                                 CODE OF VIRGINIA

CONDUCT OF SILVICULTURAL ACTIVITIES; ISSUANCE OF SPECIAL ORDERS (§ 10.1-1181.2)

A. If the State Forester believes that an owner or operator has conducted or is
conducting or has allowed or is allowing the conduct of any silvicultural
activity in a manner that is causing or is likely to cause pollution, he may
enter upon the silvicultural operation for inspection to determine whether the
activity is causing or likely to cause pollution and notify the owner or
operator regarding the activity that is causing or likely to cause pollution and
recommend (i) corrective measures and (ii) a reasonable time period to prevent,
mitigate, or eliminate the pollution. If the owner or operator fails to take
action to prevent, mitigate, or eliminate the pollution, the State Forester
shall issue a special order pursuant to subsection B or C. Failure of the State
Forester to notify an owner or operator of such corrective measures shall not
impair the State Forester&#8217;s authority to issue special orders pursuant to
subsection B or C.

B. The State Forester shall have the authority to issue special orders to any
owner or operator who has conducted or is conducting, or has allowed or is
allowing to be conducted, any silvicultural activity in a manner that is causing
or is likely to cause pollution, to cease immediately all or part of the
silvicultural activities on the site, and to implement specified corrective
measures within a stated period of time. Such special orders are to be issued
only after the owner or operator has been given the opportunity for a hearing
with reasonable notice to the owner or operator, or both, of the time, place and
purpose thereof, and they shall become effective not less than five days after
service as provided in subsection D.

C. If the State Forester finds that any owner or operator is conducting any
silvicultural activity in a manner that is causing or is likely to cause an
alteration of the physical, chemical or biological properties of any state
waters resulting from sediment deposition presenting 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, the State
Forester may issue, without advance notice or hearing, an emergency order
directing the owner or operator, or both, to cease immediately all or part of
the silvicultural activities on the site, and to implement specified corrective
measures within a stated period of time. The commencement of proceedings by the
State Forester for the issuance of a special order pursuant to subsection B
shall not impair the State Forester&#8217;s authority to issue an emergency
special order pursuant to this subsection. The State Forester shall provide an
opportunity for a hearing, after reasonable notice as to the time and place
thereof to the owner or operator, to affirm, modify, amend or cancel such
emergency special order.

D. The owner or operator to whom such special order is directed shall be
notified 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
State Forester, and the time limits specified shall be counted from the date of
receipt.

E. The State Forester shall not issue a special order to any owner or operator
who has incorporated generally acceptable water quality protection techniques in
the operation of silvicultural activities, which techniques have failed to
prevent pollution, if the State Forester determines that the pollution is the
direct result of unusual weather events that could not have been reasonably
anticipated.

F. Any hearing required under this section shall be conducted in accordance with
&#xA7; 2.2-4020 unless the parties consent to informal proceedings.

G. The State Forester shall not issue a notice under subsection A or a special
order or emergency special order under subsection B or C more than one year
after the silvicultural activity has occurred on the property. Any such notice,
special order, or emergency special order shall remain in effect until the State
Forester determines that corrective measures specified therein have been
implemented.

H. Prior to completion but not later than three working days after the
commencement of an operation, the operator shall notify the State Forester of
the commercial harvesting of timber. For the purpose of this section, commercial
harvesting of timber means the harvesting of trees for the primary purpose of
transporting to another site for additional manufacturing. The notification may
be verbal or written and shall (i) specify the location and the actual or
anticipated date of the activity, (ii) include an owner&#8217;s name or the
owner&#8217;s representative or agent and contact information, and (iii) be
provided in a manner or form as prescribed by the State Forester. If an operator
fails to comply with the provisions of this subsection, the State Forester may
assess a civil penalty of $250 for the initial violation and not more than
$1,000 for any subsequent violation within a 24-month period by the operator.
Such civil penalties shall be paid into the state treasury and credited to the
Virginia Forest Water Quality Fund pursuant to &#xA7; 10.1-1181.7.

HISTORY: 1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812;
2004, c. 228; 2009, c. 572.