W. Va. Code R. § 47-34-20

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

Section 47-34-20 - State Deficient Dams Rehabilitation Assistance Program

20.1. The Secretary shall establish a State Deficient Dams Rehabilitation Assistance Program to direct the distribution of loans from the Dam Safety Rehabilitation Revolving Fund created under the Act.

20.2. Use of Moneys in the Fund. -- Moneys in the Fund shall be used to make loans to persons to finance costs for engineering, design, alteration, improvement, repair, breaching or removal of a deficient dam necessary to correct or remove the deficiencies and other activities as authorized by a federal grant or a legislative appropriation. The Fund may also be utilized by the Secretary to repair, remove or take other remedial action with respect to a deficient dam under the authority in section 22 of the Act. The Fund may also be used to defray administrative costs incurred by the Secretary or the Authority.

20.3. Each loan shall be in an amount that covers the reasonable and necessary cost of a project for which funds are sought by the applicant and which are not provided by other available sources. Dam owners may use multiple programs or sources to fund the rehabilitation costs for a deficient dam, up to 100 percent of rehabilitation costs. Dam owners cannot exceed 100 percent funding from multiple programs or sources and must provide the Secretary with any multiple source accounting to verify that the loan amount plus the additional sources of funding do not exceed 100 percent.

20.4. List of Deficient Dams. -- A State List of Deficient Dams shall be developed and updated periodically by the Secretary utilizing a priority ranking system, including, but not limited to, the following factors: size of dam and reservoir; condition of dam and its appurtenances; and hazard potential to life and property.

W. Va. Code R. § 47-34-20