Current through Register Vol. XLI, No. 44, November 1, 2024
Section 38-4-34 - Emergency Procedures34.1. Emergency Condition: If the owner of a dam determines that an emergency exists, he shall immediately notify any person who may be endangered if the dam should fail and then notify the appropriate county emergency services authorities and the Secretary. After providing notification of the emergency condition, the owner shall immediately take any remedial action, such as an emergency release of water, that is necessary to protect life and property. The Secretary may waive the requirement for a certificate of approval where it is necessary to accomplish repairs under emergency conditions.34.2. Dangerous Condition: 34.2.a. Should a dangerous condition develop, the Secretary shall be informed immediately. The owner of the dam shall immediately take any remedial action necessary to protect life and property. Emergency procedures developed in accordance with the provisions of Sections 33 and 34 of these rules shall be implemented to protect life and property on the downstream side of the dam.34.2.b. The site shall be inspected and monitored at least once every eight (8) hours until the emergency situation is alleviated. Continuous monitoring may be required by the Secretary when there is imminent danger to the health, safety or welfare of the public.34.2.c. Evaluation of dangerous conditions: If a dangerous condition develops, an emergency evaluation shall be initiated as soon as possible to formulate a plan for permanent correction of the dangerous condition. The evaluation and corrective action plan shall be submitted to and approved by the Secretary prior to implementation.34.3. Dam owner not relieved of responsibility: The Secretary's approval of a monitoring plan or updates to such a plan, pursuant to Section 32 of these rules or his approval of an emergency action plan pursuant to Section 33 of these rules shall not relieve the dam owner of this legal duties, obligations or liabilities under W. Va. Code §§ 22-14-10 and 22-14-12.