10.1-608 - Unsafe dams presenting imminent danger. - Virginia Statutes

§ 10.1-608. Unsafe dams presenting imminent danger.

When the Director finds an unsafe dam constituting an imminent danger to lifeor property, he shall immediately notify the Department of EmergencyManagement and confer with the owner. The owner of a dam found to constitutean imminent danger to life or property shall take immediate correctiveaction. If the owner does not take appropriate and timely action to correctthe danger found, the Governor shall have the authority to take immediateappropriate action, without the necessity for a hearing, to remove theimminent danger. The Attorney General may bring an action against the ownerof the impounding structure for the Commonwealth's expenses in removing theimminent danger. There shall be a lien upon the owner's real estate for theCommonwealth's expenses in removing the imminent danger. The owner may avoidthe Commonwealth's costs, and recover any damages, upon proving that the damwas known to be safe at the time such action was taken, and that the ownerhad provided or offered to immediately provide such proof to the Directorbefore the action complained of was taken. Nothing herein shall in any waylimit any authority existing under the Emergency Services and Disaster Law (§44-146.13 et seq.).

(1982, c. 583, § 62.1-115.5; 1986, c. 9; 1988, c. 891.)