[Adopted 1-10-1992; amended 2-4-2002; 5-5-2008 (Ch. 71 of the 1993 Code)]
This article shall be known as the "Erosion and Sediment Control
Ordinance of Appomattox County." The purpose of this article is to
prevent degradation of properties, stream channels, waters and other
natural resources of the County of Appomattox by establishing requirements
for the control of soil erosion, sediment deposition and nonagricultural
and sylvan runoff and by establishing procedures whereby these requirements
shall be administered and enforced.
This article is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.), known as the "Virginia Erosion and Sediment Control Law." Such Article provides for a comprehensive statewide program with standards and guidelines to control soil erosion and sedimentation which is implemented on the local level.
As used in this article, unless the context clearly requires
a different meaning, the terms used shall have the meanings as set
forth in § 62.1-44.15:51 of the Code of Virginia. The following
terms shall have the meanings indicated:
A contract between the plan-approving authority and the owner
that specifies conservation measures that must be implemented in the
construction of a single-family residence; this contract may be executed
by the plan-approving authority in lieu of a formal site plan.
Any person submitting an erosion and sediment control plan
for approval or requesting the issuance of a permit, when required,
authorizing land-disturbing activities to commence.
The Virginia Water Control Board.
An employee or agent of a program authority who:
An employee or agent of a program authority who:
Holds a certificate of competence from the Board in the area
of plan review;
Is enrolled in the Board's training program for plan review
and successfully completes such program within one year after enrollment;
or
Is licensed as a professional engineer, architect, certified
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.
An employee or agent of a program authority who:
Any activity which removes the vegetative ground cover, including
but not limited to root mat removal or topsoil removal.
The County of Appomattox.
The Department of Environmental Quality.
A tract of land developed or to be developed as a single
unit under single ownership or unified control which is to be used
for any business or industrial purpose or is to contain three or more
residential units.
The Director of the Department of Environmental Quality.
The Robert E. Lee Soil and Water Conservation District.
A document containing material for the conservation of soil
and water resources of a unit or group of units of land. It may include
appropriate maps, an appropriate soil and water plan inventory and
management information with needed interpretations, and a record of
decisions contributing to conservation treatment. The plan shall contain
all major conservation decisions and all information deemed necessary
by the plan-approving authority to assure that the entire unit or
units of land will be so treated to achieve the conservation objectives.
An area of land not associated with current land-disturbing
activity but subject to persistent soil erosion resulting in the delivery
of sediment onto neighboring properties or into state waters. This
definition shall not apply to any lot or parcel of land of 5,000 square
feet or less used for residential purposes (or to shorelines where
the erosion results from wave action or other coastal processes).
Any digging, scooping, or other methods of removing earth
materials.
Any depositing or stockpiling of earth material.
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled condition.
Any land change which may result in soil erosion from water
or wind and the movement of sediments into state waters or onto lands
in the commonwealth, including but not limited to clearing, grading,
excavating, transporting, and filling of land, except that the term
shall not include those activities listed in § 19.3-5C of
this article.
A permit issued by Appomattox County for the clearing, filling,
excavating, grading, or transporting of land or for any combination
thereof or for any purpose set forth herein.
An outline of the various methods employed by Appomattox
County to regulate land-disturbing activities and thereby minimize
erosion and sedimentation in compliance with the state program and
may include such items as local ordinances, policies, and guidelines,
technical materials, inspection, enforcement, and evaluation.
The utilization of engineering analysis and fluvial geomorphic
processes to create, rehabilitate, restore, or stabilize an open conveyance
system for the purpose of creating or recreating a stream that conveys
its bankfull storm event within its banks and allows larger flows
to access its bankfull bench and its floodplain.
The owner or owners of the freehold of the premises or lesser
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, or other person, firm or corporation
in control of a property.
The maximum instantaneous flow from a given storm condition
at a particular location.
The person to whom the permit authorizing land-disturbing
activities is issued or the person who certifies that the approved
erosion and sediment control plan will be followed.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, county, city, town,
or other political subdivision of the commonwealth, any interstate
body, or any other legal entity.
The County Planner or agent responsible for determining the
adequacy of a plan submitted for land-disturbing activities on a unit
or units of lands and for approving plans.
The County of Appomattox which has adopted a soil erosion
and sediment control program that has been approved by the Board.
An individual from the project or development team who will
be in charge of and responsible for carrying out a land-disturbing
activity covered by an approved plan or agreement in lieu of a plan
who:
Holds a responsible land disturber certificate of competence;
Holds a current certificate of competence from the Board in
the areas of combined administration, program administration, inspection
or plan review;
Holds a current contractor certificate of competence for erosion
and sediment control; or
Is licensed in Virginia as a professional engineer, architect,
certified 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.
The volume of water that runs off the land development project
from a prescribed storm event.
A noncommercial dwelling that is occupied exclusively by
one family.
The program administered by the Virginia Water Control Board
pursuant to the Code of Virginia, including regulations designed to
minimize erosion and sedimentation.
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
Any moving of earth materials from one place to another place
other than such movement incidental to grading, when such movement
results in destroying the vegetative ground cover either by tracking
or the buildup of earth materials to the extent that erosion and sedimentation
will result from the soil or earth materials over which such transporting
occurs.
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
Construction, installation, or maintenance of electric and telephone
utility lines and natural gas pipelines and the tracks, rights-of-way,
bridges, communication facilities, and other related structures and
facilities of railroad companies must be conducted pursuant to § 62.1-44.15:55D,
Code of Virginia.
A.
Pursuant
to § 62.1-44.15:54, Code of Virginia, the County hereby
adopts the regulations, references, guidelines, standards, and specifications
promulgated by the Virginia Water Control Board for the effective
control of soil erosion and sedimentation deposition to prevent the
unreasonable degradation of properties, stream channels, waters, and
other natural resources. Said regulations, references, guidelines,
standards, and specifications for erosion and sedimentation control
are included in, but not limited to, the Virginia Erosion and Sediment
Control Regulations, the Virginia Stormwater Management Handbook,
and the Virginia Erosion and Sediment Control Handbook, as amended
from time to time.
B.
Before
adopting or revising regulations, the County of Appomattox shall give
due notice and conduct a public hearing on the proposed or revised
regulations, except that a public hearing shall not be required when
the County of Appomattox is amending its program to conform to revisions
in the state program. However, a public hearing shall be held if the
County of Appomattox proposes or revises regulations that are more
stringent than the state program.
(1)
In
addition, in accordance with § 62.1-44.15:52 of the Code
of Virginia, stream restoration and relocation projects that incorporate
natural channel design concepts are not man-made channels and shall
be exempt from any flow rate capacity and velocity requirements for
natural or man-made channels.
(2)
In
accordance with § 62.1-44.15:52 of the Code of Virginia,
any land-disturbing activity that provides for stormwater management
intended to address any flow rate capacity and velocity requirements
for natural or man-made channels shall satisfy the flow rate capacity
and velocity requirements for natural or man-made channels if the
practices are designed to detain water quality volume and to release
it over 48 hours; detain and release over a twenty-four-hour period
the expected rainfall resulting from the one-year, twenty-four-hour
storm; and reduce the allowable peak flow rate resulting from the
one-and-one-half-, two-, and ten-year twenty-four-hour storms to a
level that is less than or equal to the peak flow rate from the site
assuming it was in good forested condition, achieved through multiplication
of the forested peak flow rate by a reduction factor that is equal
to the runoff volume from the site when it was in good forested condition
divided by the runoff volume from the site in its proposed condition,
and shall be exempt from any flow rate capacity and velocity requirements
for natural or man-made channels.
C.
As provided
by the Code of Virginia, § 62.1-44.15:51, the following
activities are not considered land-disturbing activities for the purposes
of this article:
(1)
Minor
land-disturbing activities such as home gardens and individual home
landscaping, repairs, and maintenance work.
(2)
Individual
service connections.
(3)
Installation,
maintenance, or repair of any underground public utility lines when
such activity occurs on an existing hard-surfaced road, street or
sidewalk, provided that the land-disturbing activity is confined to
the area of the road, street or sidewalk which is hard-surfaced.
(4)
Septic
tank lines or drainage fields unless included in an overall plan for
land-disturbing activity relating to construction of the building
to be served by the septic tank system.
(5)
Permitted
surface or deep mining operations and projects, or oil and gas operations
and projects conducted pursuant to Title 45.1, Code of Virginia.
(6)
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulation, 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, Code of Virginia, or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163, Code of Virginia.
(7)
Repair
or rebuilding of the tracks, rights-of-way, bridges, communication
facilities and other related structures and facilities of a railroad
company.
(8)
Agricultural
engineering operations, including but not limited to the construction
of terraces, terrace outlets, check dams, desilting basins, dikes,
ponds not required to comply with the provisions of the Dam Safety
Act (§ 10.1-604 et seq., Code of Virginia), ditches, strip
cropping, lister furrowing, contour cultivating, contour furrowing,
land drainage and land irrigation.
(9)
Disturbed
land areas of less than 5,000 square feet in size.
(10)
Installation of fence and sign posts or telephone and electric poles
and other kinds of posts or poles.
(11)
Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the U.S. Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to Title 62.1, Chapter 3.1, Article 2.4, Code of Virginia, and the regulations adopted pursuant thereto.
(12)
Emergency work to protect life, limb, or property and emergency repairs;
however, if the land-disturbing activity would have required an approved
erosion and sediment control plan, if the activity were not an emergency,
then the land area disturbed shall be shaped and stabilized in accordance
with the requirements of the plan-approving authority.
A.
The County
Administrator shall appoint a Program Administrator to oversee the
County's Erosion and Sediment Control Program. The Program Administrator
shall be certified within one year of appointment in accordance with
the Code of Virginia's Erosion and Sediment Control Law. The Program
Administrator may serve as inspector and plan reviewer upon obtaining
certification as a combined administrator.
B.
The Program
Administrator shall serve as the County's plan-approving authority.
In the event that the Program Administrator is not certified as a
plan reviewer or combined administrator, he or she shall contract
with an acceptable third party agency to conduct the plan review tasks.
Acceptable third party agencies include, but are not limited to, the
Robert E. Lee Soil and Water Conservation District.
C.
The County
Administrator shall also appoint an inspector and plan reviewer unless
the Program Administrator is also certified as an inspector or combined
administrator. Upon recommendation by the Program Administrator, the
County Administrator may appoint additional inspectors and plan reviewers
as needed. All inspectors and plan reviewers shall be certified within
one year of appointment in accordance with the Code of Virginia's
Erosion and Sediment Control Law.
D.
The program
and regulations provided for in this article shall be made available
for public inspection at the Appomattox County Department of Community
Development located at 153A Morton Lane, Appomattox, Virginia.
A.
Prior
to any development and/or redevelopment exceeding 5,000 square feet
of land disturbance, including construction of single-family residences,
no person shall engage in any land-disturbing activity until he or
she has submitted one of the following documents:
(1)
Erosion
and sediment control plan containing, at a minimum:
(a)
Project description. Describes the nature and purpose of the land-disturbing
activity and the area (acres) to be disturbed.
(b)
Existing site conditions. Describes existing topography, drainage,
and vegetation.
(c)
Adjacent areas. Describes neighboring areas such as streams, lakes,
residential areas, roads, etc., which might be affected by the land
disturbance.
(d)
Off-site areas. Describes any off-site land-disturbing activities
that will occur, including borrow site, waste, or surplus areas.
(e)
Soils. Describes on-site soils and delineation of soil boundaries,
including soil name, mapping unit, erodability, permeability, depth,
texture, and soil structure.
(f)
Critical areas. Describes areas on the site which have potentially
serious erosion problems (e.g., steep slopes, channels, wet weather,
underground watercourses, etc.).
(g)
Erosion and sediment control measures. Describes methods to be used
to control erosion and sedimentation. Controls should satisfy minimum
standards listed in the Virginia Erosion and Sediment Control Regulations
and the Virginia Erosion and Sediment Control Handbook, as adopted
by the County pursuant to § 19.3-5.
(h)
Permanent stabilization. Describes how the site will be stabilized
at project completion, including specifications.
(i)
Stormwater runoff considerations. Describes whether the site will
increase peak runoff rates and, if so, will the increase cause flooding
or channel degradation downstream. Also describes strategy to control
stormwater runoff.
(j)
Calculations. Detailed calculations for the design of temporary sediment
basins, permanent stormwater detention basins, diversions, channels,
etc. Includes calculations for pre-and post-development runoff.
(k)
Vicinity map, including directional indicator.
(l)
Description of limits of clearing and grading.
(m)
Description of existing contours.
(n)
Description of final contours. Indicates changes to existing contours,
including final drainage patterns.
(o)
Description of existing vegetation. Describes existing tree lines,
grassy areas, or unique vegetation.
(p)
Description of existing drainage patterns. Describes the dividing
lines and the direction of flow for the different drainage areas.
Includes the size (acres) of each drainage area.
(q)
Description of critical erosion areas (erosion impact areas).
(r)
Site development. Describes/illustrates all improvements such as
buildings, parking lots, access roads, utility construction, etc.
(s)
Location of practices. Describes locations of control measures using standard symbols and abbreviations in Chapter 3 of the Virginia Erosion and Sediment Control Handbook.
(t)
Maintenance. Describes a schedule of regular inspections and repair
of erosion and sediment control structures.
(u)
Certified responsible land disturber. Contains the name of the person
holding a certificate of competence as provided by the Board, including
expiration date of such certification.
(2)
For
construction of a single-family dwelling only, an agreement in lieu
of an erosion and sediment control plan may be submitted. The agreement
in lieu of a plan is a contract between the plan-approving authority
and the owner which specifies conservation measures which must be
implemented in the construction of a single-family residence; this
contract may be executed by the plan-approving authority in lieu of
a formal site plan. 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 shall correct the violation
and provide the name of an individual holding a certificate of competence,
as provided by § 62.1-44.15:52, Code of Virginia. Failure
to provide the name of the individual holding a certificate of competence
shall be a violation of this article.
B.
The Program
Administrator shall, within 60 days of the receipt of the plan, approve
the plan if he determines that the plan meets the provisions this
article and if the person named by the applicant as being responsible
for carrying out the plan certifies that he will properly perform
the erosion and sediment control measures included in the plan and
will conform to the provisions of this article. In addition, as a
prerequisite to approval of the plan, the person responsible for carrying
out the plan shall provide the name of an individual holding a certificate
of competence, as provided by the regulations of the Board, who will
be in charge of and responsible for carrying out the land-disturbing
activity. For purposes of this section, individuals holding a valid
Virginia professional engineer, land surveyor, landscape architect,
or architect license, and such other individuals as determined by
the regulations of the Board, shall be considered competent to be
in charge of and responsible for carrying out the land-disturbing
activity without further training, certification, or fees. In determining
whether any plan meets the required conservation standards, the plan-approving
authority may seek the advice of the district.
C.
The plan-approving
authority shall act upon all plans submitted within 60 days from their
receipt by either approving or disapproving the plan in writing and
giving the specific reasons for its disapproval. When a plan submitted
for approval under this section is found, upon review, to be inadequate,
the plan-approving authority shall specify such modifications, terms,
and conditions as will permit approval of the plan and communicate
those requirements to the applicant within 45 days. If no action is
taken within 60 days by the Program Administrator, the plan shall
be deemed approved and the person authorized to proceed with the proposed
activity.
D.
An approved
plan may be changed by the Program Administrator when:
(1)
An
inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2)
The
person responsible for carrying out the 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, consistent
with the requirements of this article, are agreed to by the Program
Administrator and the person responsible for carrying out the plan.
E.
Variances.
The plan-approving authority may waive or modify any of the standards
that are deemed to be 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.
The plan-approving authority shall respond in writing either approving
or disapproving such a request. If the plan-approving authority does
not approve a variance within 10 days of receipt of the request, the
request shall be considered to be disapproved. Following disapproval,
the applicant may resubmit a variance request with additional documentation.
F.
In order
to prevent further erosion, the Program Administrator may require
approval of a conservation plan for any land identified as an erosion
impact area.
G.
When land-disturbing
activity will be required of a contractor performing construction
work pursuant to a construction contract, the preparation, submission,
and approval of an erosion and sediment control plan shall be the
responsibility of the owner.
H.
In accordance
with the procedure set forth by § 62.1-44.15:55E of the
Code of Virginia, any person engaging, in more than one jurisdiction,
in the creation and operation of a wetland mitigation or stream restoration
bank or banks, which have been approved and are operated in accordance
with applicable federal and state guidance, laws, or regulations for
the establishment, use, and operation of wetlands mitigation or stream
restoration banks, pursuant to a mitigation banking instrument signed
by the Department of Environmental Quality, the Marine Resources Commission,
or the U.S. Army Corps of Engineers, may, at the option of that person,
file general erosion and sediment control standards and specifications
for wetland mitigation or stream restoration banks annually with the
Department for review and approval consistent with guidelines established
by the Board.
I.
State
agency projects are exempt from the provisions of this article except
as provided for in § 62.1-44.15:56, Code of Virginia.
B.
Fees.
Plan review and inspection fees will be assessed at the rate shown
in Table 1 below. All fees shall be paid to the County of Appomattox
at the time of filing erosion and sediment control plans or agreements
in lieu of plans.
[Amended 5-16-2022]
|
Single Family Dwelling (AIL), 5,000 sf to 1 ac
|
$85
|
|
Single Family Dwelling (AIL), >1 ac
|
$125
|
|
ALL OTHER
|
|
|
Land disturbance, 5,000 sf to 5 ac
|
$400
|
|
Land disturbance, >5 ac
|
$400+$25/ac or portion of
|
|
Utility-Scale Solar Farm Inspection Fee
|
$150/inspection/100 ac or portion of
|
C.
No land-disturbance
permit shall be issued until the applicant submits with his application
an approved erosion and sediment control plan or agreement in lieu
of a plan and certifies that the plan or agreement will be followed.
D.
Bonds.
The Program Administrator, prior to issuing a permit, may require
any applicant to submit a reasonable performance bond with surety,
cash escrow, an irrevocable letter of credit, or any combination thereof,
or such other legal arrangements acceptable to the Program Administrator
to ensure that measures could be taken by the County at the applicant's
expense should he or she fail, after proper notice, within the time
specified to initiate or maintain appropriate conservation action
which may be required by the approved plan as a result of the land-disturbing
activity. If the County takes such conservation action upon failure
by the permittee, the County may collect from the permittee for the
difference should the amount of reasonable cost of such action exceed
the amount of security held. Within 60 days of the achievement of
adequate stabilization of the land-disturbing activity, the bond,
cash escrow, irrevocable letter of credit or other legal arrangement
or the unexpended or unobligated portion thereof shall be refunded
to the applicant or terminated. These requirements are in addition
to all other provisions relating to the issuance of permits and are
not intended to otherwise affect the requirements for permits.
A.
The Program
Administrator and/or his agents shall provide for and/or conduct periodic
on-site inspections of the land-disturbing activity as set forth in
the Virginia Erosion and Sediment Control Regulations, 4 VAC 50-30-60B,
and shall require that the certified responsible land disturber be
in charge of implementing the plan to ensure compliance with the approved
plan and to determine whether the measures required in the plan are
effective in controlling erosion and sediment. The owner, occupier,
or operator shall be given an opportunity to accompany the inspector
during the inspection. Notice of the right of inspection shall be
included in all land-disturbance permits issued. The Program Administrator
shall be responsible for developing and implementing a filing system
for land-disturbing projects. The individual holding a certificate
of competence, as required under the state program, who will be in
charge of and responsible for carrying out the land-disturbing activity
shall be required by the Program Administrator to periodically inspect
the land-disturbing activity.
B.
The County
shall implement an alternative inspection program. The alternative
inspection program described herein for Appomattox County is designed
to provide for oversight of urban land-disturbing activities by effectively
utilizing local staff to meet specific urbanization trends while addressing
specific environmental conditions within the locality.
(1)
Authorization for this alternative inspection program is granted by § 62.1-44.15:58 of Title 62.1, Chapter 3.1, Article 2.4, of the Code of Virginia and the Erosion and Sediment Control Regulations, 4 VAC 50-30-60.
(2)
To
most effectively utilize staff and protect the resources of Appomattox
County and the Commonwealth of Virginia, Appomattox County will implement
an alternative inspection program based on a system of priorities.
The system of priorities will be based upon the amount of disturbed
project area, site conditions, stages of construction, and site conditions
noted on previous inspections.
(3)
Implementation.
(a)
The erosion and off-site environmental impact potential of regulated
projects shall be determined by an evaluation of the topography, soil
characteristics, acreage disturbed, proximity to water resources,
and proximity to adjacent property lines.
(b)
After plan review and a site visit, the plan reviewer and the Program
Administrator will assign a classification number to the project.
(c)
Classification numbers will be assigned to projects which address
site-specific erosion potential and off-site environmental impact.
These classification numbers will be used to determine the frequency
of inspections. The classification numbers will range from one to
three, one requiring a less frequent inspection schedule and three
requiring a more frequent inspection schedule.
(d)
The classification of a project may be adjusted to a higher or lower
classification by the Program Administrator based upon complaints,
violations, inspections, and stages of construction.
(e)
The classification number shall be included on the approved plan,
written on the file folder, written on the building permit application,
and made a part of the project database.
(4)
Basis
for classification. The following classifications shall be assigned
to projects based on a preliminary site visit and plan review:
(a)
Class I: total acres disturbed under two acres; greater than 150-foot
buffer between disturbed area and any property lines, water resources,
or public streets; slopes are 0% to 7% and greater than or equal to
300 feet; and weighted soil K-factor is less than 0.23.
(b)
Class II: total acres disturbed under two acres; disturbed area is
50 feet to 150 feet from any property lines, water resources, or public
streets; slopes are 7% to 15% and greater than or equal to 150 feet;
and weighted soil K-factor is between 0.23 and 0.36.
(c)
Class III: total acres disturbed over two acres; disturbed area is
less than 50 feet from any property lines, water resources, or public
streets; slopes are greater than 15% and greater than or equal to
75 feet; and weighted soil K-factor is greater than 0.36.
(5)
Frequency
of inspections.
(a)
All permitted land-disturbing activities will be inspected at a minimum
frequency according to the following schedule:
(b)
All inspections will be documented on an inspection log maintained
as part of each file. Project owners will receive copies of inspection
reports with noted violations.
(c)
Inspection return frequency is not limited to the above schedule
and will increase in frequency due to runoff-producing storm events
or documented violations.
C.
If the
Program Administrator determines that a violation exists or that there
is a failure to comply with the plan, notice shall be served upon
the permittee or certified responsible land disturber by registered
or certified mail to the address specified in the permit application
or in the plan certification. Notice may also be given by delivery
at the site of the land-disturbing activities to the agent or employee
supervising such activities. The notice shall specify the measures
needed to comply with the plan and shall specify the time within which
such measures shall be completed. Upon failure to comply within the
specified time frame, the permit may be revoked and the permittee
or certified responsible land disturber shall be deemed to be in violation
of this article and, upon conviction, shall be subject to the penalties
provided by this article.
D.
Upon determination of substantial violation of this article, the Program Administrator may, either in conjunction with or subsequent to a notice to comply as specified in this article, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watershed of the commonwealth, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in Subsection C above. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of Appomattox County. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the Program Administrator from taking any other action authorized by this article.
A.
Any violations
of any regulation or order of the Program Administrator, any provision
of the program, any condition of a permit or any provision of this
article shall upon a finding of an appropriate general district court
be subject to a civil penalty. The civil penalty for any one violation
shall be $100, except that the civil penalty for commencement of land-disturbing
activities without an approved plan shall be $1,000. Each day during
which the violation is found to exist shall constitute a separate
offense. In no event shall a series of specified violations arising
from the same operative set of facts result in civil penalties which
exceed a total of $3,000, except that a series of violations arising
from the commencement of land-disturbing activities without an approved
plan for any site shall not result in civil penalties which exceed
$10,000.
B.
Nothing
in this section shall be deemed to limit the authority of the County
to apply to the County Circuit Court for injunctive relief to enjoin
a violation or threatened violation of this article or to seek damages
in a civil action.
C.
Without
limiting the remedies which may be obtained in this section, 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 not
to exceed $2,000 for each violation. A civil action for such violation
or failure may be brought by the locality wherein the land lies. Any
civil penalties assessed by a court shall be paid into the treasury
of the locality wherein the land lies, except that where the violator
is the locality itself, or its agent, the court shall direct the penalty
to be paid into the state treasury.
D.
With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Program Administrator, or any condition of a permit or any provision of this article, the Board, the Director, or plan-approving or permit-issuing authority may provide, in an order issued by the Board or plan-approving or permit-issuing authority against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection C of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection A or C.
Final decision of Appomattox County under this article shall
be subject to review by the Circuit Court of Appomattox County, provided
that an appeal is filed within 30 days from the date of any written
decision adversely affecting the rights, duties, or privileges of
the person engaging in or proposing to engage in land-disturbing activities.
