                                 CODE OF VIRGINIA

MONITORING, REPORTS, AND INSPECTIONS (§ 62.1-44.15:58)

A. The VESCP authority (i) shall provide for periodic inspections of the
land-disturbing activity and require that an individual holding a certificate,
as provided by &#xA7; 62.1-44.15:52, will be in charge of and responsible for
carrying out the land-disturbing activity and (ii) may require monitoring and
reports from the person responsible for carrying out the erosion and sediment
control plan, to ensure compliance with the approved plan and to determine
whether the measures required in the plan are effective in controlling erosion
and sediment. However, any VESCP authority may waive the certificate requirement
for an agreement in lieu of a plan. The owner shall be given notice of the
inspection. When the VESCP authority or the Board determines that there is a
failure to comply with the conditions of land-disturbance approval or to obtain
an approved plan or a land-disturbance approval prior to commencing
land-disturbing activity, the VESCP authority or the Board may serve a notice to
comply upon the owner or person responsible for carrying out the land-disturbing
activity. Such notice to comply shall be served by delivery by facsimile,
e-mail, or other technology; by mailing with confirmation of delivery to the
address specified in the plan or land-disturbance application, if available, or
in the land records of the locality; or by delivery at the site to a person
previously identified to the VESCP authority by the owner. The notice to comply
shall specify the measures needed to comply with the land-disturbance approval
conditions or shall identify the plan approval or land-disturbance approval
needed to comply with this article and shall specify a reasonable time within
which such measures shall be completed. In any instance in which a required
land-disturbance approval has not been obtained, the VESCP authority or the
Board may require immediate compliance. In any other case, the VESCP authority
or the Board may establish the time for compliance by taking into account the
risk of damage to natural resources and other relevant factors. Notwithstanding
any other provision in this subsection, a VESCP authority or the Board may count
any days of noncompliance as days of violation should the VESCP authority or the
Board take an enforcement action. The issuance of a notice to comply by the
Board shall not be considered a case decision as defined in &#xA7; 2.2-4001.
Upon failure to comply within the time specified, any plan approval or
land-disturbance approval may be revoked and the VESCP authority or the Board
may pursue enforcement as provided by &#xA7; 62.1-44.15:63.

B. Notwithstanding the provisions of subsection A, a VESCP authority is
authorized to enter into agreements or contracts with districts, adjacent
localities, or other public or private entities to assist with the
responsibilities of this article, including but not limited to the review and
determination of adequacy of erosion and sediment control plans submitted for
land-disturbing activities as well as monitoring, reports, inspections, and
enforcement.

C. Upon issuance of an inspection report denoting a violation of this section or
&#xA7; 62.1-44.15:55, in conjunction with or subsequent to a notice to comply as
specified in subsection A, a VESCP authority or the Board may issue a stop work
order requiring that all or part of the land-disturbing activities on the site
be stopped until the specified corrective measures have been taken or, if
land-disturbing activities have commenced without an approved plan as provided
in &#xA7; 62.1-44.15:55, requiring that all of the land-disturbing activities be
stopped until an approved plan is obtained. When such an order is issued by the
Board, it shall be issued in accordance with the procedures of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.). Where the alleged
noncompliance is causing or is in imminent danger of causing harmful erosion of
lands or sediment deposition in waters within the watersheds of the
Commonwealth, or where the land-disturbing activities have commenced without an
approved erosion and sediment control plan, such a stop work order may be issued
whether or not the alleged violator has been issued a notice to comply as
specified in subsection A. Otherwise, such an order may be issued only after the
alleged violator has failed to comply with a notice to comply. The order for
noncompliance with a plan shall be served in the same manner as a notice to
comply, and shall remain in effect for seven days from the date of service
pending application by the VESCP authority, the Board, or alleged violator for
appropriate relief to the circuit court of the jurisdiction wherein the
violation was alleged to have occurred or other appropriate court. The stop work
order for disturbance without an approved plan shall be served upon the owner by
mailing with confirmation of delivery to the address specified in the land
records of the locality, shall be posted on the site where the disturbance is
occurring, and shall remain in effect until such time as plan approvals are
secured, except in such situations where an agricultural exemption applies. If
the alleged violator has not obtained an approved erosion and sediment control
plan within seven days from the date of service of the stop work order, the
Board or the chief administrative officer or his designee on behalf of the VESCP
authority may issue a subsequent order to the owner requiring that all
construction and other work on the site, other than corrective measures, be
stopped until an approved erosion and sediment control plan has been obtained.
The subsequent order shall be served upon the owner by mailing with confirmation
of delivery to the address specified in the plan or the land records of the
locality in which the site is located. The owner may appeal the issuance of any
order to the circuit court of the jurisdiction wherein the violation was alleged
to have occurred or other appropriate court. Any person violating or failing,
neglecting, or refusing to obey an order issued by the Board or the chief
administrative officer or his designee on behalf of the VESCP authority may be
compelled in a proceeding instituted in the circuit court of the jurisdiction
wherein the violation was alleged to have occurred or other appropriate court to
obey same and to comply therewith by injunction, mandamus, or other appropriate
remedy. Upon completion and approval of corrective action or obtaining an
approved plan, the order shall immediately be lifted. Nothing in this section
shall prevent the Board or the chief administrative officer or his designee on
behalf of the VESCP authority from taking any other action specified in &#xA7;
62.1-44.15:63.

HISTORY: 1973, c. 486, § 21-89.8; 1986, c. 328; 1988, cc. 694, 891, §
10.1-566; 1992, c. 298; 1993, c. 925; 2001, c. 490; 2003, c. 827; 2012, cc. 249,
785, 819; 2013, cc. 756, 793; 2016, cc. 68, 758; 2023, cc. 48, 49.