The standards contained within the Virginia Erosion and Sediment
Control Regulations, the Virginia Erosion and Sediment Control Handbook
and this chapter are to be used by the applicant when making a submittal
under the provisions of this chapter and in the preparation of an
erosion and sediment control plan. The VESCP plan approving authority
(Department of Planning and Zoning), in considering the adequacy of
a submitted plan, shall be guided by the same standards, regulations
and guidelines. When the standards vary between the publications,
the state regulations shall take precedence.
The VESCP plan approving authority has the authority for the
administration and enforcement of the provisions of this chapter.
A.
In reviewing plans, the VESCP plan approving authority may seek or
receive recommendations or comments from the Virginia Department of
Transportation, the Virginia Department of Health, the Virginia Department
of Environmental Quality, the Chesapeake Bay Local Assistance Department
and such other federal, state or local agencies that the administrator
deems appropriate.
B.
The plan shall be approved, within 45 days from receipt thereof,
if such plan meets the requirements of this chapter and if the person
responsible for carrying out the plan certifies that he or she will
properly perform the control measures included in the plan as required
by this chapter.
C.
When the plan is determined to be inadequate, written notice of disapproval
stating the specific reasons for disapproval shall be communicated
to the applicant within 45 days. The notice shall specify such modifications,
terms and conditions that will permit approval of the plan. If no
action is taken within 45 days, the plan shall be deemed approved
and the person authorized to proceed with the proposed activity.
D.
The VESCP plan approving authority shall review erosion and sediment
control plans submitted to it and grant written approval within 60
days of the receipt of the plan if it determines that the plan meets
the requirements of the Erosion and Sediment Control Law and the Board's
regulations, and if the person responsible for carrying out the plan
certifies that he will properly perform the measures included in the
plan and will conform to the provisions of this chapter. In addition,
as a prerequisite to engaging in the land-disturbing activities shown
on the approved plan, the person responsible for carrying out the
plan shall provide the name of the responsible land disturber to the
program authority, as provided by § 62.1-44.15:52, of the
Virginia Erosion and Sediment Control Law, who will be in charge of
and responsible for carrying out the land-disturbing activity. Failure
to provide the name of the responsible land disturber prior to engaging
in land-disturbing activities may result in revocation of the approval
of the plan, and the person responsible for carrying out the plan
shall be subject to the penalties provided in the chapter.
E.
The VESCP plan approving authority shall act on any erosion and sediment
control plan that has been previously disapproved within 45 days after
the plan has been revised, resubmitted for approval, and deemed adequate.
F.
However, the plan approving authority may waive the certificate of
competence requirement for an agreement in lieu of a plan for construction
of a single-family residence. If a violation occurs during the land-disturbing
activity, then the person responsible for carrying out the agreement
in lieu of a plan shall correct the violation and provide the name
of an individual holding a certificate of competence (the responsible
land disturber), as provided by § 62.1-44.15:52 of the Virginia
Erosion and Sediment Control Law. Failure to provide the name of an
individual holding a certificate of competence shall be a violation
of this chapter.
A.
The VESCP plan approving authority may require changes to an approved
plan when:
(1)
The inspection has revealed the inadequacy of the plan to accomplish
the erosion and sediment control objectives of this chapter; or
(2)
The person responsible for carrying out the approved plan finds that
because of changed circumstances or for other reasons, the approved
plan cannot be effectively carried out, and proposed amendments to
the plan are necessary consistent with the requirements of this chapter
and are agreed to by the plan approving authority and the person responsible
for carrying out the plans.
B.
Variances. The VESCP plan approving authority may waive or modify
any of the standards that are deemed to be inappropriate or too restrictive
for site conditions by granting a variance. A variance may be granted
under these conditions:
(1)
At the time of plan submission, an applicant may request a variance
to become part of the approved erosion and sediment control plan.
The applicant shall explain the reasons for requesting variances in
writing. Specific variances which are allowed by the plan approving
authority shall be documented in the plan.
(2)
During construction, the person responsible for implementing the
approved plan may request a variance in writing from the plan approving
authority. If the plan approving authority does not approve a variance
within 10 days of receipt, the request shall be considered to be disapproved.
Following disapproval, the applicant may resubmit a variance request
with additional documentation.
(3)
The VESCP authority shall consider variance requests judiciously,
keeping in mind both the need of the applicant to maximize cost effectiveness
and the need to protect off-site properties and resources from damage.
