                                 CODE OF VIRGINIA

COMPLAINT; INVESTIGATION; AGRICULTURAL STEWARDSHIP PLAN (§ 3.2-402)

A. After April 1, 1997, upon receiving a complaint, unless the complaint was
made anonymously, the Commissioner shall request that the directors of the
district where the land lies determine the validity of the information within 21
days. The Commissioner may investigate or ask the directors of the district to
investigate an anonymous complaint.

B. The district chairman may, on behalf of the district, act upon or reject the
Commissioner&#8217;s request. If the district declines to act, it shall within
five days so advise the Commissioner, who shall determine the validity of the
complaint.

C. If, after investigating a complaint, the Commissioner determines that
substantial evidence exists to prove that an agricultural activity is creating
or will create pollution, the Commissioner shall notify the owner or operator by
registered mail, return receipt requested. If, after investigation, the
Commissioner determines that the pollution is a direct result of unusual weather
events or other exceptional circumstances that could not have been reasonably
anticipated, or determines that the pollution is not a threat to human health,
animal health, or aquatic life, water quality or recreational or other
beneficial uses, the Commissioner may forego any additional action. Copies of
the notice shall be sent to the district where the agricultural activity is
located. The notice shall state that, within 60 days of the receipt of the
notice, the owner or operator shall submit to the Commissioner and district an
agricultural stewardship plan that includes stewardship measures needed to
prevent or cease the pollution. The district shall review the plan and, if the
plan includes such measures, the Commissioner shall approve the plan within 30
days after he receives it. Upon approving the owner&#8217;s or operator&#8217;s
plan, the Commissioner shall inform the owner or operator and the complainant
that a plan has been approved. The owner or operator shall begin implementing
the approved agricultural stewardship plan within six months of the date that
the owner or operator received the notice that the agricultural activity is
creating or will create pollution.

D. The plan shall include an implementation schedule, and implementation of the
plan shall be completed within a period specified by the Commissioner, based
upon the seasons and other temporal considerations so that the period is that
during which the possibility of success in establishment or construction of the
measures required in the plan is the greatest, which shall not exceed 18 months
from receipt of notice. The Commissioner may grant an extension of up to 180
days if: (i) a hardship exists; and (ii) the request for an extension was made
not later than 60 days before the scheduled completion date. The Commissioner
shall, within 30 days of receiving the request, inform the owner or operator
whether or not an extension has been granted.

E. After implementing the approved plan according to the provisions of this
chapter, the owner or operator shall maintain the stewardship measures
established pursuant to the plan. The owner or operator may change the
agricultural activity so long as the Commissioner is notified.

F. If the Commissioner determines that substantial evidence does not exist to
prove that an agricultural activity is creating or will create pollution or that
any pollution was caused by unusual weather events or other exceptional
circumstances or that the pollution is not a threat to human health, animal
health, or aquatic life or recreational or other beneficial uses, he shall
inform the complainant and the owner or operator of his determination. Upon
approving the owner&#8217;s or operator&#8217;s agricultural stewardship plan,
the Commissioner shall inform the owner or operator and the complainant that a
plan has been approved.

HISTORY: 1996, c. 773, § 10.1-559.3; 2000, c. 973; 2008, c. 860.