                                 CODE OF VIRGINIA

MONITORING, INSPECTIONS, COMPLIANCE, AND RESTORATION (§ 28.2-1317)

A. The Commissioner or board chairman may require a permittee to implement
monitoring and reporting procedures they believe are reasonably necessary to
ensure compliance with the provisions of the permit and this chapter.

B. The Commissioner or board chairman 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 any inspection, the Commissioner
or board chairman 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 or board chairman 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 or board chairman 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 wetlands protected by this chapter, the order
may be issued without regard to whether the person has been issued a notice to
comply pursuant to 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 enforcing authority, 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. Nothing in this section shall
prevent the Commissioner or board chairman from taking any other action
specified in &#xA7; 28.2-1316.

D. Upon receipt of a sworn complaint of a substantial violation of this chapter
from a designated enforcement officer, the Commission or a wetlands board may
order that the affected site be restored to predevelopment conditions if the
Commission or board 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 or board.
The Commission or board shall require any scientific monitoring plan they
believe necessary to ensure the successful reestablishment of wetlands protected
by this chapter and may require that a prepaid contract acceptable to the
Commission or board be in effect for the purpose of carrying out the scientific
monitoring plan. The Commission or board 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 or
board, 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 or the board chairman under this section may
be delegated to their respective designees; however, these designees shall not
be designated enforcement officers.

HISTORY: 1987, c. 436, § 62.1-13.16:1; 1990, c. 811; 1992, c. 836.