A. Within a reasonable time after completion of a safety inspection of animpounding structure authorized by § 10.1-607, the Board shall issue a reportto the owner of the impounding structure containing its findings andrecommendations for correction of any deficiencies which could threaten lifeor property if not corrected. Owners who have been issued a report containingrecommendations for correction of deficiencies shall undertake to implementthe recommendations contained in the report according to the schedule ofimplementation contained in the report. If an owner fails or refuses tocommence or diligently implement the recommendations for correction ofdeficiencies according to the schedule contained in an issued report, theDirector shall have the authority to issue an administrative order directingthe owner to commence implementation and completion of such recommendationsaccording to the schedule contained in the report with modifications asappropriate. Within thirty days after being served by personal service or bymail with a copy of an order issued pursuant to this section, any owner shallhave the right to petition the Board for a hearing. As part of his petition,a dam owner may submit to the Board his own plan, consistent with regulationsadopted pursuant to § 10.1-605, to address the recommendations for correctionof deficiencies and the schedule of implementation contained in the report.The Board shall determine if the submitted plan and schedule are sufficientto address deficiencies. A timely filed petition shall stay the effect of theadministrative order.
The hearing shall be conducted before the Board or a designated memberthereof pursuant to § 2.2-4019. The Board shall have the authority to affirm,modify, amend or cancel the administrative order. Any owner aggrieved by adecision of the Board after a hearing shall have the right to judicial reviewof the final Board decision pursuant to the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).
B. The provisions of subsection A of this section notwithstanding, if theDirector determines, after the report is issued, that changed circumstancesjustify reclassifying the deficiencies of an impounding structure as animminent danger to life or property, the Director may proceed directly under§ 10.1-613 for enforcement of his order, and the owner shall have theopportunity to contest the fact based upon which the administrative order wasissued.
C. The Director, upon a determination that there is an unsafe condition at animpounding structure, is authorized to cause the lowering or completedraining of such impoundment until the unsafe condition has been corrected atthe owner's expense and prior to any authorization to refill.
An owner who fails to comply with the provisions contained in anadministrative order of the Department shall be subject to procedures set outin § 10.1-613 and the penalties authorized under §§ 10.1-613.1 and 10.1-613.2.
D. No persons, other than those authorized to maintain an impoundingstructure, shall interfere with the operation of an impounding structure.
(1982, c. 583, § 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c. 110;2006, c. 30; 2010, c. 270.)
A. Within a reasonable time after completion of a safety inspection of animpounding structure authorized by § 10.1-607, the Board shall issue a reportto the owner of the impounding structure containing its findings andrecommendations for correction of any deficiencies which could threaten lifeor property if not corrected. Owners who have been issued a report containingrecommendations for correction of deficiencies shall undertake to implementthe recommendations contained in the report according to the schedule ofimplementation contained in the report. If an owner fails or refuses tocommence or diligently implement the recommendations for correction ofdeficiencies according to the schedule contained in an issued report, theDirector shall have the authority to issue an administrative order directingthe owner to commence implementation and completion of such recommendationsaccording to the schedule contained in the report with modifications asappropriate. Within thirty days after being served by personal service or bymail with a copy of an order issued pursuant to this section, any owner shallhave the right to petition the Board for a hearing. As part of his petition,a dam owner may submit to the Board his own plan, consistent with regulationsadopted pursuant to § 10.1-605, to address the recommendations for correctionof deficiencies and the schedule of implementation contained in the report.The Board shall determine if the submitted plan and schedule are sufficientto address deficiencies. A timely filed petition shall stay the effect of theadministrative order.
The hearing shall be conducted before the Board or a designated memberthereof pursuant to § 2.2-4019. The Board shall have the authority to affirm,modify, amend or cancel the administrative order. Any owner aggrieved by adecision of the Board after a hearing shall have the right to judicial reviewof the final Board decision pursuant to the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).
B. The provisions of subsection A of this section notwithstanding, if theDirector determines, after the report is issued, that changed circumstancesjustify reclassifying the deficiencies of an impounding structure as animminent danger to life or property, the Director may proceed directly under§ 10.1-613 for enforcement of his order, and the owner shall have theopportunity to contest the fact based upon which the administrative order wasissued.
C. The Director, upon a determination that there is an unsafe condition at animpounding structure, is authorized to cause the lowering or completedraining of such impoundment until the unsafe condition has been corrected atthe owner's expense and prior to any authorization to refill.
An owner who fails to comply with the provisions contained in anadministrative order of the Department shall be subject to procedures set outin § 10.1-613 and the penalties authorized under §§ 10.1-613.1 and 10.1-613.2.
D. No persons, other than those authorized to maintain an impoundingstructure, shall interfere with the operation of an impounding structure.
(1982, c. 583, § 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c. 110;2006, c. 30; 2010, c. 270.)
A. Within a reasonable time after completion of a safety inspection of animpounding structure authorized by § 10.1-607, the Board shall issue a reportto the owner of the impounding structure containing its findings andrecommendations for correction of any deficiencies which could threaten lifeor property if not corrected. Owners who have been issued a report containingrecommendations for correction of deficiencies shall undertake to implementthe recommendations contained in the report according to the schedule ofimplementation contained in the report. If an owner fails or refuses tocommence or diligently implement the recommendations for correction ofdeficiencies according to the schedule contained in an issued report, theDirector shall have the authority to issue an administrative order directingthe owner to commence implementation and completion of such recommendationsaccording to the schedule contained in the report with modifications asappropriate. Within thirty days after being served by personal service or bymail with a copy of an order issued pursuant to this section, any owner shallhave the right to petition the Board for a hearing. As part of his petition,a dam owner may submit to the Board his own plan, consistent with regulationsadopted pursuant to § 10.1-605, to address the recommendations for correctionof deficiencies and the schedule of implementation contained in the report.The Board shall determine if the submitted plan and schedule are sufficientto address deficiencies. A timely filed petition shall stay the effect of theadministrative order.
The hearing shall be conducted before the Board or a designated memberthereof pursuant to § 2.2-4019. The Board shall have the authority to affirm,modify, amend or cancel the administrative order. Any owner aggrieved by adecision of the Board after a hearing shall have the right to judicial reviewof the final Board decision pursuant to the provisions of the AdministrativeProcess Act (§ 2.2-4000 et seq.).
B. The provisions of subsection A of this section notwithstanding, if theDirector determines, after the report is issued, that changed circumstancesjustify reclassifying the deficiencies of an impounding structure as animminent danger to life or property, the Director may proceed directly under§ 10.1-613 for enforcement of his order, and the owner shall have theopportunity to contest the fact based upon which the administrative order wasissued.
C. The Director, upon a determination that there is an unsafe condition at animpounding structure, is authorized to cause the lowering or completedraining of such impoundment until the unsafe condition has been corrected atthe owner's expense and prior to any authorization to refill.
An owner who fails to comply with the provisions contained in anadministrative order of the Department shall be subject to procedures set outin § 10.1-613 and the penalties authorized under §§ 10.1-613.1 and 10.1-613.2.
D. No persons, other than those authorized to maintain an impoundingstructure, shall interfere with the operation of an impounding structure.
(1982, c. 583, § 62.1-115.6; 1986, cc. 9, 615; 1988, c. 891; 1999, c. 110;2006, c. 30; 2010, c. 270.)
