                                 CODE OF VIRGINIA

ADDITIONAL LOCAL AUTHORITY (§ 62.1-44.15:25.1)

Any locality serving as a VESMP authority shall have the authority to:

1. Issue orders in accordance with the procedures of subdivision 10 a of &#xA7;
15.2-2122 to any owner subject to the requirements of this article. Such orders
may include civil penalties in specific sums not to exceed the limit specified
in subdivision A 2 or B 2, as applicable, of &#xA7; 62.1-44.15:48, and such
civil penalties shall be paid into the treasury of the locality in accordance
with subdivision A 2 of &#xA7; 62.1-44.15:48. The provisions of this section
notwithstanding, the locality may proceed directly under &#xA7; 62.1-44.15:48
for any past violation or violations of any provision of this article or any
ordinance duly adopted hereunder.

2. Issue consent orders with the consent of any person who has violated or
failed, neglected, or refused to obey any ordinance adopted pursuant to the
provisions of this article, any condition of a locality&#8217;s land-disturbance
approval, or any order of a locality serving as a VESMP authority. Such consent
order may provide for the payment of civil charges not to exceed the limits
specified in subdivision A 2 or B 2, as applicable, of &#xA7; 62.1-44.15:48.
Such civil charges shall be in lieu of any appropriate civil penalty that could
be imposed under this article. Any civil charges collected shall be paid to the
treasury of the locality in accordance with subdivision A 2 of &#xA7;
62.1-44.15:48.

HISTORY: 2016, cc. 68, 758.