                                 CODE OF VIRGINIA

GENERAL PERMIT FOR CERTAIN IMPOUNDING STRUCTURES (§ 10.1-605.3)

A. The Board shall develop a general permit for the regulation of low hazard
potential impounding structures in accordance with &#xA7; 10.1-605.

B. The regulations shall include the following:

   1. A registration statement requiring:
   				a. The name and address of the owner;
   				b. The location of the impounding structure;
   				c. The height of the impounding structure;
   				d. The volume of water impounded;
   				e. The results of a safety inspection conducted by a licensed professional
   engineer consistent with &#xA7; 10.1-607 upon initial application for a permit
   or, for a newly constructed impounding structure, a complete records report as
   required in the Impounding Structure Regulations (4VAC50-20-70) for a
   construction permit; and
   				f. A certification from the owner that the impounding structure (i) is
   classified as low hazard pursuant to a determination by the Department or the
   owner&#8217;s professional engineer in accordance with &#xA7; 10.1-604.1; (ii)
   is, to the best of his knowledge, properly and safely constructed; (iii)
   currently has no observable deficiencies or, if deficiencies exist, such
   deficiencies shall be corrected in a timeframe and manner acceptable by the
   Department; and (iv) shall be maintained and operated in accordance with the
   provisions of the general permit.

   2. A spillway design flood requirement of the 100-year flood. When no critical
   infrastructure, as defined in &#xA7; 44-146.28:2, public highway, or any
   access to a public utility, as defined in &#xA7; 56-232, is determined to be
   within the dam break inundation zone, the spillway design flood requirement
   may be reduced to the 50-year flood if approved by the Department.

   3. A simplified emergency preparedness plan that provides:
   				a. Name and location information for the impounding structure;
   				b. Name of owner and operator and associated contact information;
   				c. Contact information for relevant emergency responders;
   				d. Procedures for notifying downstream property owners or occupants; and
   				e. Identification of any downstream roadways that would be impacted by a
   failure.

   4. An annual inspection of the impounding structure by the owner. No
   inspection of the impounding structure by a licensed professional engineer
   shall be required if the owner certifies at the time of general permit
   coverage renewal that conditions at the impounding structure and downstream
   are unchanged.

   5. Procedures for seeking and issuing coverage under the general permit.

   6. A six-year term of coverage under the general permit after which time the
   owner shall reapply for coverage by filing a new registration statement. The
   Board may, by regulation, establish a fee for the processing of registration
   statements.

C. The owner shall notify the Department immediately of any change in
circumstances that would cause the impounding structure to no longer qualify for
coverage under the general permit. In the event of a failure or an imminent
failure at the impounding structure, the owner shall immediately notify the
local emergency management coordinator, the Department of Emergency Management,
and the Department. The Department shall take actions in accordance with &#xA7;
10.1-608 or 10.1-609, depending on the degree of hazard and the imminence of
failure caused by the unsafe condition.

D. Failure to comply with the provisions of the general permit may result in
penalties assessed in accordance with &#xA7;&#xA7; 10.1-609 and 10.1-613.1.

E. In order to qualify for the protections of &#xA7; 10.1-606.3, a dam owner
eligible for a general permit shall file a dam break inundation zone map with or
provide the limits of the inundation study in an acceptable electronic format to
the Department. The dam owner shall also file such dam break inundation zone map
or such limits of the inundation zone in an acceptable electronic format with
the offices with plat and plan approval authority or zoning responsibilities as
designated by the locality and the local emergency management coordinator as
designated by the locality for each locality in which the dam break inundation
zone resides in accordance with &#xA7; 10.1-606.2.

F. The Board may establish reduced minimum performance and maintenance standards
in a general permit for a low hazard potential impounding structure that is not
expected to cause loss of human life or economic damage to any property except
property owned by the owner if such impounding structure fails.

HISTORY: 2011, c. 637; 2025, cc. 228, 241.