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2006 SESSION

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HB 597 Dam safety; penalties.

Introduced by: Beverly J. Sherwood | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Dam safety; penalties.  Provides the Virginia Soil and Water Conservation Board and the Department of Conservation with the enforcement tools needed to ensure the safety of Virginia's dams, and includes due process procedures to protect dam owners. The Department is given the authority to monitor and inspect any alteration or construction of the dam. The bill imposes a Class 3 misdemeanor penalty on an owner who knowingly (i) operates, constructs, or alters a dam without the approval of the Department, or (ii) obstructs, hinders, or prevents the Virginia Soil and Water Conservation Board, or its agents from performing their dam safety duties. The Board also has the option of imposing civil penalties, not to exceed $25,000, for violations of the Dam Safety Act. The moneys collected from the imposition of civil penalties will be deposited in the Flood Prevention and Protection Assistance Fund.

SUMMARY AS INTRODUCED:

Dam safety; penalties.  Provides the Virginia Soil and Water Conservation Board and the Department of Conservation with the enforcement tools needed to ensure the safety of Virginia's dams, and includes due process procedures to protect dam owners. The bill exempts Department records on the operation of certain dams from disclosure under the Freedom of Information Act. It makes it illegal once a dam is designated as unsafe for an owner to refuse entry to state employees for the purpose of inspecting the dam or taking corrective action. The Department is given the authority to monitor and inspect any alteration or construction of the dam. The bill imposes Class 3 misdemeanor penalties as well as civil penalties for violations of the Dam Safety Act. The moneys collected from the imposition of civil penalties will be deposited in the Flood Prevention and Protection Assistance Fund.