SB884: Impoundment structures; notice of increase in the flow of water, civil penalties.


SENATE BILL NO. 884
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources
on January 31, 2013)
(Patron Prior to Substitute--Senator Deeds)
A BILL to amend and reenact § 10.1-613.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-609.3, relating to impoundment structures and notice of an increase in the flow of water; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 10.1-613.5 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-609.3 as follows:

§ 10.1-609.3. Notice of increase in flow of water; penalty.

A. Except as provided in subsection B, no owner of a high hazard potential impounding structure shall increase the flow of water in a manner that increases water depths greater than two feet measured below the impounding structure until at least 24 hours and no more than two months have passed after notifying (i) all known owners of occupied or developed riparian property identified within the dam break inundation zone and (ii) the police, fire, and rescue services, or equivalent emergency services organizations that are identified in the dam safety emergency action plan and that serve the localities in which the landowners described in clause (i) are located.

B. This section does not apply to a release from an impounding structure's outlet works due to a rain event, except where manual controls are used, unless used in case of the risk of imminent impounding structure failure. This section does not apply to an emergency release to prevent imminent impounding structure failure in accordance with § 10.1-608, to potential emergency conditions managed pursuant to a dam safety emergency action plan submitted pursuant to subsection D of § 10.1-606.2, or to a release from an impounding structure with operable 24/7 automatic gate controls unless such gates are being manually controlled.

C. A dam owner that fails to provide sufficient notice in accordance with this section shall be subject to civil penalties pursuant to § 10.1-613.2. Civil penalties assessed under this section shall be paid into the Dam Safety Administrative Fund, established pursuant to § 10.1-613.5, and shall be used for the administration of the dam safety program.

§ 10.1-613.5. Program administration fees; establishment of Dam Safety Administrative Fund.

A. The Board is authorized to establish and collect application fees from any applicant to be deposited into the Dam Safety Administrative Fund established pursuant to subsection B. Permit applications shall not be reviewed without a full payment of the required fee. Virginia Soil and Water Conservation Districts shall be exempt from all fees established pursuant to this section.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Dam Safety Administrative Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. The Fund shall consist of permit application fees authorized under subsection A and civil penalties authorized under subsection C of § 10.1-609.3 and shall be used for the administration of the dam safety program, including actions taken in accordance with §§ 10.1-608, 10.1-609, and 10.1-613. All such funds shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.

2. That the Department of Conservation and Recreation shall promulgate appropriate guidance to facilitate the efficient and effective implementation of the provisions of § 10.1-609.3 as added by this act, including the avoidance of any disruption in the operation of essential public services such as public stormwater or water utility facilities or electric generation facilities and associated infrastructure, upon the written request by any owner of such facilities to the Director of the Department of Conservation and Recreation.


SENATE BILL NO. 884
FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by Senator Deeds
on January 22, 2013)
(Patron Prior to Substitute--Senator Deeds)
A BILL to amend and reenact §§ 10.1-606.2 and 10.1-613.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-609.3, relating to impoundment structures and notice of an increase in the flow of water; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §§ 10.1-606.2 and 10.1-613.5 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-609.3 as follows:

§ 10.1-606.2. Mapping of dam break inundation zones.

A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations may be used for this purpose.

B. All maps prepared in accordance with subsection A shall be filed with the Department of Conservation and Recreation and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides.

C. Owners of impounding structures may be eligible for matching grants of up to 50 percent from the Dam Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the Director to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations.

D. All properties identified within the dam break inundation zone shall be incorporated by the owner into the dam safety emergency action plan of that impounding structure so as to ensure the proper notification of persons downstream and other affected persons or property owners in the event of an emergency condition at the impounding structure.

E. The dam safety emergency action plans and associated dam break inundation zone maps developed in accordance with the Impounding Structure Regulations (4VAC50-20) shall be submitted to the Department, the local organization for emergency management, and the Virginia Department of Emergency Management and shall be available to the public, including interested owners of property within the dam break inundation zones, from these entities, except for information within subdivision 4 or 6 of § 2.2-3705.2 as designated by the dam owner.

§ 10.1-609.3. Notice of increase in flow of water; penalty.

A. Notwithstanding subsection B, no owner of a high or significant hazard potential impounding structure shall increase the flow of water in a manner that increases water depths greater than two feet measured immediately below the dam until at least 24 hours and no more than two months have passed after notifying (i) all known owners of occupied or developed riparian property identified within the dam break inundation zone or, if no dam break inundation zone has been mapped, those owners of occupied or developed riparian property located within 10 miles downstream of the dam and (ii) the police, fire, and rescue services, or equivalent emergency services organizations, that serve the localities in which the landowners described in clause (i) are located.

B. This section does not apply to an emergency release to prevent imminent dam failure in accordance with § 10.1-608 or to a release from a dam with operable 24/7 automatic gate controls unless such gates are being manually controlled. This section does not apply to the owner of a dam or impounding structure connected to or associated with an electric power generation or public stormwater or water utility facility.

C. A dam owner that fails to provide sufficient notice in accordance with this section shall be subject to civil penalties pursuant to § 10.1-613.2. Civil penalties assessed under this section shall be paid into the Dam Safety Administrative Fund, established pursuant to § 10.1-613.5, and shall be used for the administration of the dam safety program.

§ 10.1-613.5. Program administration fees; establishment of Dam Safety Administrative Fund.

A. The Board is authorized to establish and collect application fees from any applicant to be deposited into the Dam Safety Administrative Fund established pursuant to subsection B. Permit applications shall not be reviewed without a full payment of the required fee. Virginia Soil and Water Conservation Districts shall be exempt from all fees established pursuant to this section.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the Dam Safety Administrative Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. The Fund shall consist of permit application fees authorized under subsection A and civil penalties authorized under subsection C of § 10.1-609.3 and shall be used for the administration of the dam safety program, including actions taken in accordance with §§ 10.1-608, 10.1-609, and 10.1-613. All such funds shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director.


SENATE BILL NO. 884
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources
on January 17, 2013)
(Patron Prior to Substitute--Senator Deeds)
A BILL to amend and reenact § 10.1-606.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-609.3, relating to impoundment structures and notice of an increase in the flow of water; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 10.1-606.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-609.3 as follows:

§ 10.1-606.2. Mapping of dam break inundation zones.

A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations may be used for this purpose.

B. All maps prepared in accordance with subsection A shall be filed with the Department of Conservation and Recreation and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides.

C. Owners of impounding structures may be eligible for matching grants of up to 50 percent from the Dam Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the Director to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations.

D. All properties identified within the dam break inundation zone shall be incorporated by the owner into the dam safety emergency action plan of that impounding structure so as to ensure the proper notification of persons downstream and other affected persons or property owners in the event of an emergency condition at the impounding structure.

E. The dam safety emergency action plans and associated dam break inundation zone maps developed in accordance with the Impounding Structure Regulations (4VAC50-20) shall be submitted to the Department, the local organization for emergency management, and the Virginia Department of Emergency Management, and shall be available to the public, including interested owners of property within the dam break inundation zones, from these entities.

§ 10.1-609.3. Notice of increase in flow of water; penalty.

A. Notwithstanding subsection B, no owner of a high or significant hazard potential impounding structure shall increase the flow of water in a manner that increases water depths greater than two feet measured immediately below the dam until at least 24 hours and no more than two months have passed after notifying (i) all known owners of occupied or developed riparian property identified within the dam break inundation zone or, if no dam break inundation zone has been mapped, those owners of occupied or developed riparian property located within 10 miles downstream of the dam and (ii) the police, fire, and rescue services, or equivalent emergency services organizations, that serve the localities in which the landowners described in clause (i) are located.

B. This section does not apply to an emergency release to prevent imminent dam failure in accordance with § 10.1-608 or to a release from a dam with operable 24/7 automatic gate controls unless such gates are being manually controlled. This section does not apply to the owner of a dam or impounding structure connected to or associated with an electric power generation facility.

C. A dam owner that fails to provide sufficient notice in accordance with this section shall be subject to civil penalties pursuant to § 10.1-613.2. Civil penalties assessed under this section shall be paid into the Dam Safety Administrative Fund, established pursuant to § 10.1-613.5, and shall be used for the administration of the dam safety program.

SENATE BILL NO. 884

Offered January 9, 2013
Prefiled January 4, 2013
A BILL to amend and reenact 10.1-606.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-609.3, relating to impoundment structures and notice of an increase in the flow of water; penalty.
Patron-- Deeds

Referred to Committee on Agriculture, Conservation and Natural Resources

Be it enacted by the General Assembly of Virginia:

1.  That 10.1-606.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 10.1-609.3 as follows:

10.1-606.2. Mapping of dam break inundation zones.

A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations (4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations may be used for this purpose.

B. All maps prepared in accordance with subsection A shall be filed with the Department of Conservation and Recreation and with the offices with plat and plan approval authority or zoning responsibilities as designated by the locality for each locality in which the dam break inundation zone resides.

C. Owners of impounding structures may be eligible for matching grants of up to 50 percent from the Dam Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the Director to assist in the development of dam break inundation zone maps and for conducting incremental damage assessments in accordance with the Virginia Impounding Structure Regulations.

D. All properties identified within the dam break inundation zone shall be incorporated by the owner into the dam safety emergency action plan of that impounding structure so as to ensure the proper notification of persons downstream and other affected persons or property owners in the event of an emergency condition at the impounding structure.

E. An owner of an impounding structure shall make the dam's current emergency action plans and reservoir regulation protocols available to all owners of property identified within the dam break inundation zone and all owners of downstream riparian property within 10 miles of the dam.

10.1-609.3. Notice of increase in flow of water; penalty.

No dam owner shall manipulate the structure of a dam to substantially increase the flow of water until at least 24 hours and no more than two months have passed after notifying (i) those downstream riparian landowners located within 10 miles of the dam and (ii) the police, fire, and rescue services, or equivalent emergency service organizations, that serve the localities in which the landowners described in clause (i) are located. Dam owners failing to provide sufficient notice in accordance with this section shall be subject to civil penalties pursuant to 10.1-613.2. Civil penalties assessed under this section shall be paid into the Flood Prevention and Protection Assistance Fund, established pursuant to 10.1-603.17, and shall be used for the administration of the dam safety program.