HB3269 H JUD AM #1 3-23

Casto 3264

The Committee on the Judiciary moved to amend the Bill on page one, immediately following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following:

Be it enacted by the Legislature of West Virginia:

Article 14. Dam control act.

§22-14-22. Authority of Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner.

(a) The secretary may assume full charge and responsibility over a dam and may expend money from the Dam Safety Rehabilitation Revolving Fund for the purpose of repair or removal of the dam or other remedial action, if:

(1) The dam is a deficient dam;

(2) The dam is privately owned; and

(3) The owner is a noncompliant dam owner.

(b) All costs incurred by the secretary to repair or remove the dam or take other remedial action shall be promptly repaid by the owner upon request or, if not repaid, the secretary may recover costs and damages from the owner by appropriate civil action. Moneys obtained from the civil action shall be promptly deposited in the fund: Provided, That the secretary shall assume all costs necessary for certification by a registered professional engineer and permitting under this section before the secretary may recover costs and damages from an owner by civil action.