[HISTORY: Adopted by the Board of Supervisors
of the County of Rappahannock as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-1-1982]
A.
This memorandum of understanding was entered into
this first day of March 1982 by and between the County of Rappahannock,
Virginia, hereinafter called the "County," and the Culpeper Soil and
Water Conservation District, Commonwealth of Virginia, hereinafter
called the "district."
B.
Recognizing the need for close working relationships
in carrying out the responsibilities for which each is charged, the
County and district enter into this memorandum of understanding as
the foundation for an enduring cooperative working relationship. Such
cooperation allows joint effort in the solution of problems relating
to the planning and development of soil, water and related natural
resources in Rappahannock County.
The district will make technical assistance
available as requested by the County. This assistance, as set forth
below, will be provided by federal, state and local resource agencies
which work through the district, within the limitations of their budgets
and availability of personnel and in accordance with established policies
for reimbursement of certain costs.
The district agrees to:
A.
Provide available basic natural resource data, such
as soil surveys, inventories of potential water impoundment sites,
outdoor recreation suitability appraisals, etc.
B.
Provide interpretations of soils for various uses.
C.
Assist in the development of policies, ordinances
and programs for the conservation of soil, water and related natural
resources.
D.
Provide current soil and water conservation practice
standards and specifications including those for erosion and sediment
control to be used as a basis for developing conservation plans on
lands within the County and on County-owned property.
E.
Review, comment and approve, as required by local
ordinance, plans which impact on soil, water and related resources.
F.
Assist in developing and conducting training programs
for carrying out an effective erosion and sediment control program.
G.
Assist the County with an annual review of the effectiveness
of the local erosion and sediment control program.
H.
Inform the County of programs available through the
district and its cooperating agencies which affect natural resource
management.
I.
Assist with local educational programs relating to
natural resource conservation and protection of the environment.
J.
Delegate a member of the District Board of Directors
to serve as a liaison representative to the County.
K.
Furnish a copy of its long-range program and annual
report of accomplishments.
L.
Prepare and submit to the County an annual plan of
work and a budget request for carrying out the plan.
The County agrees to:
A.
Assist the district in the development of effective
soil and water conservation programs.
B.
Provide the district with a copy of the comprehensive
plan, land use plan and any other plan(s) for the County.
C.
Consult with the district in the development or review
of policies, ordinances and programs which deal with soil, water and
related natural resources.
D.
Use natural resource data and soil and water conservation
standards and specifications furnished by the district in its local
programs and on County-owned property.
E.
Delegate a member of the County Board of Supervisors
to serve as a liaison representative to the district.
F.
Help carry out an education program designed to make
the public aware of the need for the proper use and management of
natural resources.
G.
Sponsor an annual review to determine the effectiveness
of the local erosion and sediment control program.
H.
Provide the district with funding in support of the
district's annual plan of work.
A.
The County, and the district may/will meet annually
to further coordinate their respective programs and activities for
optimum mutual benefit.
B.
Special emphasis will be given by the County and district
to maximize the effectiveness of the local erosion and sediment control
program.
C.
This memorandum may be amended or terminated at any
time by mutual consent of the parties hereto or may be terminated
by either party by giving 60 days notice, in writing, to the other
party.
[Adopted 11-1-2004[1]; amended in its entirety 6-3-2024]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Erosion and Sediment Control, adopted 9-8-1982, as
amended.
A.
This article shall be known as the "Erosion and Sediment Control
Ordinance of Rappahannock County." The purpose of this article is
to prevent the unreasonable degradation of properties, stream channels,
waters and other natural resources of Rappahannock County by establishing
requirements for the effective control of soil erosion, sediment deposition
and nonagricultural runoff and by establishing procedures whereby
these requirements shall be administered and enforced.
B.
This article is authorized by § 62.1-44.15:54 of the Code
of Virginia.
The following words and terms, when used in this article, shall
have the following meanings, unless the context clearly indicates
otherwise:
A contract between the VESCP authority and the owner that
specifies conservation measures that must be implemented to comply
with the requirements of this article for the construction of a i)
single-family detached residential structure or ii) farm building
or structure on a parcel of land with a total impervious cover percentage,
including the impervious cover from the farm building or structure
to be constructed, of less than 5% this contract may be executed by
the VESCP authority in lieu of formal site plan.
Any person submitting an erosion and sediment control plan
for approval in order to obtain authorization for land-disturbing
activities to commence.
The State Water Control Board.
An employee or agent of the VESCP authority who i) holds
a certificate of competence from the Department in the area of project
inspection or ii) is enrolled in the Department's training program
for project inspection and successfully completes such program within
one year after enrollment.
An employee or agent of the VESCP authority who i) holds a certificate of competence from the Department in the area of plan review, ii) is enrolled in the Department's training program for plan review and successfully completes such program within one year after enrollment, or iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article I (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, or professional soil scientist as defined in § 54.1-2200, Code of Virginia.
An employee or agent of the VESCP authority who holds a certification
from the Department in the classification of program administrator
or is enrolled in the Department's training program for program
administration and successfully completes such program within one
year after enrollment.
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or topsoil removal.
The County of Rappahannock or Rappahannock County.
The Virginia Department of Environmental Quality.
The Culpeper Soil and Water Conservation District (CSWCD).
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 to ensure that the entire unit or
units of land will be so treated to achieve the conservation objectives.
An area of land that is not associated with a current land-disturbing
activity but is 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 10,000
square feet or less used for residential purposes.
Any digging, scooping or other methods of removing earth
materials.
The same as that term is defined in § 36-97 of
the Code of Virginia and also includes any building or structure used
for agritourism activity, as defined in § 3.2-6400, Code
of Virginia, and any related impervious surfaces, including roads,
driveways, and parking areas.
Any depositing or stockpiling of earth materials.
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
A man-made change to the land surface that may result in
soil erosion or has the potential to change its runoff characteristics,
including the clearing, grading, excavating, transporting, and filling
of land.
A permit or an approval allowing a land-disturbing activity
to commence issued by VESCP authority after the requirements of § 62.1-44.15:55
of the Code of Virginia have been met.
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 same as provided in § 62.1-44.3 of the Code
of Virginia. For a land-disturbing activity that is regulated under
Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1 of
Title 62.1 of the Code of Virginia and this article, "owner" also
includes the owner or owners of the freehold of the premises or lesser
estate therein, 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 prescribed design storm
at a particular location.
The impervious area within the site divided by the area of
the site multiplied by 100.
The person to whom the permit is issued.
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, governmental body,
including a federal or state entity as applicable, any interstate
body, or any other legal entity.
An individual holding a certificate issued by the Department
who is responsible for carrying out the land-disturbing activity in
accordance with the approved erosion and sediment control plan. The
RLD may be the owner, applicant, permittee, designer, superintendent,
project manager, contractor, or any other project or development team
member. The RLD must be designated on the erosion and sediment control
plan or permit as defined in the Virginia Erosion and Stormwater Management
Regulation (9 VAC 25-875) as a prerequisite for engaging in land disturbance.
The RLD must be designated on the erosion and sediment control plan
or permit as defined in this article as a prerequisite for engaging
in land disturbance.
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.
All water, on the surface and under the ground, wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
The incorporated town of Washington, Virginia.
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 CSWCD, as designated in Article I, is responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.
Rappahannock County, which has been approved by the Department
to operate a Virginia Erosion and Sediment Control Program in accordance
with Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1,
the State Water Control Law, of Title 62.1 of the Code of Virginia.
A program approved by the Department that is established
by a VESCP authority for the effective control of soil erosion, sediment
deposition, and nonagricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include such
items where applicable as local ordinances, rules, policies and guidelines,
technical materials, and requirements for plan review, inspection,
and evaluation consistent with the requirements of the Erosion and
Sediment Control Law (ESCL).[1]
A collection of pertinent information that provides general
guidance for compliance with the Virginia Erosion and Stormwater Management
Act[2] and associated regulations and is developed by the Department
with advice from a stakeholder advisory committee, as amended.
A General VPDES (Virginia Pollutant Discharge Elimination
System) Permit for Discharges of Stormwater from Construction Activities,
9 VAC 25-880, issued by the Department pursuant to § 62.1-44.15
of the Code of Virginia for stormwater discharges from a land-disturbing
activity.
Pursuant to § 62.1-44.15:54 of the Code of Virginia,
the VESCP authority hereby establishes a Virginia Erosion and Sediment
Control Program (VESCP) and adopts the regulations promulgated by
the Board (for the effective control of soil erosion and sediment
deposition to prevent the unreasonable degradation of properties,
stream channels, waters and other natural resources) and the Virginian
Stormwater Management Handbook. In accordance with § 62.1-44.15:52
of the Code of Virginia, any plan approved prior to July 1, 2014,
that provides for stormwater management that addresses 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 i) detain
the water quality volume and to release it over 48 hours; ii) detain
and release over a twenty-four-hour period the expected rainfall resulting
from the one year, twenty-four-hour storm; and iii) reduce the allowable
peak flow rate resulting from the 1.5-, 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 a 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 a 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.
A.
For plans approved on and after July 1, 2014, the flow rate capacity
and velocity requirements for natural and man-made channels shall
be satisfied by compliance with water quantity requirements specified
9 VAC 25-875-600, unless such land-disturbing activities are in accordance
with the grandfathering provisions of 9 VAC 25-875-490.
B.
Pursuant to § 62.1-44.15:53 of the Code of Virginia, an
erosion control plan shall not be approved until it is reviewed by
a certified plan reviewer for ESC. Inspections of land-disturbing
activities shall be conducted by a certified inspector for ESC. The
Erosion and Sediment Control Program of Rappahannock County shall
contain a certified program administrator for ESC, a certified plan
reviewer for ESC, and a certified inspector for ESC (who may be the
same person.)
C.
Rappahannock County hereby designates the CSWCD as the VESCP plan-approving
authority.
D.
The program and regulations provided for in this article shall be
made available for public inspection at the office of the County Administrator.
Land-disturbing activities that meet the criteria below are
regulated as follows:
A.
Land-disturbing activity that disturbs 10,000 square feet or more,
is less than one acre, and not part of a common plan of development
or sale is subject to criteria defined in Article 2 (9 VAC 25-875-540
et seq.) of Part V of the Virginia Erosion and Stormwater Management
Regulation (Regulation).
Notwithstanding any other provisions of the Erosion and Sediment
Control Law for Localities Not Administering a Virginia Erosion and
Stormwater Management Program (ESCL),[1] the following activities are not required to comply with
the ESCL unless otherwise required by federal law:
A.
Disturbance of a land area of less than 10,000 square feet in size;
B.
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs, and maintenance work;
C.
Installation, maintenance, or repair of any individual service connection;
D.
Installation, maintenance, or repair of any underground utility line
when such activity occurs on an existing hard-surfaced road, street,
or sidewalk, provided the land-disturbing activity is confined to
the area of the road, street, or sidewalk that is hard surfaced;
E.
Installation, maintenance, or repair of any septic tank line or drainage
field unless included in an overall plan for land-disturbing activity
relating to construction of the building to be served by the septic
tank system;
F.
Permitted surface or deep mining operations and projects, or oil
and gas operations and projects conducted pursuant to Title 45.2 of
the Code of Virginia;
G.
Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including 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; or as additionally set forth by the Board in regulations. 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 the Code of Virginia;
H.
Installation of fence and sign posts or telephone and electric poles
and other kinds of posts or poles;
I.
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 VESCP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of §§ 98-11, 98-12, and 98-13 of this article are required within 30 days of commencing the land-disturbing activity; and
J.
Discharges to a sanitary sewer or a combined sewer system that are
not from a land-disturbing activity.
[1]
Editor's Note: See Code of Virginia, § 62.1-44.15:51
et seq.
A.
Except as provided herein, no person may engage in any regulated
land-disturbing activity until he or she has submitted to the VESCP
authority an erosion and sediment control plan for the regulated land-disturbing
activity and such plan has been approved by the VESCP authority. No
approval to begin a land-disturbing activity will be issued unless
evidence of VPDES permit coverage is obtained where it is required.
Where the land-disturbing activity results from the construction of
a i) single-family detached residential structure or ii) farm building
or structure on a parcel of land with a total impervious cover percentage,
including the impervious cover from the farm building or structure
to be constructed, of less than 5%, an agreement in lieu of a plan
may be substituted for an erosion and sediment control plan if executed
by the VESCP plan-approving authority.
B.
The standards contained within the Virginia Erosion and Stormwater
Management Regulation (9 VAC 25-875) and Virginia Stormwater Management
Handbook, as amended, are to be used by the applicant when making
a submittal under the provisions of this article and in the preparation
of an erosion and sediment control plan. The VESCP plan-approving
authority, 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 Virginia Erosion
and Stormwater Management Regulation shall take precedence.
C.
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 for Localities
not Administering a Virginia Erosion and Stormwater Management Program
and 9 VAC 25-875, and if the person responsible for carrying out the
plan certifies that he or she will properly perform the erosion and
sediment control measures included in the plan and will comply with
the provisions of this article. 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 VESCP authority, as
required by 9 VAC 25-875-300 and 9 VAC 25-875-550, 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 this article.
D.
However, the VESCP plan-approving authority may waive the responsible
land disturber certificate requirement for an agreement in lieu of
a plan for construction of a single-family detached residential structure.
If a violation occurs during the land-disturbing activity associated
with the construction of the single-family detached residential structure,
then the person responsible for carrying out the agreement in lieu
of a plan shall correct the violation and provide the name of the
responsible land disturber to the VESCP authority. Failure to provide
the name of the responsible land disturber shall be a violation of
this article.
E.
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.
F.
The VESCP 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.
G.
The VESCP authority may require changes to an approved plan when:
(1)
A site 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 VESCP
plan-approving authority and the person responsible for carrying out
the plans.
H.
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 VESCP 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 VESCP plan-approving
authority. The VESCP plan-approving authority shall respond, in writing,
either approving or disapproving such a request. If the VESCP 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.
(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.
I.
In order to prevent further erosion, the County may require approval
of a plan for any land identified in the local program as an erosion
impact area.
J.
When a 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.
K.
As an alternative to submitting soil erosion control and stormwater
management plans pursuant to § 62.1-44.15:34 of the Code
of Virginia to the VESCP authority, any person engaging in more than
one jurisdiction in the creation and operation of a wetland mitigation
or stream restoration bank that has been approved and is operated
in accordance with applicable federal and state guidance, laws, or
regulations for the establishment, use, and operation of i) a wetlands
mitigation or stream restoration bank, pursuant to a mitigation banking
instrument signed by the Department, the Marine Resources Commission,
or the U.S. Army Corps of Engineers, or ii) a stream restoration project
for purposes of reducing nutrients or sediment entering state waters
may submit standards and specifications for Department approval that
describe how land-disturbing activities shall be conducted.
A.
An erosion and sediment control plan shall be filed for a development
and the buildings constructed within, regardless of the phasing of
construction. The erosion and sediment control plan shall be consistent
with the criteria, techniques, and methods in 9 VAC 25-875-560. The
erosion and sediment control plan shall contain all major conservation
decisions to ensure that the entire unit or units of land will be
so treated to achieve the conservation objectives in 9 VAC 25-875-560.
The erosion and sediment control plan may include:
B.
The person responsible for carrying out the plan shall provide the
name of an individual holding a certificate who will be in charge
of and responsible for carrying out the land-disturbing activity to
the VESMP authority. [Note: The VESMP authority may waive the responsible
land disturber certificate requirement for an agreement in lieu of
a plan in accordance with § 62.1-44.15:34 or § 62.1-44.15:55
of the Code of Virginia.]
C.
If individual lots or sections in a residential development are being
developed by different property owners, all land-disturbing activities
related to the building construction shall be covered by an erosion
and sediment control plan or an agreement in lieu of a plan signed
by the property owner.
D.
Land-disturbing activity of less than 10,000 square feet on individual
lots in a residential development shall not be considered exempt from
the provisions of the VESMA, ESCL, or this article if the total land-disturbing
activity in the development is equal to or greater than 10,000 square
feet.
A.
Agencies authorized under any other law to issue grading, building,
or other permits for activities involving land-disturbing activities
shall not issue any such permit unless the applicant submits with
his application an approved erosion and sediment control plan, certification
that the plan will be followed, and evidence of VPDES permit coverage
where it is required.
B.
No person may engage in any land-disturbing activity until he or
she has acquired a land-disturbing permit (unless the proposed land-disturbing
activity is specifically exempt from the provisions of this article),
has paid the fees and has posted the required bond.
C.
An administrative fee in an amount to be determined by the fee schedule
adopted separately by the County shall be paid to Rappahannock County
at the time of submission of the erosion and sediment control plan.
D.
No land-disturbing permit shall be issued until the applicant submits
with his or her application an approved erosion and sediment control
plan, or agreement in lieu of an approved erosion and sediment control
plan, and certification that the plan will be followed.
E.
Applicants for permits may be required to provide to the County a
performance bond with surety, cash escrow, or an irrevocable letter
of credit acceptable to the certified Program Administrator to ensure
that measures could be taken by the County at the applicant's
expense in the event that the applicant fails, after proper notice,
within the time specified to initiate or maintain appropriate conservation
measures required of him or her by the approved plan as a result of
his land-disturbing activity. The amount of the bond or other security
for performance shall not exceed the total of the estimated cost to
initiate and maintain appropriate conservation action based on unit
price for new public or private sector construction in the locality
and a reasonable allowance for estimated administrative costs and
inflation which shall not exceed 25% of the cost of the conservation
action. Should it be necessary for the County to take such conservation
action, the County may collect from the applicant any costs in excess
of the amount of the surety held. Within 60 days of adequate stabilization,
as determined by the certified Program Administrator in any project
or section of a project, such bond, cash escrow or letter of credit,
or the unexpended or unobligated portion thereof, shall be either
refunded to the applicant or terminated, based upon the percentage
of stabilization accomplished in the project or project section. 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 such permits.
A.
The responsible land disturber, as provided by § 62.1-44.15:52
of the Code of Virginia, shall be in charge of and responsible for
carrying out the land-disturbing activity and provide for periodic
inspections of the land-disturbing activity. The person responsible
for carrying out the plan shall monitor the land-disturbing activity.
The person responsible for carrying out the plan will maintain records
of these inspections and maintenance to ensure compliance with the
approved plan and to determine whether the measures required in the
plan are effective in controlling erosion and sedimentation.
B.
A certified inspector shall periodically inspect the land-disturbing
activity in accordance with 9 VAC 25-875-330 to ensure compliance
with the approved plan and to determine whether the measures required
in the plan are effective in controlling erosion and sedimentation.
The owner, permittee, or person responsible for carrying out the plan
shall be given notice of the inspection and shall allow such inspection
in accordance with § 62.1-44.15:60 of the Code of Virginia
and the land-disturbing permit.
(1)
If the certified inspector determines that there is a failure to
comply with the plan, notice to comply may be served upon the permittee
or person responsible for carrying out the plan. Such notice shall
be served by delivery by facsimile, email, or other technology; by
mailing with confirmation of delivery to the address specified in
the permit application or in the plan certification, if available,
or in the land records of the locality; or by delivery at the site
of the land-disturbing activities to the agent or employee supervising
such activities.
(2)
The notice to comply shall specify the measures needed to comply
with the land-disturbance approval conditions or shall identify the
plan approval or land-disturbance approval needed to comply with this
article and shall specify a reasonable time within which such measures
shall be completed. Upon failure to comply within the specified time,
any plan approval or land-disturbance approval may be revoked and
the permittee or person responsible for carrying out the plan shall
be subject to the penalties provided by this article.
C.
Upon issuance of an inspection report denoting a violation of § 62.1-44.15:55
of the Code of Virginia, the certified Program Administrator may,
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.
(1)
If land-disturbing activities have commenced without an approved
plan, the certified Program Administrator may issue an order requiring
that all of the land-disturbing activities be stopped until an approved
plan or any required permits are obtained.
(2)
Where the alleged noncompliance is causing or is in imminent danger
of causing harmful erosion of lands or sediment deposition in waters
within the watersheds of the commonwealth, or where the land-disturbing
activities have commenced without an approved plan, such a stop-work
order may be issued without regard to whether the alleged violator
has been issued a notice to comply as specified in this article. Otherwise,
such an order may be issued only after the alleged violator has failed
to comply with such a notice to comply.
(3)
The stop-work 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 County or permit holder
for appropriate relief to the Circuit Court of Rappahannock County.
The County shall serve such order for disturbance without an approved
plan upon the owner by mailing with confirmation of delivery to the
address specified in the land records. The order shall be posted on
the site where the disturbance is occurring, and shall remain in effect
until permits and plan approvals are secured, except in such situations
where an agricultural exemption applies.
(4)
If the alleged violator has not obtained an approved plan within
seven days from the date of service of the stop-work order, the certified
Program Administrator may issue an order to the owner requiring that
all construction and other work on the site, other than corrective
measures, be stopped until an approved plan has been obtained. Such
an order shall be served upon the owner by mailing with confirmation
of delivery to the address specified in the plan or the land records
of the County.
(5)
The owner may appeal the issuance of an order to the Circuit Court
of Rappahannock County.
(6)
Any person violating or failing, neglecting or refusing to obey an
order issued by the certified Program Administrator may be compelled
in a proceeding instituted in the Circuit Court of Rappahannock County
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy.
(7)
Upon completion and approval of corrective action or obtaining an
approved plan, the order shall immediately be lifted.
(8)
Nothing in this section shall prevent the certified Program Administrator
from taking any other action authorized by this article or other applicable
laws.
A.
Any person who has violated or failed, neglected, or refused to obey
any order, notice, or requirement of the VESCP authority, any condition
of a land-disturbance approval, or any provision of this article shall,
upon a finding of the District Court of Rappahannock County, be assessed
a civil penalty. The civil penalty for any one violation shall be
not less than $100 nor more than $1,000, 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 have existed 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 $10,000,
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 a total of $10,000.
B.
The certified Program Administrator, or the owner or property which
has sustained damage, or which is in imminent danger of being damaged,
may apply to the Circuit Court of Rappahannock County to enjoin a
violation or a threatened violation of § 62.1-44.15:55 or
62.1-44.15:58 of the Code of Virginia, without the necessity of showing
that an adequate remedy at law does not exist. However, an owner of
property shall not apply for injunctive relief unless i) he has notified,
in writing, the person who has violated the local program, and the
program authority, that a violation of the local program has caused,
or creates a probability of causing, damage to his property, and ii)
neither the person who has violated the local program nor the program
authority has taken corrective action within 15 days to eliminate
the conditions which have caused, or create the probability of causing,
damage to his property.
C.
In addition to any criminal or civil penalties provided under this
article, any person who violates any provision of the Erosion and
Sediment Control Law may be liable to Rappahannock County in a civil
action for damages.
D.
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 Rappahannock County. Any civil penalties
assessed by a court shall be paid into the treasury of Rappahannock
County, 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.
E.
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this article, or order of the VESCP authority, the County may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection D of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection A or D.
F.
The Commonwealth's Attorney shall, upon request of the certified
Program Administrator, take legal action to enforce the provisions
of this article.
Final decisions of the County under this article shall be subject
to review by the Circuit Court of Rappahannock County, provided 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.
