                                 CODE OF VIRGINIA

VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM (§ 62.1-44.15:54)

A. Any locality that has chosen not to establish a Virginia Erosion and
Stormwater Management Program (VESMP) pursuant to subdivision B 3 of &#xA7;
62.1-44.15:27 shall administer a VESCP in accordance with this article; however,
a town may enter into an agreement with a county to administer the town&#8217;s
VESCP pursuant to subsection C of &#xA7; 62.1-44.15:27.

B. A VESCP authority may enter into agreements or contracts with soil and water
conservation districts, adjacent localities, or other public or private entities
to assist with carrying out the provisions of this article, including the review
and determination of adequacy of erosion and sediment control plans submitted
for land-disturbing activities on a unit or units of land as well as for
monitoring, reports, inspections, and enforcement of such land-disturbing
activities.

C. Any VESCP adopted by a county, city, or town shall be approved by the Board
if it establishes by ordinance requirements that are consistent with this
article and associated regulations.

D. Each approved VESCP operated by a county, city, or town shall include
provisions for the coordination of the VESCP with flood insurance, flood plain
management, and other programs requiring compliance prior to authorizing a
land-disturbing activity in order to make the submission and approval of plans,
payment of fees, and coordination of inspection and enforcement activities more
convenient and efficient both for the local governments and those responsible
for compliance with the programs.

E. The Board shall conduct compliance reviews of VESCPs in accordance with
subdivision (19) of &#xA7; 62.1-44.15. The Board or Department also may require
any locality that is a VESCP authority to furnish when requested any information
as may be required to accomplish the purposes of this article.

F. Any VESCP authority that administers an erosion and sediment control program
may charge applicants a reasonable fee to defray the cost of program
administration. A VESCP authority shall hold a public hearing prior to
establishing a schedule of fees. The fee shall not exceed an amount commensurate
with the services rendered, taking into consideration the time, skill, and the
VESCP authority&#8217;s expense involved.

G. Any locality that is authorized to administer a VESCP may adopt an ordinance
or regulation where applicable providing that violations of any regulation or
order of the Board, any provision of its program, any condition of a
land-disturbance approval, or any provision of this article shall be subject to
a civil penalty. The civil penalty for any one violation shall be not less than
$100 nor more than $1,000. Each day during which the violation is found to have
existed shall constitute a separate offense. In no event shall a series of
specified violations arising from the same operative set of facts result in
civil penalties that exceed a total of $10,000, except that a series of
violations arising from the commencement of land-disturbing activities without
an approved plan for any site shall not result in civil penalties that exceed a
total of $10,000. The penalties set out in this subsection are also available to
the Board in its enforcement actions.

HISTORY: 1973, c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35;
1983, c. 189; 1988, cc. 732, 891, § 10.1-562; 1992, c. 298; 1993, c. 925; 2005,
c. 129; 2007, cc. 51, 204; 2010, c. 275; 2012, cc. 785, 819; 2013, cc. 756, 793;
2016, cc. 68, 758.