, Enlarge, Alter, Repair, Remove or Abandon Dam Without Certificate of Approval; Application Required to Obtain Certificate

§22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer

§22-14-7. Granting or Rejecting Applications for Certificate of Approval by Division; Publication of Notice of Application; Hearing Upon Application

§22-14-8. Content of Certificates of Approval for Dams; Revocation or Suspension of Certificates

§22-14-9. Inspections During Progress of Work on Dam

§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

§22-14-11. Requirements for Dams Completed Prior to Effective Date of This Section

§22-14-12. Dam Owner Not Relieved of Legal Responsibilities by Any Provision of Article

§22-14-13. Offenses and Penalties

§22-14-14. Enforcement Orders; Hearings

§22-14-15. Civil Penalties and Injunctive Relief

§22-14-16. Schedule of Application Fees Established

§22-14-17. Schedule of Annual Registration Fees Established

§22-14-18. Continuation of Dam Safety Fund; Components of Fund

§22-14-19. Dam Safety Rehabilitation Revolving Fund Established; Disbursement of Fund Moneys

§22-14-20. Dam Safety Rehabilitation Revolving Fund Program

§22-14-21. Collection of Money Due to the Fund

§22-14-22. Authority of Department of Environmental Protection for Deficient Dams That Are Privately Owned by a Noncompliant Dam Owner