                                 CODE OF VIRGINIA

STOP WORK ORDERS BY BOARD; CIVIL PENALTIES (§ 62.1-44.15:64)

A. An aggrieved owner of property sustaining pecuniary damage resulting from a
violation of an approved erosion and sediment control plan or required
land-disturbance approval, or from the conduct of land-disturbing activities
commenced without an approved plan or required land-disturbance approval, may
give written notice of the alleged violation to the VESCP authority and to the
Board.

B. If the VESCP authority has not responded to the alleged violation in a manner
that causes the violation to cease and abates the damage to the aggrieved
owner&#8217;s property within 30 days following receipt of the notice from the
aggrieved owner, the aggrieved owner may request that the Board conduct an
investigation and, if necessary, require the violator to stop the alleged
violation and abate the damage to his property.

C. If the Board&#8217;s investigation of the complaint indicates that (i) the
VESCP authority has not responded to the alleged violation as required by the
VESCP, (ii) the VESCP authority has not responded to the alleged violation
within 30 days from the date of the notice given pursuant to subsection A, and
(iii) there is a violation and it is necessary to require the violator to cease
the violation as requested by the aggrieved owner, then the Board shall give
written notice to the VESCP authority that the Board intends to issue an order
pursuant to subsection D.

D. If the VESCP authority has not instituted action to stop the violation and
abate the damage to the aggrieved owner&#8217;s property within 10 days
following receipt of the notice from the Board, the Board is authorized to issue
an order requiring the owner, person responsible for carrying out an approved
erosion and sediment control plan, or person conducting the land-disturbing
activities without an approved plan or required land-disturbance approval to
cease all land-disturbing activities until the violation of the plan has ceased
or an approved plan and required land-disturbance approval are obtained, as
appropriate, and specified corrective measures have been completed. The Board
also may immediately initiate a program review of the VESCP.

E. Such orders are to be issued in accordance with the procedures of the
Administrative Process Act (&#xA7; 2.2-4000 et seq.), and they shall become
effective upon service on the person by mailing with confirmation of delivery,
sent to his address specified in the land records of the locality, or by
personal delivery by an agent of the Board. Any subsequent identical mail or
notice that is sent by the Board may be sent by regular mail. However, if the
Board finds that any such violation is grossly affecting or presents an imminent
and substantial danger of causing harmful erosion of lands or sediment
deposition in waters within the watersheds of the Commonwealth, it may issue,
without advance notice or hearing, an emergency order directing such person to
cease all land-disturbing activities on the site immediately and shall provide
an opportunity for a hearing, after reasonable notice as to the time and place
thereof, to such person, to affirm, modify, amend, or cancel such emergency
order.

F. If a person who has been issued an order or emergency order is not complying
with the terms thereof, the Board may institute a proceeding in the appropriate
circuit court for an injunction, mandamus, or other appropriate remedy
compelling the person to comply with such order.

G. Any person violating or failing, neglecting, or refusing to obey any
injunction, mandamus, or other remedy obtained pursuant to subsection G shall be
subject, in the discretion of the court, to a civil penalty not to exceed $2,000
for each violation. Any civil penalties assessed by a court shall be paid into
the state treasury and deposited by the State Treasurer into the Stormwater
Local Assistance Fund (&#xA7; 62.1-44.15:29.1).

HISTORY: 1993, c. 925, § 10.1-569.1; 2012, cc. 785, 819; 2013, cc. 756, 793;
2016, cc. 68, 758.