                                 CODE OF VIRGINIA

MONITORING, INSPECTIONS, COMPLIANCE, AND RESTORATION (§ 28.2-1417)

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 such inspections, 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 the 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 coastal primary sand dunes 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 wherein 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; 28.2-1416.

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 is necessary to ensure the successful reestablishment of coastal primary
sand dunes 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: 1992, c. 836.