WVC 22 - 14 - 11
§22-14-11. Requirements for dams completed prior to effective date
of this section.
The secretary shall give notice to file an application for a
certificate of approval to every owner of a dam which was completed
prior to the effective date of this section: Provided
, That no
such notice need be given to a person who has applied for and
obtained a certificate of approval on or after the first day of
July, one thousand nine hundred seventy-three, in accordance with
the provisions of the prior enactment of section five of this
article. The notice shall be given by certified or registered
mail, return receipt requested, to the owner at his or her last
address of record in the office of the county assessor of the
county in which the dam is located; mailing constitutes service.
A separate application for each dam a person owns shall be filed
with the director in writing upon forms supplied by him or her and
shall include or be accompanied by appropriate information
concerning the dam as the secretary requires.
The secretary shall make inspections of such dams or
reservoirs at state expense. The secretary shall require owners of
dams to perform at their expense work or tests as may reasonably be
required to disclose information sufficient to enable the secretary
to determine whether to issue a certificate of approval or to issue
an order directing further work at the owner's expense necessary to
safeguard life and property. For this purpose, the secretary may
require an owner to lower the water level of, or to empty, water impounded by the dam adjudged by the secretary to be unsafe. If,
upon inspection or upon completion to the satisfaction of the
secretary of all work that he or she ordered, the secretary finds
that the dam is safe to impound water, a certificate of approval
shall be issued.