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.