                                 CODE OF VIRGINIA

POWERS AND DUTIES; CIVIL PENALTIES (§ 62.1-44.15)

It shall be the duty of the Board and it shall have the authority:

1. [Repealed.]

2. To study and investigate all problems concerned with the quality of state
waters and to make reports and recommendations.

   2a. To study and investigate methods, procedures, devices, appliances, and
   technologies that could assist in water conservation or water consumption
   reduction.

   2b. To coordinate its efforts toward water conservation with other persons or
   groups, within or without the Commonwealth.

   2c. To make reports concerning, and formulate recommendations based upon, any
   such water conservation studies to ensure that present and future water needs
   of the citizens of the Commonwealth are met.

   3a. To establish such standards of quality and policies for any state waters
   consistent with the general policy set forth in this chapter, and to modify,
   amend, or cancel any such standards or policies established and to take all
   appropriate steps to prevent quality alteration contrary to the public
   interest or to standards or policies thus established, except that a
   description of provisions of any proposed standard or policy adopted by
   regulation which are more restrictive than applicable federal requirements,
   together with the reason why the more restrictive provisions are needed, shall
   be provided to the standing committee of each house of the General Assembly to
   which matters relating to the content of the standard or policy are most
   properly referable. The Board shall, from time to time, but at least once
   every three years, hold public hearings pursuant to &#xA7; 2.2-4007.01 but,
   upon the request of an affected person or upon its own motion, hold hearings
   pursuant to &#xA7; 2.2-4009, for the purpose of reviewing the standards of
   quality, and, as appropriate, adopting, modifying, or canceling such
   standards. Whenever the Board considers the adoption, modification, amendment,
   or cancellation of any standard, it shall give due consideration to, among
   other factors, the economic and social costs and benefits which can reasonably
   be expected to obtain as a consequence of the standards as adopted, modified,
   amended, or cancelled. The Board shall also give due consideration to the
   public health standards issued by the Virginia Department of Health with
   respect to issues of public health policy and protection. If the Board does
   not follow the public health standards of the Virginia Department of Health,
   the Board&#8217;s reason for any deviation shall be made in writing and
   published for any and all concerned parties.

   3b. Except as provided in subdivision (3a), such standards and policies are to
   be adopted or modified, amended, or cancelled in the manner provided by the
   Administrative Process Act (&#xA7; 2.2-4000 et seq.).

4. To conduct or have conducted scientific experiments, investigations, studies,
and research to discover methods for maintaining water quality consistent with
the purposes of this chapter. To this end the Board may cooperate with any
public or private agency in the conduct of such experiments, investigations, and
research and may receive in behalf of the Commonwealth any moneys that any such
agency may contribute as its share of the cost under any such cooperative
agreement. Such moneys shall be used only for the purposes for which they are
contributed and any balance remaining after the conclusion of the experiments,
investigations, studies, and research, shall be returned to the contributors.

5. To issue, revoke, or amend certificates and land-disturbance approvals under
prescribed conditions for (a) the discharge of sewage, stormwater, industrial
wastes, and other wastes into or adjacent to state waters; (b) the alteration
otherwise of the physical, chemical, or biological properties of state waters;
(c) excavation in a wetland; or (d) on and after October 1, 2001, the conduct of
the following activities in a wetland: (i) new activities to cause draining that
significantly alters or degrades existing wetland acreage or functions, (ii)
filling or dumping, (iii) permanent flooding or impounding, or (iv) new
activities that cause significant alteration or degradation of existing wetland
acreage or functions. However, to the extent allowed by federal law, any person
holding a certificate issued by the Board that is intending to upgrade the
permitted facility by installing technology, control equipment, or other
apparatus that the permittee demonstrates to the satisfaction of the Director
will result in improved energy efficiency, reduction in the amount of nutrients
discharged, and improved water quality shall not be required to obtain a new,
modified, or amended permit. The permit holder shall provide the demonstration
anticipated by this subdivision to the Department no later than 30 days prior to
commencing construction.

   5a. All certificates issued by the Board under this chapter shall have fixed
   terms. The term of a Virginia Pollution Discharge Elimination System permit
   shall not exceed five years. The term of a Virginia Water Protection Permit
   shall be based upon the projected duration of the project, the length of any
   required monitoring, or other project operations or permit conditions;
   however, the term shall not exceed 15 years. The term of a Virginia Pollution
   Abatement permit shall not exceed 10 years, except that the term of a Virginia
   Pollution Abatement permit for confined animal feeding operations shall be 10
   years. The Department of Environmental Quality shall inspect all facilities
   for which a Virginia Pollution Abatement permit has been issued to ensure
   compliance with statutory, regulatory, and permit requirements. Department
   personnel performing inspections of confined animal feeding operations shall
   be certified under the voluntary nutrient management training and
   certification program established in &#xA7; 10.1-104.2. The term of a
   certificate issued by the Board shall not be extended by modification beyond
   the maximum duration and the certificate shall expire at the end of the term
   unless an application for a new permit has been timely filed as required by
   the regulations of the Board and the Board is unable, through no fault of the
   permittee, to issue a new permit before the expiration date of the previous
   permit.

   5b. Any certificate or land-disturbance approval issued by the Board under
   this chapter may, after notice and opportunity for a hearing, be amended or
   revoked on any of the following grounds or for good cause as may be provided
   by the regulations of the Board:

      1. The owner has violated any regulation or order of the Board, any
      condition of a certificate or land-disturbance approval, any provision of
      this chapter, or any order of a court, where such violation results in a
      release of harmful substances into the environment, poses a substantial
      threat of release of harmful substances into the environment, causes
      unreasonable property degradation, or presents a hazard to human health or
      the violation is representative of a pattern of serious or repeated
      violations which, in the opinion of the Board, demonstrates the
      owner&#8217;s disregard for or inability to comply with applicable laws,
      regulations, or requirements;

      2. The owner has failed to disclose fully all relevant material facts or has
      misrepresented a material fact in applying for a certificate or
      land-disturbance approval, or in any other report or document required under
      this law or under the regulations of the Board;

      3. The activity for which the certificate or land-disturbance approval was
      issued endangers human health or the environment or causes unreasonable
      property degradation and can be regulated to acceptable levels or practices
      by amendment or revocation of the certificate or land-disturbance approval;
      or

      4. There exists a material change in the basis on which the certificate,
      land-disturbance approval, or permit was issued that requires either a
      temporary or a permanent reduction or elimination of any discharge or
      land-disturbing activity controlled by the certificate, land-disturbance
      approval, or permit necessary to protect human health or the environment or
      stop or prevent unreasonable degradation of property.

   5c. Any certificate issued by the Board under this chapter relating to
   dredging projects governed under Chapter 12 (&#xA7; 28.2-1200 et seq.) or
   Chapter 13 (&#xA7; 28.2-1300 et seq.) of Title 28.2 may be conditioned upon a
   demonstration of financial responsibility for the completion of compensatory
   mitigation requirements. Financial responsibility may be demonstrated by a
   letter of credit, a certificate of deposit, or a performance bond executed in
   a form approved by the Board. If the U.S. Army Corps of Engineers requires
   demonstration of financial responsibility for the completion of compensatory
   mitigation required for a particular project, then the mechanism and amount
   approved by the U.S. Army Corps of Engineers shall be used to meet this
   requirement.

6. To make investigations and inspections, to ensure compliance with the
conditions of any certificates, land-disturbance approvals, standards, policies,
rules, regulations, rulings, and orders that it may adopt, issue, or establish,
and to furnish advice, recommendations, or instructions for the purpose of
obtaining such compliance. In recognition of &#xA7;&#xA7; 32.1-164 and
62.1-44.18, the Board and the State Department of Health shall enter into a
memorandum of understanding establishing a common format to consolidate and
simplify inspections of sewage treatment plants and coordinate the scheduling of
the inspections. The new format shall ensure that all sewage treatment plants
are inspected at appropriate intervals in order to protect water quality and
public health and at the same time avoid any unnecessary administrative burden
on those being inspected.

7. To adopt rules governing the procedure of the Board with respect to (a)
hearings; (b) the filing of reports; (c) the issuance of certificates and
orders; and (d) all other matters relating to procedure; and to amend or cancel
any rule adopted. Public notice of every rule adopted under this section shall
be by such means as the Board may prescribe.

   8a. Except as otherwise provided in subdivision (19) and Article 2.3 (&#xA7;
   62.1-44.15:24 et seq.), to issue special orders to owners, including owners as
   defined in &#xA7; 62.1-44.15:24, who (i) are permitting or causing the
   pollution, as defined by &#xA7; 62.1-44.3, of state waters or the unreasonable
   degradation of property to cease and desist from such pollution or
   degradation, (ii) have failed to construct facilities in accordance with final
   approved plans and specifications to construct such facilities in accordance
   with final approved plans and specifications, (iii) have violated the terms
   and provisions of a certificate or land-disturbance approval issued by the
   Board to comply with such terms and provisions, (iv) have failed to comply
   with a directive from the Board to comply with such directive, (v) have
   contravened duly adopted and promulgated water quality standards and policies
   to cease and desist from such contravention and to comply with such water
   quality standards and policies, (vi) have violated the terms and provisions of
   a pretreatment permit issued by the Board or by the owner of a publicly owned
   treatment works to comply with such terms and provisions, or (vii) have
   contravened any applicable pretreatment standard or requirement to comply with
   such standard or requirement; and also to issue such orders to require any
   owner to comply with the provisions of this chapter and any decision of the
   Board. Except as otherwise provided by a separate article, orders issued
   pursuant to this subdivision may include civil penalties of up to $ 32,500 per
   violation, not to exceed $ 100,000 per order. The Board may assess penalties
   under this subdivision if (a) the person has been issued at least two written
   notices of alleged violation by the Department for the same or substantially
   related violations at the same site, (b) such violations have not been
   resolved by demonstration that there was no violation, by an order issued by
   the Board or the Director, or by other means, (c) at least 130 days have
   passed since the issuance of the first notice of alleged violation, and (d)
   there is a finding that such violations have occurred after a hearing
   conducted in accordance with subdivision (8b). The actual amount of any
   penalty assessed shall be based upon the severity of the violations, the
   extent of any potential or actual environmental harm, the compliance history
   of the facility or person, any economic benefit realized from the
   noncompliance, and the ability of the person to pay the penalty. The Board
   shall provide the person with the calculation for the proposed penalty prior
   to any hearing conducted for the issuance of an order that assesses penalties
   pursuant to this subdivision. The issuance of a notice of alleged violation by
   the Department shall not be considered a case decision as defined in &#xA7;
   2.2-4001. Any notice of alleged violation shall include a description of each
   violation, the specific provision of law violated, and information on the
   process for obtaining a final decision or fact finding from the Department on
   whether or not a violation has occurred, and nothing in this section shall
   preclude an owner from seeking such a determination. Such civil penalties
   shall be paid into the state treasury and deposited by the State Treasurer
   into the Virginia Environmental Emergency Response Fund (&#xA7; 10.1-2500 et
   seq.), except that civil penalties assessed for violations of Article 9
   (&#xA7; 62.1-44.34:8 et seq.) or Article 11 (&#xA7; 62.1-44.34:14 et seq.)
   shall be paid into the Virginia Petroleum Storage Tank Fund in accordance with
   &#xA7; 62.1-44.34:11, and except that civil penalties assessed for violations
   of subdivision (19) or Article 2.3 (&#xA7; 62.1-44.15:24 et seq.) shall be
   paid into the Stormwater Local Assistance Fund in accordance with &#xA7;
   62.1-44.15:29.1.

   8b. Such special orders are to be issued only after a hearing before a hearing
   officer appointed by the Supreme Court in accordance with &#xA7; 2.2-4020 or,
   if requested by the person, before a quorum of the Board with at least 30
   days&#8217; notice to the affected owners, of the time, place, and purpose
   thereof, and they shall become effective not less than 15 days after service
   as provided in &#xA7; 62.1-44.12, provided that if the Board finds that any
   such owner is grossly affecting or presents an imminent and substantial danger
   to (i) the public health, safety, or welfare, or the health of animals, fish,
   or aquatic life; (ii) a public water supply; or (iii) recreational,
   commercial, industrial, agricultural, or other reasonable uses, it may issue,
   without advance notice or hearing, an emergency special order directing the
   owner to cease such pollution or discharge immediately, and shall provide an
   opportunity for a hearing, after reasonable notice as to the time and place
   thereof to the owner, to affirm, modify, amend, or cancel such emergency
   special order. If an owner who has been issued such a special order or an
   emergency special order is not complying with the terms thereof, the Board may
   proceed in accordance with &#xA7; 62.1-44.23, and where the order is based on
   a finding of an imminent and substantial danger, the court shall issue an
   injunction compelling compliance with the emergency special order pending a
   hearing by the Board. If an emergency special order requires cessation of a
   discharge, the Board shall provide an opportunity for a hearing within 48
   hours of the issuance of the injunction.

   8c. The provisions of this section notwithstanding, the Board may proceed
   directly under &#xA7; 62.1-44.32 for any past violation or violations of any
   provision of this chapter or any regulation duly promulgated hereunder.

   8d. Except as otherwise provided in subdivision (19), subdivision 2 of &#xA7;
   62.1-44.15:25, or &#xA7; 62.1-44.15:63, with the consent of any owner who has
   violated or failed, neglected, or refused to obey any regulation or order of
   the Board, any condition of a certificate, land-disturbance approval, or
   permit, or any provision of this chapter, the Board may provide, in an order
   issued by the Board against such person, for the payment of civil charges for
   past violations in specific sums not to exceed the limit specified in
   subsection (a) of &#xA7; 62.1-44.32. Such civil charges shall be instead of
   any appropriate civil penalty which could be imposed under subsection (a) of
   &#xA7; 62.1-44.32 and shall not be subject to the provisions of &#xA7;
   2.2-514. Such civil charges shall be paid into the state treasury and
   deposited by the State Treasurer into the Virginia Environmental Emergency
   Response Fund (&#xA7; 10.1-2500 et seq.), excluding civil charges assessed for
   violations of Article 9 (&#xA7; 62.1-44.34:8 et seq.) or 10 (&#xA7;
   62.1-44.34:10 et seq.) of Chapter 3.1, or a regulation, administrative or
   judicial order, or term or condition of approval relating to or issued under
   those articles, or civil charges assessed for violations of Article 2.3
   (&#xA7; 62.1-44.15:24 et seq.) or 2.5 (&#xA7; 62.1-44.15:67 et seq.) or a
   regulation, administrative or judicial order, or term or condition of approval
   relating to or issued under Article 2.3 or 2.5.
   				The amendments to this section adopted by the 1976 Session of the General
   Assembly shall not be construed as limiting or expanding any cause of action
   or any other remedy possessed by the Board prior to the effective date of said
   amendments.

   8e. The Board shall develop and provide an opportunity for public comment on
   guidelines and procedures that contain specific criteria for calculating the
   appropriate penalty for each violation based upon the severity of the
   violations, the extent of any potential or actual environmental harm, the
   compliance history of the facility or person, any economic benefit realized
   from the noncompliance, and the ability of the person to pay the penalty.

   8f. Before issuing a special order under subdivision (8a) or by consent under
   (8d), with or without an assessment of a civil penalty, to an owner of a
   sewerage system requiring corrective action to prevent or minimize overflows
   of sewage from such system, the Board shall provide public notice of and
   reasonable opportunity to comment on the proposed order. Any such order under
   subdivision (8d) may impose civil penalties in amounts up to the maximum
   amount authorized in &#xA7; 309(g) of the Clean Water Act. Any person who
   comments on the proposed order shall be given notice of any hearing to be held
   on the terms of the order. In any hearing held, such person shall have a
   reasonable opportunity to be heard and to present evidence. If no hearing is
   held before issuance of an order under subdivision (8d), any person who
   commented on the proposed order may file a petition, within 30 days after the
   issuance of such order, requesting the Board to set aside such order and
   provide a formal hearing thereon. If the evidence presented by the petitioner
   in support of the petition is material and was not considered in the issuance
   of the order, the Board shall immediately set aside the order, provide a
   formal hearing, and make such petitioner a party. If the Board denies the
   petition, the Board shall provide notice to the petitioner and make available
   to the public the reasons for such denial, and the petitioner shall have the
   right to judicial review of such decision under &#xA7; 62.1-44.29 if he meets
   the requirements thereof.

   8g. To issue special orders for violations of this chapter to persons
   constructing or operating any natural gas transmission pipeline greater than
   36 inches inside diameter. An order issued pursuant to this subdivision may
   include a civil penalty of up to $50,000 per violation, not to exceed $500,000
   per order. The Board may assess a penalty under this subdivision if (i) the
   person has been issued at least two written notices of alleged violation by
   the Department for violations involving the same pipeline; (ii) such
   violations have not been resolved by a demonstration that there was no
   violation, by an order issued by the Board or the Director, including an order
   pursuant to subdivision (8d), or by other means; and (iii) there is a finding
   that such violation occurred after a hearing was conducted (a) before a
   hearing officer appointed by the Supreme Court, (b) in accordance with &#xA7;
   2.2-4020, and (c) with at least 30 days&#8217; notice to such person of the
   time, place, and purpose thereof. Such order shall become effective not less
   than 15 days after service as provided in &#xA7; 62.1-44.12. The actual amount
   of any penalty assessed shall be based upon the severity of the violation, the
   extent of any potential or actual environmental harm, the compliance history
   of the person, any economic benefit realized from the noncompliance, and the
   ability of the person to pay the penalty. The Board shall provide the person
   with the calculation for the proposed penalty prior to any hearing conducted
   for the issuance of an order that assesses penalties pursuant to this
   subdivision. The issuance of a notice of alleged violation by the Department
   shall not be a case decision as defined in &#xA7; 2.2-4001. Any notice of
   alleged violation shall include a description of each violation, the specific
   provision of law violated, and information on the process for obtaining a
   final decision or fact-finding from the Department on whether or not a
   violation has occurred, and nothing in this subdivision shall preclude a
   person from seeking such a determination. Such civil penalties shall be paid
   into the state treasury and deposited by the State Treasurer into the Virginia
   Environmental Emergency Response Fund (&#xA7; 10.1-2500 et seq.), except that
   civil penalties assessed for violations of Article 2.3 (&#xA7; 62.1-44.15:24
   et seq.) or 2.4 (&#xA7; 62.1-44.15:51 et seq.) shall be paid into the state
   treasury and deposited by the State Treasurer into the Virginia Stormwater
   Management Fund (&#xA7; 62.1-44.15:29).

9. To make such rulings under &#xA7;&#xA7; 62.1-44.16, 62.1-44.17, and
62.1-44.19 as may be required upon requests or applications to the Board, the
owner or owners affected to be notified by certified mail as soon as practicable
after the Board makes them and such rulings to become effective upon such
notification.

10. To adopt such regulations as it deems necessary to enforce the general soil
erosion control and stormwater management program and water quality management
program of the Board in all or part of the Commonwealth, except that a
description of provisions of any proposed regulation which are more restrictive
than applicable federal requirements, together with the reason why the more
restrictive provisions are needed, shall be provided to the standing committee
of each house of the General Assembly to which matters relating to the content
of the regulation are most properly referable.

11. To investigate any large-scale killing of fish.

   a. Whenever the Board shall determine that any owner, whether or not he shall
   have been issued a certificate for discharge of waste, has discharged sewage,
   industrial waste, or other waste into state waters in such quantity,
   concentration, or manner that fish are killed as a result thereof, it may
   effect such settlement with the owner as will cover the costs incurred by the
   Board and by the Department of Wildlife Resources in investigating such
   killing of fish, plus the replacement value of the fish destroyed, or as it
   deems proper, and if no such settlement is reached within a reasonable time,
   the Board shall authorize its executive secretary to bring a civil action in
   the name of the Board to recover from the owner such costs and value, plus any
   court or other legal costs incurred in connection with such action.

   b. If the owner is a political subdivision of the Commonwealth, the action may
   be brought in any circuit court within the territory embraced by such
   political subdivision. If the owner is an establishment, as defined in this
   chapter, the action shall be brought in the circuit court of the city or the
   circuit court of the county in which such establishment is located. If the
   owner is an individual or group of individuals, the action shall be brought in
   the circuit court of the city or circuit court of the county in which such
   person or any of them reside.

   c. For the purposes of this subdivision 11, the State Water Control Board
   shall be deemed the owner of the fish killed and the proceedings shall be as
   though the State Water Control Board were the owner of the fish. The fact that
   the owner has or held a certificate issued under this chapter shall not be
   raised as a defense in bar to any such action.

   d. The proceeds of any recovery had under this subdivision 11 shall, when
   received by the Board, be applied, first, to reimburse the Board for any
   expenses incurred in investigating such killing of fish. The balance shall be
   paid to the Board of Wildlife Resources to be used for the fisheries&#8217;
   management practices as in its judgment will best restore or replace the
   fisheries&#8217; values lost as a result of such discharge of waste,
   including, where appropriate, replacement of the fish killed with game fish or
   other appropriate species. Any such funds received are hereby appropriated for
   that purpose.

   e. Nothing in this subdivision 11 shall be construed in any way to limit or
   prevent any other action which is now authorized by law by the Board against
   any owner.

   f. Notwithstanding the foregoing, the provisions of this subdivision 11 shall
   not apply to any owner who adds or applies any chemicals or other substances
   that are recommended or approved by the State Department of Health to state
   waters in the course of processing or treating such waters for public water
   supply purposes, except where negligence is shown.

12. To administer programs of financial assistance for planning, construction,
operation, and maintenance of water quality control facilities for political
subdivisions in the Commonwealth.

13. To establish policies and programs for effective area-wide or basin-wide
water quality control and management. The Board may develop comprehensive
pollution abatement and water quality control plans on an area-wide or
basin-wide basis. In conjunction with this, the Board, when considering
proposals for waste treatment facilities, is to consider the feasibility of
combined or joint treatment facilities and is to ensure that the approval of
waste treatment facilities is in accordance with the water quality management
and pollution control plan in the watershed or basin as a whole. In making such
determinations, the Board is to seek the advice of local, regional, or state
planning authorities.

14. To establish requirements for the treatment of sewage, industrial wastes,
and other wastes that are consistent with the purposes of this chapter; however,
no treatment shall be less than secondary or its equivalent, unless the owner
can demonstrate that a lesser degree of treatment is consistent with the
purposes of this chapter.

15. To promote and establish requirements for the reclamation and reuse of
wastewater that are protective of state waters and public health as an
alternative to directly discharging pollutants into waters of the state. The
requirements shall address various potential categories of reuse and may include
general permits and provide for greater flexibility and less stringent
requirements commensurate with the quality of the reclaimed water and its
intended use. The requirements shall be developed in consultation with the
Department of Health and other appropriate state agencies. This authority shall
not be construed as conferring upon the Board any power or duty duplicative of
those of the State Board of Health.

16. To establish and implement policies and programs to protect and enhance the
Commonwealth&#8217;s wetland resources. Regulatory programs shall be designed to
achieve no net loss of existing wetland acreage and functions. Voluntary and
incentive-based programs shall be developed to achieve a net resource gain in
acreage and functions of wetlands. The Board shall seek and obtain advice and
guidance from the Virginia Institute of Marine Science in implementing these
policies and programs.

17. To establish additional procedures for obtaining a Virginia Water Protection
Permit pursuant to &#xA7;&#xA7; 62.1-44.15:20 and 62.1-44.15:22 for a proposed
water withdrawal involving the transfer of water resources between major river
basins within the Commonwealth that may impact water basins in another state.
Such additional procedures shall not apply to any water withdrawal in existence
as of July 1, 2012, except where the expansion of such withdrawal requires a
permit under &#xA7;&#xA7; 62.1-44.15:20 and 62.1-44.15:22, in which event such
additional procedures may apply to the extent of the expanded withdrawal only.
The applicant shall provide as part of the application (i) an analysis of
alternatives to such a transfer, (ii) a comprehensive analysis of the impacts
that would occur in the source and receiving basins, (iii) a description of
measures to mitigate any adverse impacts that may arise, (iv) a description of
how notice shall be provided to interested parties, and (v) any other
requirements that the Board may adopt that are consistent with the provisions of
this section and &#xA7;&#xA7; 62.1-44.15:20 and 62.1-44.15:22 or regulations
adopted thereunder. This subdivision shall not be construed as limiting or
expanding the Board&#8217;s authority under &#xA7;&#xA7; 62.1-44.15:20 and
62.1-44.15:22 to issue permits and impose conditions or limitations on the
permitted activity.

18. To be the lead agency for the Commonwealth&#8217;s nonpoint source pollution
management program, including coordination of the nonpoint source control
elements of programs developed pursuant to certain state and federal laws,
including &#xA7; 319 of the federal Clean Water Act and &#xA7; 6217 of the
federal Coastal Zone Management Act. Further responsibilities include the
adoption of regulations necessary to implement a nonpoint source pollution
management program in the Commonwealth, the distribution of assigned funds, the
identification and establishment of priorities to address nonpoint source
related water quality problems, the administration of the Statewide Nonpoint
Source Advisory Committee, and the development of a program for the prevention
and control of soil erosion, sediment deposition, and nonagricultural runoff to
conserve Virginia&#8217;s natural resources.

19. To review for compliance with the provisions of this chapter the Virginia
Erosion and Stormwater Management Programs adopted by localities pursuant to
&#xA7; 62.1-44.15:27, the Virginia Erosion and Sediment Control Programs adopted
by localities pursuant to subdivision B 3 of &#xA7; 62.1-44.15:27, and the
programs adopted by localities pursuant to the Chesapeake Bay Preservation Act
(&#xA7; 62.1-44.15:67 et seq.). The Board shall develop and implement a schedule
for conducting such program reviews as often as necessary but at least once
every five years. Following the completion of a compliance review in which
deficiencies are found, the Board shall establish a schedule for the locality to
follow in correcting the deficiencies and bringing its program into compliance.
If the locality fails to bring its program into compliance in accordance with
the compliance schedule, then the Board is authorized to (i) issue a special
order to any locality imposing a civil penalty not to exceed $ 5,000 per
violation with the maximum amount not to exceed $ 50,000 per order for
noncompliance with the state program, to be paid into the state treasury and
deposited in the Stormwater Local Assistance Fund established in &#xA7;
62.1-44.15:29.1 or (ii) with the consent of the locality, provide in an order
issued against the locality for the payment of civil charges for violations in
lieu of civil penalties, in specific sums not to exceed the limit stated in this
subdivision. Such civil charges shall be in lieu of any appropriate civil
penalty that could be imposed under subsection (a) of &#xA7; 62.1-44.32 and
shall not be subject to the provisions of &#xA7; 2.2-514. The Board shall not
delegate to the Department its authority to issue special orders pursuant to
clause (i). In lieu of issuing an order, the Board is authorized to take legal
action against a locality pursuant to &#xA7; 62.1-44.23 to ensure compliance.

HISTORY: Code 1950, § 62.1-27; 1968, c. 659; 1970, c. 638; 1972, c. 741; 1975,
c. 335; 1976, c. 621; 1977, c. 32; 1978, c. 827; 1984, c. 11; 1985, cc. 249,
397; 1988, cc. 167, 328; 1989, c. 389; 1990, c. 717; 1991, cc. 239, 718; 1993,
c. 456; 1994, c. 698; 1998, cc. 805, 863; 2000, cc. 972, 1032, 1054; 2002, cc.
49, 396; 2004, c. 431; 2005, c. 706; 2007, cc. 144, 633, 873, 916; 2011, cc. 52,
101; 2012, cc. 574, 581; 2013, cc. 756, 793; 2016, cc. 68, 758; 2020, cc. 449,
958.