Virginia § 10.1-605.3 - General permit for certain impounding structures

§ 10.1-605.3. General permit for certain impounding structures

A. The Board shall develop a general permit for the regulation of low hazard potential impounding structures in accordance with § 10.1-605.

B. The regulations shall include the following:

1. A registration statement requiring:

a. The name and address of the owner;

b. The location of the impounding structure;

c. The height of the impounding structure;

d. The volume of water impounded;

e. The results of a safety inspection conducted by a licensed professional engineer consistent with § 10.1-607 upon initial application for a permit or, for a newly constructed impounding structure, a complete records report as required in the Impounding Structure Regulations (4VAC50-20-70) for a construction permit; and

f. A certification from the owner that the impounding structure (i) is classified as low hazard pursuant to a determination by the Department or the owner's professional engineer in accordance with § 10.1-604.1; (ii) is, to the best of his knowledge, properly and safely constructed; (iii) currently has no observable deficiencies or, if deficiencies exist, such deficiencies shall be corrected in a timeframe and manner acceptable by the Department; and (iv) shall be maintained and operated in accordance with the provisions of the general permit.

2. A spillway design flood requirement of the 100-year flood. When no critical infrastructure, as defined in § 44-146.28:2, public highway, or any access to a public utility, as defined in § 56-232, is determined to be within the dam break inundation zone, the spillway design flood requirement may be reduced to the 50-year flood if approved by the Department.

3. A simplified emergency preparedness plan that provides:

a. Name and location information for the impounding structure;

b. Name of owner and operator and associated contact information;

c. Contact information for relevant emergency responders;

d. Procedures for notifying downstream property owners or occupants; and

e. Identification of any downstream roadways that would be impacted by a failure.

4. An annual inspection of the impounding structure by the owner. No inspection of the impounding structure by a licensed professional engineer shall be required if the owner certifies at the time of general permit coverage renewal that conditions at the impounding structure and downstream are unchanged.

5. Procedures for seeking and issuing coverage under the general permit.

6. A six-year term of coverage under the general permit after which time the owner shall reapply for coverage by filing a new registration statement. The Board may, by regulation, establish a fee for the processing of registration statements.

C. The owner shall notify the Department immediately of any change in circumstances that would cause the impounding structure to no longer qualify for coverage under the general permit. In the event of a failure or an imminent failure at the impounding structure, the owner shall immediately notify the local emergency management coordinator, the Department of Emergency Management, and the Department. The Department shall take actions in accordance with § 10.1-608 or 10.1-609, depending on the degree of hazard and the imminence of failure caused by the unsafe condition.

D. Failure to comply with the provisions of the general permit may result in penalties assessed in accordance with §§ 10.1-609 and 10.1-613.1.

E. In order to qualify for the protections of § 10.1-606.3, a dam owner eligible for a general permit shall file a dam break inundation zone map with or provide the limits of the inundation study in an acceptable electronic format to the Department. The dam owner shall also file such dam break inundation zone map or such limits of the inundation zone in an acceptable electronic format with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality and the local emergency management coordinator as designated by the locality for each locality in which the dam break inundation zone resides in accordance with § 10.1-606.2.

F. The Board may establish reduced minimum performance and maintenance standards in a general permit for a low hazard potential impounding structure that is not expected to cause loss of human life or economic damage to any property except property owned by the owner if such impounding structure fails.

2011, c. 637; 2025, cc. 228, 241.