A. During the maintenance, construction, or alteration of any dam orreservoir, the Department shall make periodic inspections for the purpose ofsecuring conformity with the approved plans and specifications. TheDepartment shall require the owner to perform at his expense such work ortests as necessary to obtain information sufficient to enable the Departmentto determine whether conformity with the approved plans and specifications isbeing secured.
B. If, after any inspections, investigations, or examinations, or at any timeas the work progresses, or at any time prior to issuance of a certificate ofapproval, it is found by the Director that project modifications or changesare necessary to ensure conformity with the approved plans andspecifications, the Director may issue an administrative order to the ownerto comply with the plans and specifications. Within 15 calendar days afterbeing served by personal service or by mail with a copy of an order issuedpursuant to this section, any owner shall have the right to petition theBoard for a hearing. A timely filed petition shall stay the effect of theadministrative order. The hearing shall be conducted before the Board or adesignated member of the Board pursuant to § 2.2-4019. The Board shall havethe authority to affirm, modify, amend, or cancel the administrative order.Any owner aggrieved by a decision of the Board after a hearing shall have theright to judicial review of the final Board decision pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Following the Board hearing, subject to judicial review of the finaldecision of the Board, if conditions are revealed that will not permit theconstruction of a safe dam or reservoir, the certificate of approval may berevoked. As part of the revocation, the Board may compel the owner to removethe incomplete structure sufficiently to eliminate any safety hazard to lifeor property.
A. During the maintenance, construction, or alteration of any dam orreservoir, the Department shall make periodic inspections for the purpose ofsecuring conformity with the approved plans and specifications. TheDepartment shall require the owner to perform at his expense such work ortests as necessary to obtain information sufficient to enable the Departmentto determine whether conformity with the approved plans and specifications isbeing secured.
B. If, after any inspections, investigations, or examinations, or at any timeas the work progresses, or at any time prior to issuance of a certificate ofapproval, it is found by the Director that project modifications or changesare necessary to ensure conformity with the approved plans andspecifications, the Director may issue an administrative order to the ownerto comply with the plans and specifications. Within 15 calendar days afterbeing served by personal service or by mail with a copy of an order issuedpursuant to this section, any owner shall have the right to petition theBoard for a hearing. A timely filed petition shall stay the effect of theadministrative order. The hearing shall be conducted before the Board or adesignated member of the Board pursuant to § 2.2-4019. The Board shall havethe authority to affirm, modify, amend, or cancel the administrative order.Any owner aggrieved by a decision of the Board after a hearing shall have theright to judicial review of the final Board decision pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Following the Board hearing, subject to judicial review of the finaldecision of the Board, if conditions are revealed that will not permit theconstruction of a safe dam or reservoir, the certificate of approval may berevoked. As part of the revocation, the Board may compel the owner to removethe incomplete structure sufficiently to eliminate any safety hazard to lifeor property.
A. During the maintenance, construction, or alteration of any dam orreservoir, the Department shall make periodic inspections for the purpose ofsecuring conformity with the approved plans and specifications. TheDepartment shall require the owner to perform at his expense such work ortests as necessary to obtain information sufficient to enable the Departmentto determine whether conformity with the approved plans and specifications isbeing secured.
B. If, after any inspections, investigations, or examinations, or at any timeas the work progresses, or at any time prior to issuance of a certificate ofapproval, it is found by the Director that project modifications or changesare necessary to ensure conformity with the approved plans andspecifications, the Director may issue an administrative order to the ownerto comply with the plans and specifications. Within 15 calendar days afterbeing served by personal service or by mail with a copy of an order issuedpursuant to this section, any owner shall have the right to petition theBoard for a hearing. A timely filed petition shall stay the effect of theadministrative order. The hearing shall be conducted before the Board or adesignated member of the Board pursuant to § 2.2-4019. The Board shall havethe authority to affirm, modify, amend, or cancel the administrative order.Any owner aggrieved by a decision of the Board after a hearing shall have theright to judicial review of the final Board decision pursuant to theprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).
C. Following the Board hearing, subject to judicial review of the finaldecision of the Board, if conditions are revealed that will not permit theconstruction of a safe dam or reservoir, the certificate of approval may berevoked. As part of the revocation, the Board may compel the owner to removethe incomplete structure sufficiently to eliminate any safety hazard to lifeor property.
