                                 CODE OF VIRGINIA

FURTHER POWERS AND DUTIES OF THE STATE WATER CONTROL BOARD (§ 62.1-44.15:25)

In addition to other powers and duties conferred upon the Board by this chapter,
it shall permit, regulate, and control soil erosion and stormwater runoff in the
Commonwealth and may otherwise act to protect the quality and quantity of state
waters from the potential harm of unmanaged stormwater and soil erosion. It
shall be the duty of the Board and it shall have the authority to:

1. Issue special orders pursuant to subdivision (8a) or (8b) of &#xA7;
62.1-44.15 to any owner subject to requirements under this article, except that
for any land-disturbing activity that disturbs an area measuring not less than
10,000 square feet but less than one acre in an area of a locality that is not
designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay
Preservation Act (&#xA7; 62.1-44.15:67 et seq.) and that is not part of a larger
common plan of development or sale that disturbs one acre or more of land, such
special orders may include civil penalties of up to $5,000 per violation, not to
exceed $50,000 per order. Such civil penalties shall be paid into the state
treasury and deposited by the State Treasurer into the Stormwater Local
Assistance Fund established pursuant to &#xA7; 62.1-44.15:29.1.
			The provisions of this section notwithstanding, the Board may proceed
directly under &#xA7; 62.1-44.15:48 or Article 5 (&#xA7; 62.1-44.20 et seq.) for
any past violation or violations of any provision of this article or any
regulation duly adopted hereunder.

2. With the consent of any owner subject to requirements under this article, the
Board may provide, in an order issued by the Board pursuant to subdivision (8d)
of &#xA7; 62.1-44.15 against such owner, for the payment of civil charges for
violations in specific sums. Such sums shall not exceed the limit specified in
subdivision A 1 or B 1, as applicable, of &#xA7; 62.1-44.15:48. Such civil
charges shall be collected in lieu of any appropriate civil penalty that could
be imposed pursuant to &#xA7; 62.1-44.15:48 and shall not be subject to the
provisions of &#xA7; 2.2-514. Such civil charges shall be paid into the state
treasury and deposited by the State Treasurer into the Stormwater Local
Assistance Fund established pursuant to &#xA7; 62.1-44.15:29.1.

HISTORY: 2004, c. 372§ 10.1-603.2;; 2006, c. 171; 2012, cc. 785, 819; 2013, cc.
756, 793; 2016, cc. 68, 758.