Virginia House Bill HB216

Virginia 2024 Regular Session

• Introduced: 1/4/24
• Refer: 1/4/24
• Report Pass: 1/24/24

Caption

Impounding structures, certain; variances to general permit requirements.

Impact

The bill specifies that owners must prepare a simplified emergency preparedness plan and conduct annual inspections of their impounding structures. This proactive approach reinforces safety standards and prepares owners for emergency scenarios, thereby potentially reducing risks related to flooding and structural failures. Additionally, the bill provides a six-year term for general permit coverage, after which owners are required to reapply, ensuring ongoing compliance with state regulations.

Summary

House Bill 216, aims to regulate low hazard potential impounding structures through the introduction of a general permit framework. The bill stipulates the requirements for owners to register their structures with the Department of Conservation and Recreation, including details such as location, height, and volume of water impounded. This registration is vital for the state to maintain oversight on structures that could pose a risk to public safety. The general permit process is designed to streamline the compliance protocol for owners while ensuring essential safety measures are maintained.

Contention

Notable points of contention surrounding HB216 include the implications of allowing owners to seek variances from the general permit requirements. While the ability to request variances may aid owners in certain circumstances, concerns about the potential risks involved in fewer regulatory constraints have been raised. The bill's provisions for immediate notification in case of failure or imminent failure further emphasize the responsibility placed on owners to safeguard public interest, but it also brings forth discussions about the adequacy of penalties for non-compliance, which might not deter negligence effectively.