[HISTORY: Adopted by the Board of Supervisors of Amelia County 4-16-2014. Amendments noted where applicable.]
A.
The purpose of this chapter is to ensure the general health, safety,
and welfare of the citizens of Amelia County, Virginia, and protect
the quality and quantity of state waters from the potential harm of
unmanaged stormwater, including protection from land disturbing activities
causing unreasonable degradation of properties, water quality, stream
channels, and other natural resources, and to establish procedures
whereby stormwater requirements related to water quality and quantity
shall be administered and enforced.
B.
This chapter is adopted pursuant to Article 2.3 (§ 62.1-44.15:24
et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
In addition to the definitions set forth in 9 VAC 25-870-10
of the Virginia Stormwater Management Regulations, as amended, which
are expressly adopted and incorporated herein by reference, the following
words and terms used in this chapter have the following meanings unless
otherwise specified herein. Where definitions differ, those incorporated
herein shall have precedence.
The County Administrator for Amelia County who is authorized
to delegate duties and responsibilities set forth in this chapter
to qualified technical personnel, plan examiners, inspectors, and
other employees or third parties.
A contract between the County and the owner or permittee
that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence;
such contract may be executed by the County in lieu of a stormwater
management plan.
Any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
Schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures,
and other management practices to prevent or reduce the pollution
of surface waters and groundwater systems from the impacts of land
disturbing activities.
The Board of Supervisors of Amelia County, Virginia.
The Federal Clean Water Act (33 U.S.C. § 1251 et
seq.), formerly referred to as the "Federal Water Pollution Control
Act" or "Federal Water Pollution Control Act Amendments of 1972,"
Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576,
Public Law 96-483, and Public Law 97-117, or any subsequent revisions
thereto.
A contiguous area where separate and distinct construction
activities may be taking place at different times on difference schedules.
For the purpose of this chapter, the term shall not include individual
lots within existing residential, commercial or industrial site plans
and subdivision plans that were platted prior to July 1, 2004, and
which are considered separate land disturbing activities.
Any best management practice or stormwater facility, or other
method used to minimize the discharge of pollutants to state waters.
The Virginia Department of Environmental Quality.
Land disturbance and the resulting landform associated with
the construction of residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or structures or
the clearing of land for nonagricultural or nonsilvicultural purposes.
The state permit titled "General Permit for Discharges of
Stormwater from Construction Activities" found in 9 VAC 25-880-1 et
seq. of the Regulations authorizing a category of discharges under
the CWA and the Act within a geographical area of the Commonwealth
of Virginia.
A man-made change to the land surface that potentially changes its runoff characteristics, including clearing, grading, or excavation, except that the term shall not include those exemptions specified in § 308-3B of this chapter.
An amendment to an existing permit before its expiration
not requiring extensive review and evaluation including, but not limited
to, changes in EPA-promulgated test protocols, increasing monitoring
frequency requirements, changes in sampling locations, and changes
to compliance dates within the overall compliance schedules. A minor
permit modification or amendment does not substantially alter permit
conditions, substantially increase or decrease the amount of surface
water impacts, increase the size of the operation, or reduce the capacity
of the facility to protect human health or the environment.
The owner or operator of any facility or activity subject
to regulation under this chapter.
The person to whom the stormwater management permit is issued.
Any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental
body, including federal, state, or local entity as applicable, any
interstate body or any other legal entity.
The Virginia Stormwater Management Program (VSMP) Regulations,
9 VAC 25-870-10 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The land or water area where any facility or land disturbing
activity is physically located or conducted, including adjacent land
used or preserved in connection with the facility or land disturbing
activity.
The Commonwealth of Virginia.
The State Water Control Board.
Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1
of the Code of Virginia.
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
Precipitation that is discharged across the land surface
or through conveyances to one or more waterways and that may include
stormwater runoff, snowmelt runoff, and surface runoff and drainage.
An approval to conduct a land disturbing activity issued
by the Administrator for the initiation of a land disturbing activity,
in accordance with this chapter, and which may only be issued after
evidence of general permit coverage has been provided by the Department.
A document or compilation of documents containing materials meeting the requirements of § 308-6 of this chapter.
A document or compilation of documents meeting the requirements of § 308-5 of this chapter and which includes, at minimum, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.
The sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background
loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure. The
TMDL process provides for point versus nonpoint source trade-offs.
A website that contains detailed design standards and specifications
for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated
regulations.
Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
The County.
The program established by the County to manage the quality
and quantity of runoff resulting from land disturbing activities in
accordance with state law, and which has been approved by the SWCB.
A.
Except as provided herein, no person may engage in any land disturbing
activity until a stormwater management permit has been issued by the
Administrator in accordance with the provisions of this chapter.
B.
Notwithstanding any other provisions of this chapter, the following
activities are exempt, unless otherwise required by federal law:
(1)
Permitted surface or deep mining operations and projects, or oil
and gas operations and projects conducted under the provisions of
Title 45.1 of the Code of Virginia;
(2)
Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia;
(3)
Single-family residences separately built and disturbing less than
one acre and not part of a larger common plan of development or sale,
including additions or modifications to existing single-family detached
residential structures;
(4)
Land disturbing activities that disturb less than one acre of land
area and which are not part of a larger common plan of development
or sale that is one acre or greater of disturbance;
(5)
Discharges to a sanitary sewer or a combined sewer system;
(6)
Activities under a state or federal reclamation program to return
an abandoned property to an agricultural or open land use;
(7)
Routine maintenance that is performed to maintain the original line
and grade, hydraulic capacity, or original construction of the project.
The paving of an existing road with a compacted or impervious surface
and reestablishment of existing associated ditches and shoulders shall
be deemed routine maintenance if performed in accordance with this
subsection; and
(8)
Conducting land disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land disturbing activity and compliance with the requirements of § 308-7 of this chapter is required within 30 days of commencing the land disturbing activity.
A.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the County hereby establishes a Stormwater Management Program for land disturbing activities and adopts the applicable Regulations that specify standards and specifications for such programs promulgated by the State Board for the purposes set out in § 308-1 of this chapter. The Board hereby designates the County Administrator of Amelia County as the Administrator of the Stormwater Management Program. The program and regulations provided for in this chapter shall be made available for public inspection at the Administrator's office.
B.
No stormwater management permit shall be issued by the Administrator
until the following items have been submitted to and approved by the
Administrator as prescribed herein:
(1)
A permit application that includes a general permit registration
statement, if such a statement is required, which, among other things,
certifies that a stormwater pollution prevention plan (SWPPP) has
been prepared in accordance with state law;
[Amended 8-20-2014]
C.
No stormwater management permit shall be issued until evidence of
general permit coverage is obtained from DEQ.
E.
No stormwater management permit shall be issued unless and until
the stormwater management permit application and attendant materials
and supporting documentation demonstrate that all land clearing, construction,
disturbance, land development and drainage will be done according
to the approved stormwater management plan.
F.
No grading, building or other local permit shall be issued for a
property unless a stormwater management permit has been issued by
the Administrator, and the applicant provides a certification that
all land clearing, construction, disturbance, land development and
drainage will be done according to the approved permit conditions.
G.
As a condition of permit approval, a construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator upon completion of construction. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Construction record drawings may not be required for stormwater management facilities for which maintenance agreements are not required pursuant to § 308-10B.
H.
Notwithstanding the foregoing requirements or any other requirements of this chapter, for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale, no general permit registration statement is required nor is payment of the Department portion of the permit fee, provided that all state regulatory requirements are met. The land disturbing remains subject to the remaining provisions of this chapter, including but not limited to the SWPPP requirements set forth in §§ 308-5 and 308-8, except as otherwise provided by law.
A.
The stormwater pollution prevention plan (SWPPP) that is required to be prepared before a registration statement for general permit coverage may be submitted to DEQ for approval [as referenced in § 308-4B(1)] shall include the content specified by 9 VAC 25-870-54, 9 VAC 25-880-70, and any other applicable regulations including, but not limited to:
B.
The SWPPP shall be amended by the operator whenever there is a change
in design, construction, operation, or maintenance that has a significant
effect on the discharge of pollutants to state waters which is not
addressed by the existing SWPPP. The SWPPP shall also be amended by
the operator if an inspection reveals that the SWPPP is inadequate
to satisfy applicable regulations. All amendments must be approved
by the Administrator, as required.
C.
The SWPPP must be maintained by the operator at a central location
on site for use by those identified as having responsibilities under
the SWPPP whenever they are on the construction site. If an on-site
location is unavailable to store the SWPPP when no personnel are present,
notice of the SWPPP's location must be posted near the main entrance
of the construction site. The SWPPP must be made available for public
review in an electronic format or in hard copy as required by the
regulations.
A.
The stormwater management plan, required in § 308-4B(3) of this chapter, must apply the stormwater management technical criteria set forth in § 308-8 of this chapter to the entire land disturbing activity. Individual lots in new residential, commercial or industrial developments, including those developed under subsequent owners, shall not be considered separate land disturbing activities. A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff, and include the following information:
[Amended 8-20-2014]
(1)
Contact information including the name, address, and telephone number
of the owner and the tax reference number and parcel number of the
property or properties affected.
(2)
Information on the type and location of stormwater discharges; information
on the features to which stormwater is being discharged including
surface waters or karst features, if present, and the predevelopment
and post-development drainage areas.
(3)
A narrative that includes a description of current site conditions
and final site conditions.
(4)
A general description of the proposed stormwater management facilities
and the mechanism through which the facilities will be operated and
maintained after construction is complete.
(6)
Hydrologic and hydraulic computations, including runoff characteristics.
(7)
Documentation and calculations verifying compliance with the water quality and quantity requirements of § 308-8 of this chapter.
(8)
A map or maps of the site that depict the topography of the site
and include:
(a)
All contributing drainage areas;
(b)
Existing streams, ponds, culverts, ditches, wetlands, other
water bodies, and floodplains;
(c)
Soil types, geologic formations if karst features are present
in the area, forest cover, and other vegetative areas;
(d)
Current land use including existing structures, roads, and locations
of known utilities and easements;
(e)
Sufficient information on adjoining parcels to assess the impacts
of stormwater from the site on these parcels;
(f)
The limits of clearing and grading, and the proposed drainage
patterns on the site;
(g)
Proposed buildings, roads, parking areas, utilities, and stormwater
management facilities; and
(h)
Proposed land use with tabulation of the percentage of surface
area to be adapted to various uses, including but not limited to planned
locations of utilities, roads, and easements.
B.
Individual lots in new residential, commercial or industrial developments
shall not be considered separate land disturbing activities.
C.
If an operator intends to meet the water quality and/or quantity requirements set forth in § 308-8 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land disturbing activity except as otherwise allowed by § 62.1-44.15:35 of the Code of Virginia.
D.
Elements of a stormwater management plan that include activities regulated under Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia.
A.
The Administrator shall review stormwater management plans and shall
approve or disapprove such plans as follows:
(1)
The Administrator shall determine the completeness of a plan in accordance with § 308-6 of this chapter and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete.
(2)
The Administrator shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in Subsection A(1), then plan shall be deemed complete and the Administrator shall have 60 calendar days from the date of submission to review the plan.
(3)
The Administrator shall review any plan that has been previously
disapproved within 45 calendar days of the date of resubmission.
(4)
During the review period, the plan shall be approved or disapproved
and the decision communicated in writing to the person responsible
for the land disturbing activity or his designated agent. If the plan
is not approved, the reasons for not approving the plan shall be provided
in writing. Approval or denial shall be based on the plan's compliance
with the requirements of this chapter.
B.
Approved stormwater management plans may be modified as follows:
(1)
Modifications to an approved stormwater management plan shall be
allowed only after review and written approval by the Administrator.
The Administrator shall have 60 calendar days to respond in writing
either approving or disapproving such request.
(2)
The Administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the Administrator, to
address any deficiencies noted during inspection.
C.
The Administrator shall require the submission of a construction record drawing for permanent stormwater management facilities once construction is completed. The Administrator may elect not to require construction record drawings for stormwater management facilities for which recorded maintenance agreements are not required pursuant to § 308-10B.
A.
To protect the quality and quantity of state waters from the potential
harm of unmanaged stormwater runoff resulting from land disturbing
activities, the County hereby adopts the technical criteria for regulated
land disturbing activities set forth in Part II B of the Regulations,[1] as amended, which shall apply to all land disturbing activities regulated pursuant to this chapter, except as expressly set forth in Subsection B of this section.
[1]
Editor's Note: See 9 VAC 25-870-62 et seq.
B.
Notwithstanding the foregoing, any land disturbing activity proposed
to occur pursuant to a plan of development proffered as part of a
conditional rezoning and approved by the governing body; any other
plan of development or site plan approved by the County, including
any plan approved pursuant to a rezoning request, a variance request,
or a request for a special use permit; an approved final subdivision
plat; or an approved preliminary plat where the applicant has diligently
pursued final plat approval within a reasonable period of time under
the circumstances in accordance with § 15.2-2307 of the
Code of Virginia, that was approved by the County prior to July 1,
2012, and for which no coverage under the general permit has been
issued and land disturbing did not commence prior to July 1, 2014,
shall be considered grandfathered and shall not be subject to the
technical criteria of Part II B (of the Regulations), but shall be
subject to the technical criteria of Part II C (of the Regulations)[2] for those areas that were included in the approval, provided
that the Administrator finds that the following criteria apply:
[Amended 8-20-2014; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
The plat includes conceptual drawing(s) sufficient to provide for
the specified stormwater management facilities required at the time
of approval;
(2)
The resulting land disturbing activity will be compliant with the
requirements of Part II C (of the Regulations); and
(3)
In the event that the approved plat is subsequently modified or amended
in a manner such that there is no increase over the previously approved
plat in the amount of phosphorus leaving each point of discharge of
the land disturbing activity through stormwater runoff, and such that
there is no increase over the previously approved plat or plan in
the volume or rate of runoff, the grandfathering shall continue as
before.
[2]
Editor's Note: See 9 VAC 25-870-93 et seq.
C.
For local, state, and federal projects for which there has been an
obligation of local, state, or federal funding, in whole or in part,
prior to July 1, 2012, or for which the Virginia Department of Conservation
and Recreation has approved a stormwater management plan prior to
July 1, 2012, such projects shall be considered grandfathered by the
County and shall be subject to the technical requirements of Part
II C of the Regulations for those areas that were included in the
approval, provided general permit coverage has not been issued prior
to July 1, 2014, and land disturbance did not commence prior to July
1, 2014.
[Amended 8-20-2014]
D.
Land disturbing activities grandfathered in Subsection B or C of this section shall remain subject to Part II C technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to the technical requirements of Subsection A above.
[Amended 8-20-2014]
A.
In approving a stormwater management plan as set forth in § 308-8 of this chapter, the Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided the Administrator finds the following:
(1)
The exception is the minimum necessary to afford relief;
(2)
Reasonable and appropriate conditions are imposed so that the intent
of the Act, the Regulations, and this chapter are preserved;
(3)
Granting the exception will not confer any special privileges that
are denied in other similar circumstances; and
(4)
The exception request is not based upon conditions or circumstances
that are self-imposed or self-created. Economic hardship alone is
not sufficient reason to grant an exception from the requirements
of this chapter.
B.
Exceptions to the requirement that the land disturbing activity obtain
a required stormwater management permit shall not be given by the
Administrator, nor shall the Administrator approve the use of a BMP
not found on the Virginia Stormwater BMP Clearinghouse website, or
any other control measure duly approved by the Director of DEQ.
C.
Exceptions to requirements for phosphorus reductions shall not be
allowed unless off-site options otherwise permitted pursuant to 9
VAC 25-870-69 have been considered and found not available.
D.
Nothing in this section shall preclude an operator from constructing
to a more stringent standard at the operator's discretion.
A.
The Administrator shall require the provision of long-term responsibility
for and maintenance of stormwater management facilities and other
techniques specified to manage the quality and quantity of runoff.
Such requirements shall be set forth in an instrument recorded in
the local land records prior to general permit termination or earlier
as required by the Administrator and shall, at a minimum:
(1)
Be submitted to the Administrator for review and approval prior to
the approval of the stormwater management plan;
(2)
Recite that they are intended to "run with the land";
(3)
Provide for all necessary access to the property for purposes of
maintenance and regulatory inspections;
(4)
Provide for inspections and maintenance and the submission of inspection
and maintenance reports to the Administrator; and
(5)
Be enforceable by all appropriate governmental parties.
B.
At the discretion of the Administrator, such recorded instruments
need not be required for stormwater management facilities designed
to treat stormwater runoff primarily from an individual residential
lot on which they are located, provided it is demonstrated to the
satisfaction of the Administrator that future maintenance of such
facilities will be addressed through an enforceable mechanism at the
discretion of the Administrator.
C.
If a recorded instrument is not required pursuant to § 308-10B, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator.
A.
The Administrator shall inspect the land disturbing activity during
construction for:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Compliance with the approved erosion and sediment control plan;
(2)
Compliance with the approved stormwater management plan;
(3)
Development, updating, and implementation of a pollution prevention
plan; and
(4)
Development and implementation of any additional control measures
necessary to address any TMDL.
B.
The Administrator may require monitoring and reports from the permittee
to ensure compliance with the stormwater management permit and to
determine whether the measures required in the permit provide effective
stormwater management.
C.
The Administrator may, at reasonable times and under reasonable circumstances,
enter any building or upon any property, public or private, for the
purpose of obtaining information or conducting surveys or investigations
necessary in the enforcement of the provisions of this chapter.
D.
In accordance with a performance bond with surety, cash escrow, letter
of credit, any combination thereof, or such other legal arrangement
or instrument, the Administrator may also enter any building or upon
any property, public or private, for the purpose of initiating or
maintaining appropriate actions which are required by the permit conditions
associated with a land disturbing activity when a permittee, after
proper notice, has failed to take acceptable action within the time
specified.
E.
In accordance with § 62.1-44.15:40 of the Code of Virginia,
the Administrator may require every stormwater management permit applicant
or permittee, or any such person subject to stormwater management
permit requirements under this chapter, to furnish when requested
such application materials, plans, specifications, and other pertinent
information as may be necessary to determine the effect of such person's
discharge on the quality of state waters, or such other information
as may be necessary to accomplish the purposes of this chapter.
F.
Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted pursuant to the County's adopted and State-Board-approved inspection program, and shall occur, at minimum, once within the first year of completion and then once every five years thereafter, except as may otherwise be provided for in § 308-10. The County may utilize the inspection reports of the owner if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the State Board.
G.
If the Administrator determines that there is a failure to comply with the conditions of a stormwater management permit, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by registered or certified mail to the address specified in the permit application, or by delivery at the site of the development activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop-work order may be issued in accordance with Subsection G(2) of this section by the Administrator or the permit may be revoked. The Administrator may pursue enforcement in accordance with § 308-13 of this chapter.
(1)
If a permittee fails to comply with a notice issued in accordance with Subsection G above within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land disturbing activities without an approved plan or required permit to cease all land disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall be issued in accordance with the County's local enforcement procedures and shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the County.
(2)
If the Administrator determines that any such violation is grossly
affecting or presents an imminent and substantial danger of causing
harmful erosion of lands or sediment deposition in waters within the
watersheds of the commonwealth or otherwise substantially impacting
water quality, the Administrator may issue, without advance notice
or hearing, an emergency order directing such person to cease immediately
all land disturbing activities on the site and shall provide an opportunity
for a hearing, after reasonable notice as to the time and place thereof,
to such person, to affirm, modify, amend, or cancel such emergency
order.
Any permit applicant or permittee who is aggrieved by a permit
or enforcement decision of the County is entitled to judicial review
thereof by the Circuit Court of Amelia County, provided an appeal
is filed within 30 days from the date of the decision being appealed.
A.
Any person who violates any provision of this chapter or who fails,
neglects or refuses to comply with any order of the County shall be
subject to a civil penalty not to exceed $32,500 for each violation
within the discretion of the court. Each day of violation of each
requirement shall constitute a separate offense.
B.
Violations for which a penalty may be imposed under this section
shall include but not be limited to the following:
(1)
Failing to have a general permit registration;
(2)
Failing to prepare a SWPPP;
(3)
Having an incomplete SWPPP;
(4)
Not having a SWPPP available for review as required by law;
(5)
Failing to have an approved erosion and sediment control plan;
(6)
Failing to install stormwater BMPs or erosion and sediment controls
as required by this chapter and/or state law;
(7)
Having stormwater BMPs or erosion and sediment controls improperly
installed or maintained;
(8)
Operational deficiencies;
(9)
Failure to conduct required inspections, or having incomplete, improper,
or missed inspections.
C.
The County may issue a summons for collection of the civil penalty
and the action may be prosecuted in the appropriate circuit court.
In imposing a civil penalty pursuant to this subsection, the court
may consider the degree of harm caused by the violation and also the
economic benefit to the violator from noncompliance.
(1)
With the consent of any person who has violated or failed, neglected
or refused to obey any provision of this chapter, any condition of
a permit or state permit, or any regulation or order of the County,
the County may provide, in an order issued against such person, for
the payment of civil charges for violations in specific sums, not
to exceed the limit specified in this section. Such civil charges
shall be instead of any appropriate civil penalty that could be imposed
under this section.
D.
Any civil penalties assessed by a court as a result of a summons
issued by the County shall be paid into the treasury of the County
to be used for the purpose of minimizing, preventing, managing, or
mitigating pollution of the waters of the locality and abating environmental
pollution therein in such manner as the court may, by order, direct.
E.
Notwithstanding any other civil or equitable remedy provided by this
section, any person who willfully or negligently violates any provision
of this chapter, any order of the County, any condition of a permit,
or any order of a court shall be guilty of a misdemeanor punishable
by confinement in jail for not more than 12 months and a fine of not
less than $2,500 nor more than $32,500, either or both.
F.
Any person who knowingly violates any provision of this chapter,
any regulation or order of the State Water Control Board (SWCB) or
the County, any condition of a permit or any order of a court as herein
provided, or who knowingly makes any false statement in any form required
to be submitted under this chapter or knowingly renders inaccurate
any monitoring device or method required to be maintained under this
chapter shall be guilty of a felony punishable by a term of imprisonment
of not less than one year nor more than three years, or, in the discretion
of the jury or the court trying the case without a jury, confinement
in jail for not more than 12 months and a fine of not less than $5,000
nor more than $50,000 for each violation. Any defendant that is not
an individual shall, upon conviction of a violation under this subsection,
be sentenced to pay a fine of not less than $10,000. Each day of violation
of each requirement shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Any person who knowingly violates any provision of this chapter,
and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily harm, shall, upon conviction,
be guilty of a felony punishable by a term of imprisonment of not
less than two years nor more than 15 years and a fine of not more
than $250,000, either or both. A defendant that is not an individual
shall, upon conviction of a violation under this subsection, be sentenced
to pay a fine not exceeding the greater of $1,000,000 or an amount
that is three times the economic benefit realized by the defendant
as a result of the offense. The maximum penalty shall be doubled with
respect to both fine and imprisonment for any subsequent conviction
of the same person under this subsection.
H.
Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, or any permit condition issued by the locality or any provisions of this chapter may be compelled in a proceeding instituted in any appropriate court by the locality to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty as set forth in Subsection A of this section.
I.
In any action to enjoin a violation or a threatened violation of
the provisions of this chapter, the County may apply to the appropriate
court in any jurisdiction wherein the land lies and is not required
to show that an adequate remedy at law does not exist.
A.
Fees for coverage under the general permit shall be imposed by the
County in accordance with Table 1 of the County's Stormwater Management
Fee Schedule. Sites purchased for development within a previously
permitted common plan of development or sale shall be subject to fees
in accordance with the disturbed acreage of the site or sites according
to Table 1.
B.
Fees for permit modifications (not including minor modifications)
or transfer of registration statements from the general permit shall
be imposed in accordance with Table 2 of the County's Stormwater Management
Fee Schedule. The fee assessed shall be based on the total disturbed
acreage of the site, in accordance with Table 2.
C.
Fees for annual permit maintenance shall be imposed in accordance
with Table 3 of the County's Stormwater Management Fee Schedule, including
fees imposed on expired permits that have been administratively continued.
The maintenance fees shall apply until the permit coverage is terminated.
(1)
General permit coverage maintenance fees shall be paid annually to
the County by the anniversary date of general permit coverage. No
permit will be reissued or automatically continued without payment
of the required fee. General permit coverage maintenance fees shall
be applied until a notice of termination is effective.
D.
No permit application fees will be assessed to:
(1)
Permittees who request minor modifications to permits; however, any
such permit modification that results in any change to an approved
stormwater management plan that requires additional review by the
Administrator shall not be exempt pursuant to this section.
(2)
Permittees whose permits are modified or amended at the request of
the Department, excluding errors in the registration statement identified
by the Administrator or errors related to the acreage of the site.
E.
All incomplete payments will be deemed as nonpayments, and the applicant
shall be notified of any incomplete payments. Interest may be charged
for late payments at the underpayment rate set forth in § 58.1-15
of the Code of Virginia and is calculated on a monthly basis at the
applicable periodic rate. A 10% late payment fee shall be charged
to any delinquent (over 90 days past due) account. The County shall
be entitled to all remedies available under the Code of Virginia in
collecting any past due amount.
F.
The Stormwater Management Fee Schedule shall be adopted by the Board
by resolution, and may be amended by the Board, from time to time,
in the same manner, provided that the amount of fees charged shall
conform to state law requirements.
G.
The Administrator shall not review any stormwater management plan
for coverage or modification until the fees required by this section
are paid as required by the County.
Prior to issuance of any permit, if required, the applicant
shall be required to submit a reasonable performance bond with surety,
cash escrow, letter of credit, any combination thereof, or such other
legal arrangement acceptable to the County Attorney, to ensure that
measures could be taken by Amelia County at the applicant's expense
should he fail, after proper notice, within the time specified to
initiate or maintain appropriate actions which may be required of
him by the permit conditions as a result of his land disturbing activity.
If Amelia County takes such action upon such failure by the applicant,
the County may collect from the applicant for the difference should
the amount of the reasonable cost of such action exceed the amount
of the security held, if any. Within 60 days of the completion of
the requirements of the permit conditions, such bond, cash escrow,
letter of credit or other legal arrangement, or the unexpended or
unobligated portion thereof, shall be refunded to the applicant or
terminated. Notwithstanding the foregoing provisions, at the discretion
of the Administrator, a performance bond need not be required for
stormwater management facilities designed to treat stormwater runoff
primarily from an individual owner-occupied residential lot on which
they are located, provided it is demonstrated to the satisfaction
of the Administrator that measures could be taken by Amelia County
at the applicant's expense to initiate or maintain such facilities.
If any court of competent jurisdiction invalidates any provision
of this chapter, the remaining provisions shall not be affected and
shall continue in full force and effect.
