                                 CODE OF VIRGINIA

MONITORING, INSPECTIONS, COMPLIANCE AND RESTORATION (§ 28.2-1212)

A. The Commissioner may require permittees to implement monitoring and reporting
procedures he believes are reasonably necessary to safeguard the property and
interests of the Commonwealth protected by this chapter.

B. The Commissioner may require such on-site inspections as he believes are
reasonably necessary to determine whether the measures required by the permit
are being properly performed, or whether the provisions of this chapter are
being violated. Prior to conducting such inspections, the Commissioner shall
provide notice to the resident owner, occupier or operator, who shall be given
an opportunity to accompany the site inspector. If it is determined that there
is a failure to comply with the permit, the Commissioner shall serve notice upon
the permittee at the address specified in his permit application or by delivery
at the site of the permitted activities to the person supervising those
activities and designated in the permit to receive the notice. The notice shall
describe the measures needed for compliance and the time within which these
measures shall be completed. Failure of the person to comply within the
specified period is a violation of this section.

C. Upon receipt of a sworn complaint of a substantial violation of this chapter
from the designated enforcement officer, the Commissioner may, in conjunction
with or subsequent to a notice to comply as specified in subsection B of this
section, issue an order requiring all or part of the activities on the site to
be stopped until the specified corrective measures have been taken. In the case
of an activity not authorized under this chapter or where the alleged permit
noncompliance is causing, or is in imminent danger of causing, significant harm
to the subaqueous bottoms protected by this chapter, the order may be issued
without regard to whether the person has been issued a notice to comply as
specified in subsection B of this section. Otherwise, the order may be issued
only after the permittee has failed to comply with the notice to comply. The
order shall be served in the same manner as a notice to comply, and shall remain
in effect for a period of seven days from the date of service pending
application by the Commissioner, permittee, resident owner, occupier, or
operator for appropriate relief to the circuit court of the jurisdiction where
the violation was alleged to have occurred. Upon completion of corrective
action, the order shall immediately be lifted.

D. Upon receipt of a sworn complaint of a substantial violation of this chapter
from a designated enforcement officer, the Commission may order that the
affected site be restored to its previous condition if the Commission finds that
restoration is necessary to recover lost resources or to prevent further damage
to resources. The order shall specify the restoration necessary and establish a
reasonable time for its completion. The order shall be issued only after a
hearing with at least thirty days&#8217; notice to the affected person of the
hearing&#8217;s time, place and purpose and shall become effective immediately
upon issuance by the Commission. The Commission shall require any scientific
monitoring plan it believes is necessary to ensure the successful restoration of
subaqueous bottoms protected by this chapter and may require that a prepaid
contract acceptable to the Commission be in effect for the purpose of carrying
out the scientific monitoring plan. The Commission may also require a reasonable
bond or letter of credit in an amount and with surety and conditions
satisfactory to it securing to the Commonwealth compliance with the conditions
set forth in the restoration order. The appropriate court, upon petition by the
Commission, may enforce any such restoration order by injunction, mandamus, or
other appropriate remedy. Failure to complete the required restoration is a
violation of this chapter.

E. The duties of the Commissioner under this section may be delegated to his
respective designee; however, the designee shall not be a designated enforcement
officer.

HISTORY: 1992, c. 836.