W. Va. Code R. § 47-34-13

Current through Register Vol. XLI, No. 24, June 14, 2024

Section 47-34-13 - Dams Completed Before July 1, 1973

13.1. Complete Application Required - An application for a certificate of approval shall be submitted to the Secretary for all dams completed before July 1, 1973 which meet the definition of "dam" set forth in subsection 2.12. If the engineer can demonstrate that the dam meets the design requirements specified in this rule, an application for approval of an existing dam shall be submitted. If the dam requires modification to meet the requirements, an application for modification of an existing dam shall be submitted. If the above options are not exercised by the dam owner, an application to breach, remove, or properly abandon the dam pursuant to this rule shall be submitted.

13.2. Performance Requirements - All dams completed before July 1, 1973 shall meet the applicable design requirements of section 7. Those dams which do not meet the applicable design requirement of section 7 shall be modified, breached, removed, or properly abandoned pursuant to the provisions of this rule. In developing the required plans, specifications, and documentation necessary to bring the structure into conformity with section 7, the design engineer may consider in his or her submitted analyses, peculiarities and local conditions for each impounding structure with recognition of the many factors involved, some of which may not be precisely known. Existing construction documentation and the historical performance of the structure including documented storms and spillway flows may be considered by the engineer as part of the evaluation of the structure. Upon approval by the Secretary of the plans, specifications, and documentation submitted by the engineer, the Secretary may issue a certificate of approval.

13.3. Plan Package Requirements - The plan package submitted for approval or modification of an existing dam shall be in accordance with applicable requirements of section 6, except that testing and analysis results may be substituted for design specifications. If as-built drawings are not available, the engineer may substitute drawings prepared by him or her which represent the existing conditions at the dam as determined through the testing and analysis program.

W. Va. Code R. § 47-34-13