                                 CODE OF VIRGINIA

ISSUANCE OF CORRECTIVE ORDERS (§ 3.2-403)

A. If any owner or operator who has been issued a notice under &#xA7; 3.2-402
fails to submit an agricultural stewardship plan, begin actively implementing
the plan, complete implementation of the plan, or maintain the stewardship
measures as provided in &#xA7; 3.2-402, the Commissioner shall issue a
corrective order to such owner or operator. The order shall require that such
activity be accomplished within a stated period of time.

B. A corrective order issued pursuant to subsection A shall be issued only after
an informal fact-finding conference, with reasonable notice being given to the
owner or operator, or both, of the time, place, and purpose thereof, and shall
become effective not less than five days after date of delivery to the last
known address as provided in subsection C. The corrective order shall be
suspended pending appeal by the recipient made within five days after delivery
of such order to the last known address of the owner or operator.

C. The Commissioner shall mail a copy of the corrective order 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 Commonwealth.

D. Notwithstanding other provisions of this chapter, if the Commissioner
determines that a recurring polluting condition that is the subject of an
approved plan is occurring or that an emergency condition exists due to runoff
from an agricultural activity that is causing or is likely to cause an imminent
or substantial danger to: (i) the public health, safety, or welfare or to the
health of animals, fish, or aquatic life; (ii) a public water supply; or (iii)
recreational, commercial, industrial, agricultural, or other beneficial uses,
the Commissioner may issue, without advance notice, informal fact-finding
conference, or hearing, an emergency corrective order. Such order may direct the
owner or operator of the agricultural activity, or both, to cease immediately
all or part of the agricultural activity and to implement specified stewardship
measures or any necessary emergency measures within a stated period of time.
Following the issuance of an emergency corrective order, the Commissioner shall
provide the opportunity for a hearing or an informal fact-finding conference,
after reasonable notice as to the time and place thereof, to the owner or
operator, for the purpose of affirming, modifying, amending, or canceling the
emergency corrective order.

E. The Commissioner shall not issue a corrective order to any land owner or
operator if the person is:

   1. Actively implementing the agricultural stewardship plan that has been
   reviewed by the district where the agricultural activity is located and
   approved by the Commissioner, or

   2. Actively implementing stewardship measures that have failed to prevent
   pollution, if 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.

HISTORY: 1996, c. 773, § 10.1-559.4; 2000, c. 973; 2008, c. 860.