{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-403.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-403.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-403.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-403.html"}],"law_id":72474,"edition_id":1,"section_id":72474,"structure_id":14458,"section_number":"3.2-403","catch_line":"Issuance of corrective orders","history":"1996, c. 773, \u00a7 10.1-559.4; 2000, c. 973; 2008, c. 860.","full_text":"A\n\nIf any owner or operator who has been issued a notice under § 3.2-402 fails to submit an agricultural stewardship plan, begin actively implementing the plan, complete implementation of the plan, or maintain the stewardship measures as provided in § 3.2-402, the Commissioner shall issue a corrective order to such owner or operator. The order shall require that such activity be accomplished within a stated period of time.B\n\nA corrective order issued pursuant to subsection A shall be issued only after an informal fact-finding conference, with reasonable notice being given to the owner or operator, or both, of the time, place, and purpose thereof, and shall become effective not less than five days after date of delivery to the last known address as provided in subsection C. The corrective order shall be suspended pending appeal by the recipient made within five days after delivery of such order to the last known address of the owner or operator.C\n\nThe Commissioner shall mail a copy of the corrective order by certified mail, return receipt requested, sent to the last known address of the owner or operator, or by personal delivery by an agent of the Commonwealth.D\n\nNotwithstanding other provisions of this chapter, if the Commissioner determines that a recurring polluting condition that is the subject of an approved plan is occurring or that an emergency condition exists due to runoff from an agricultural activity that is causing or is likely to cause an imminent or substantial danger to: (i) the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other beneficial uses, the Commissioner may issue, without advance notice, informal fact-finding conference, or hearing, an emergency corrective order. Such order may direct the owner or operator of the agricultural activity, or both, to cease immediately all or part of the agricultural activity and to implement specified stewardship measures or any necessary emergency measures within a stated period of time. Following the issuance of an emergency corrective order, the Commissioner shall provide the opportunity for a hearing or an informal fact-finding conference, after reasonable notice as to the time and place thereof, to the owner or operator, for the purpose of affirming, modifying, amending, or canceling the emergency corrective order.E\n\nThe Commissioner shall not issue a corrective order to any land owner or operator if the person is:1\n\nActively implementing the agricultural stewardship plan that has been reviewed by the district where the agricultural activity is located and approved by the Commissioner, or2\n\nActively implementing stewardship measures that have failed to prevent pollution, if the Commissioner determines that the pollution is a direct result of unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.","order_by":null,"text":{"0":{"id":261030,"text":"If any owner or operator who has been issued a notice under § 3.2-402 fails to submit an agricultural stewardship plan, begin actively implementing the plan, complete implementation of the plan, or maintain the stewardship measures as provided in § 3.2-402, the Commissioner shall issue a corrective order to such owner or operator. The order shall require that such activity be accomplished within a stated period of time.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261031,"text":"A corrective order issued pursuant to subsection A shall be issued only after an informal fact-finding conference, with reasonable notice being given to the owner or operator, or both, of the time, place, and purpose thereof, and shall become effective not less than five days after date of delivery to the last known address as provided in subsection C. The corrective order shall be suspended pending appeal by the recipient made within five days after delivery of such order to the last known address of the owner or operator.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261032,"text":"The Commissioner shall mail a copy of the corrective order by certified mail, return receipt requested, sent to the last known address of the owner or operator, or by personal delivery by an agent of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261033,"text":"Notwithstanding other provisions of this chapter, if the Commissioner determines that a recurring polluting condition that is the subject of an approved plan is occurring or that an emergency condition exists due to runoff from an agricultural activity that is causing or is likely to cause an imminent or substantial danger to: (i) the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other beneficial uses, the Commissioner may issue, without advance notice, informal fact-finding conference, or hearing, an emergency corrective order. Such order may direct the owner or operator of the agricultural activity, or both, to cease immediately all or part of the agricultural activity and to implement specified stewardship measures or any necessary emergency measures within a stated period of time. Following the issuance of an emergency corrective order, the Commissioner shall provide the opportunity for a hearing or an informal fact-finding conference, after reasonable notice as to the time and place thereof, to the owner or operator, for the purpose of affirming, modifying, amending, or canceling the emergency corrective order.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261034,"text":"The Commissioner shall not issue a corrective order to any land owner or operator if the person is:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":261035,"text":"Actively implementing the agricultural stewardship plan that has been reviewed by the district where the agricultural activity is located and approved by the Commissioner, or","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":261036,"text":"Actively implementing stewardship measures that have failed to prevent pollution, if the Commissioner determines that the pollution is a direct result of unusual weather events or other exceptional circumstances that could not have been reasonably anticipated.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1"}},"ancestry":[{"id":14458,"edition_id":1,"name":"Agricultural Stewardship","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":13126,"metadata":{},"date_created":"2026-06-26 03:48:12","date_modified":"2026-06-26 03:48:12","permalink":{"id":194143,"object_type":"structure","relational_id":14458,"identifier":"4","token":"3.2\/I\/4","url":"\/3.2\/I\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13126,"edition_id":1,"name":"General Provisions; Protection and Promotion of Agriculture","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":193941,"object_type":"structure","relational_id":13126,"identifier":"I","token":"3.2\/I","url":"\/3.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55834,"structure_id":14458,"section_number":"3.2-400","catch_line":"Definitions","url":"\/3.2-400\/","token":"3.2\/I\/4\/3.2-400","metadata":false},{"id":70105,"structure_id":14458,"section_number":"3.2-401","catch_line":"Exclusions from chapter","url":"\/3.2-401\/","token":"3.2\/I\/4\/3.2-401","metadata":false},{"id":63587,"structure_id":14458,"section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","url":"\/3.2-402\/","token":"3.2\/I\/4\/3.2-402","metadata":false},{"id":72474,"structure_id":14458,"section_number":"3.2-403","catch_line":"Issuance of corrective orders","url":"\/3.2-403\/","token":"3.2\/I\/4\/3.2-403","metadata":false},{"id":72580,"structure_id":14458,"section_number":"3.2-404","catch_line":"Right of entry; court enforcement","url":"\/3.2-404\/","token":"3.2\/I\/4\/3.2-404","metadata":false},{"id":85440,"structure_id":14458,"section_number":"3.2-405","catch_line":"Appeal","url":"\/3.2-405\/","token":"3.2\/I\/4\/3.2-405","metadata":false},{"id":73080,"structure_id":14458,"section_number":"3.2-406","catch_line":"Penalties; injunctions; enforcement actions","url":"\/3.2-406\/","token":"3.2\/I\/4\/3.2-406","metadata":false},{"id":84425,"structure_id":14458,"section_number":"3.2-407","catch_line":"Liens","url":"\/3.2-407\/","token":"3.2\/I\/4\/3.2-407","metadata":false},{"id":73832,"structure_id":14458,"section_number":"3.2-408","catch_line":"Guidelines to be published by Commissioner; report","url":"\/3.2-408\/","token":"3.2\/I\/4\/3.2-408","metadata":false},{"id":76857,"structure_id":14458,"section_number":"3.2-409","catch_line":"Ordinances","url":"\/3.2-409\/","token":"3.2\/I\/4\/3.2-409","metadata":false},{"id":56797,"structure_id":14458,"section_number":"3.2-410","catch_line":"Construction of chapter","url":"\/3.2-410\/","token":"3.2\/I\/4\/3.2-410","metadata":false}],"previous_section":{"id":63587,"structure_id":14458,"section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","url":"\/3.2-402\/","token":"3.2\/I\/4\/3.2-402","metadata":false},"next_section":{"id":72580,"structure_id":14458,"section_number":"3.2-404","catch_line":"Right of entry; court enforcement","url":"\/3.2-404\/","token":"3.2\/I\/4\/3.2-404","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-403\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 773<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 973<\/a>; in 2008, chapter 860<\/a>.<\/p>","references":[{"id":73080,"section_number":"3.2-406","catch_line":"Penalties; injunctions; enforcement actions","order_by":null,"url":"\/3.2-406\/"}],"refers_to":[{"id":63587,"section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","order_by":null,"url":"\/3.2-402\/"}],"permalink":{"id":194157,"object_type":"law","relational_id":72474,"identifier":"3.2-403","token":"3.2\/I\/4\/3.2-403","url":"\/3.2-403\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-403\/","token":"3.2\/I\/4\/3.2-403","dublin_core":{"Title":"Issuance of corrective orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-403","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If any owner<\/span> or operator<\/span> who has been issued a notice under § 3.2-402<\/a> fails to submit an agricultural stewardship plan<\/span>, begin actively implementing the plan, complete implementation of the plan, or maintain the stewardship measures<\/span> as provided in § 3.2-402<\/a>, the Commissioner<\/span> shall issue<\/span> a corrective order<\/span> to such owner<\/span> or operator<\/span>. The order<\/span> shall require that such activity be accomplished within a stated period of time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A corrective order<\/span> issued pursuant to subsection A shall be issued only after an informal fact<\/span>-finding<\/span> conference<\/span>, with reasonable notice being given to the owner<\/span> or operator<\/span>, or both, of the time, place, and purpose thereof, and shall become effective not less than five days after date of delivery to the last known address as provided in subsection C. The corrective order<\/span> shall be suspended pending appeal<\/span> by the recipient made within five days after delivery of such order<\/span> to the last known address of the owner<\/span> or operator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> shall mail a copy of the corrective order<\/span> by certified mail, return receipt requested, sent to the last known address of the owner<\/span> or operator<\/span>, or by personal delivery by an agent of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding other provisions of this chapter, if the Commissioner<\/span> determines that a recurring polluting condition that is the subject of an approved plan is occurring or that an emergency condition exists due to runoff from an agricultural activity<\/span> that is causing or is likely to cause an imminent or substantial danger to: (i) the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (ii) a public water supply; or (iii) recreational, commercial, industrial, agricultural, or other beneficial uses, the Commissioner<\/span> may issue<\/span>, without advance notice, informal fact<\/span>-finding<\/span> conference<\/span>, or hearing<\/span>, an emergency corrective order<\/span>. Such order<\/span> may direct the owner<\/span> or operator<\/span> of the agricultural activity<\/span>, or both, to cease immediately all or part of the agricultural activity<\/span> and to implement specified stewardship measures<\/span> or any necessary emergency measures within a stated period of time. Following the issuance of an emergency corrective order<\/span>, the Commissioner<\/span> shall provide the opportunity for a hearing<\/span> or an informal fact<\/span>-finding<\/span> conference<\/span>, after reasonable notice as to the time and place thereof, to the owner<\/span> or operator<\/span>, for the purpose of affirming, modifying, amending, or canceling the emergency corrective order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> shall not issue<\/span> a corrective order<\/span> to any land owner<\/span> or operator<\/span> if the person is: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Actively implementing the agricultural stewardship plan<\/span> that has been reviewed by the district<\/span> where the agricultural activity<\/span> is located and approved by the Commissioner<\/span>, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Actively implementing stewardship measures<\/span> that have failed to prevent pollution<\/span>, if the Commissioner<\/span> determines that the pollution<\/span> is a direct result of unusual weather events or other exceptional circumstances that could not have been reasonably anticipated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF CORRECTIVE ORDERS (\u00a7 3.2-403)\n\nA. If any owner or operator who has been issued a notice under § 3.2-402\nfails to submit an agricultural stewardship plan, begin actively implementing\nthe plan, complete implementation of the plan, or maintain the stewardship\nmeasures as provided in § 3.2-402, the Commissioner shall issue a\ncorrective order to such owner or operator. The order shall require that such\nactivity be accomplished within a stated period of time.\n\nB. A corrective order issued pursuant to subsection A shall be issued only after\nan informal fact-finding conference, with reasonable notice being given to the\nowner or operator, or both, of the time, place, and purpose thereof, and shall\nbecome effective not less than five days after date of delivery to the last\nknown address as provided in subsection C. The corrective order shall be\nsuspended pending appeal by the recipient made within five days after delivery\nof such order to the last known address of the owner or operator.\n\nC. The Commissioner shall mail a copy of the corrective order by certified mail,\nreturn receipt requested, sent to the last known address of the owner or\noperator, or by personal delivery by an agent of the Commonwealth.\n\nD. Notwithstanding other provisions of this chapter, if the Commissioner\ndetermines that a recurring polluting condition that is the subject of an\napproved plan is occurring or that an emergency condition exists due to runoff\nfrom an agricultural activity that is causing or is likely to cause an imminent\nor substantial danger to: (i) the public health, safety, or welfare or to the\nhealth of animals, fish, or aquatic life; (ii) a public water supply; or (iii)\nrecreational, commercial, industrial, agricultural, or other beneficial uses,\nthe Commissioner may issue, without advance notice, informal fact-finding\nconference, or hearing, an emergency corrective order. Such order may direct the\nowner or operator of the agricultural activity, or both, to cease immediately\nall or part of the agricultural activity and to implement specified stewardship\nmeasures or any necessary emergency measures within a stated period of time.\nFollowing the issuance of an emergency corrective order, the Commissioner shall\nprovide the opportunity for a hearing or an informal fact-finding conference,\nafter reasonable notice as to the time and place thereof, to the owner or\noperator, for the purpose of affirming, modifying, amending, or canceling the\nemergency corrective order.\n\nE. The Commissioner shall not issue a corrective order to any land owner or\noperator if the person is:\n\n 1. Actively implementing the agricultural stewardship plan that has been\n reviewed by the district where the agricultural activity is located and\n approved by the Commissioner, or\n\n 2. Actively implementing stewardship measures that have failed to prevent\n pollution, if the Commissioner determines that the pollution is a direct\n result of unusual weather events or other exceptional circumstances that could\n not have been reasonably anticipated.\n\nHISTORY: 1996, c. 773, \u00a7 10.1-559.4; 2000, c. 973; 2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}