(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;
(2) The dam is privately owned; and
(3) The owner is a noncompliant dam owner.
(b) All costs incurred by the secretary to repair or remove the dam or take other remedial action shall be promptly repaid by the owner upon request or, if not repaid, the secretary may recover costs and damages from the owner by appropriate civil action. Moneys obtained from the civil action shall be promptly deposited in the fund.
Structure West Virginia Code
Chapter 22. Environmental Resources
§22-14-2. Legislative Findings; Intent and Purpose of Article
§22-14-3. Definition of Terms Used in Article
§22-14-6. Plans and Specifications for Dams to Be in Charge of Registered Professional Engineer
§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
§22-14-11. 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