W. Va. Code R. § 47-34-26

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

Section 47-34-26 - Owner's Responsibilities

Once a loan has been granted under this rule, the owner or owners of a dam shall cooperate with the Secretary by:

26.1. Facilitating access to the dam and its appurtenances;

26.2. Making available all records maintained pursuant to the provisions of this rule for inspection by the Secretary upon request and where appropriate by the Authority;

26.3. Furnishing the Secretary with all plans, specifications, operation and maintenance data, instrumentation data, and other information pertinent to the dam and its appurtenances, or the loan;

26.4. Providing the Secretary with an operation and maintenance plan;

26.5. Maintaining the dam and appurtenances in the state of repair and operating condition required by the exercise of prudence; due regard for life or property; the application of sound and accepted engineering principles; and provisions of this rule;

26.6. Developing a monitoring and emergency action plan for the approval of the Secretary and implementing the plan upon approval;

26.7. Providing the Secretary with written, regularly scheduled reports describing progress toward repair or removal of the dam; and

26.8. Demonstrating the ability to appropriately operate and maintain the dam after rehabilitation is complete.

W. Va. Code R. § 47-34-26