Carroll County, VA
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Carroll County 2-11-2008; amended in its entirety 12-12-2016. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 95.
Flood hazard reduction — See Ch. 126.
Subdivision of land — See Ch. 216.
Water — See Ch. 235.

§ 120-1 Title; purpose; statutory authority.

A. 
This chapter shall be known as the "Erosion and Sediment Control Ordinance of Carroll County."
B. 
The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of the County of Carroll and the Town of Hillsville by establishing requirements for the control of soil erosion, sediment deposition and nonagricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced.
C. 
This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1, Article 2.4 (§ 62.1-44.15:51 et seq.), known as the "Virginia Erosion and Sediment Control Law."

§ 120-2 Definitions.

As used in this chapter, unless the context requires a different meaning, the following terms shall have the meanings indicated:
AGREEMENT IN LIEU OF A PLAN
A contract between the plan-approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the Erosion and Sediment Control Administrator of Carroll County in lieu of an erosion and sediment control plan.
APPLICANT
Any person submitting an erosion and .sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence.
BOARD
The Virginia State Water Control Board.
CERTIFIED INSPECTOR
An employee or agent of a program authority who:
A. 
Holds a certificate of competence from the Board in the area of project inspection; or
B. 
Is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment.
CERTIFIED PLAN REVIEWER
An employee or agent of a program authority who:
A. 
Holds a certificate of competence from the Board in the area of plan review;
B. 
Is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment; or
C. 
Is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, Code of Virginia, or a professional soil scientist as defined in § 54.1-2200, Code of Virginia.
CERTIFIED PROGRAM ADMINISTRATOR
An employee or agent of a program authority who:
A. 
Holds a certificate of competence from the Board in the area of program administration; or
B. 
Is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment.
CLEARING
Any activity which removes the vegetative ground cover, including, but not limited to, root mat removal or topsoil removal.
COUNTY
The County of Carroll.
DEPARTMENT
The Department of Environmental Quality.
DEVELOPMENT
A tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units.
DIRECTOR
The Director of the Department of Environmental Quality.
DISTRICT or SOIL AND WATER CONSERVATION DISTRICT
Refers to the New River Soil and Water Conservation District.
EROSION AND SEDIMENT CONTROL PLAN or PLAN
A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory, and management information with needed interpretations and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions and all information deemed necessary by the plan-approving authority to assure that the entire unit or units of land will be so treated to achieve the conservation objectives.
EROSION IMPACT AREA
An area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes (or to shorelines where the erosion results from wave action or other coastal processes).
EXCAVATING
Any digging, scooping or other methods of removing earth materials.
FILLING
Any depositing or stockpiling of earth materials.
GRADING
Any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions.
LAND-DISTURBING ACTIVITY
Any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the term shall not include:
A. 
Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work;
B. 
Individual service connections;
C. 
Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street or sidewalk, provided the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard-surfaced;
D. 
Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system;
E. 
Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1, Code of Virginia, including permitted exploration or drilling for oil and gas, including the well site, roads, feeder lines, and off-site disposal areas;
F. 
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations, including engineering operations and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6, Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops, unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.), Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163, Code of Virginia;
G. 
Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of a railroad company;
H. 
Disturbed land areas of less than 10,000 square feet in size;
I. 
Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles;
J. 
Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this chapter;
K. 
Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority.
LAND-DISTURBING PERMIT
A permit issued by Carroll County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any purpose set forth herein.
LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL PROGRAM
An outline of the various methods employed by Carroll County to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement, and evaluation.
NATURAL CHANNEL DESIGN CONCEPTS
The utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.
OWNER
The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.
PEAK FLOW RATE
The maximum instantaneous flow from a given storm condition at a particular location.
PERMITTEE
The person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed.
PERSON
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body, or any other legal entity.
PLAN-APPROVING AUTHORITY
The Carroll County Erosion and Sediment Control Program Administrator, responsible for determining the adequacy of a conservation plan submitted for land-disturbing activities on a unit or units of lands and for approving plans.
PROGRAM AUTHORITY
The County of Carroll which has adopted a soil erosion and sediment control program that has been approved by the Board.
RESPONSIBLE LAND DISTURBER
An individual holding a certificate issued by the Department, or deemed to hold such certificate in accordance with Code of Virginia, § 62.1-44.15:53, who is responsible for carrying out the land-disturbing activity in accordance with the approved plan or agreement in lieu of a plan. The responsible land disturber may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The responsible land disturber must be designated on the plan or permit as a prerequisite to engaging in land disturbance.
RUNOFF VOLUME
The volume of water that runs off the land development project from a prescribed storm event.
SINGLE-FAMILY RESIDENCE
A noncommercial dwelling that is occupied exclusively by one family.
STATE PERMIT
An approval to conduct a land-disturbing activity issued by the Board.
STATE WATERS
All waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction.
TRANSPORTING
Any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs.
WATER QUALITY VOLUME
The volume equal to the first 1/2 inch of runoff multiplied by the impervious surface of the land development project.

§ 120-3 Local program.

A. 
Pursuant to § 62.1-44.15:54, Code of Virginia, the County of Carroll hereby establishes a Local Erosion and Sediment Control Program and adopts the regulations, references, guidelines, standards and specifications promulgated by the Board (and any local handbook or publication) for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in but not limited to the Virginia Erosion and Sediment Control Regulations and the Virginia Erosion and Sediment Control Handbook, as amended. Regulations, standards and specifications specifically related to stormwater management include but are not limited to the Virginia Stormwater Management Program (VSMP) permit regulations.
B. 
Before adopting or revising regulations, the County of Carroll shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the County of Carroll is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the County of Carroll proposes or revises regulations that are more stringent than the state program.
(1) 
In addition, in accordance with § 62.1-44.15:52, Code of Virginia, stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels.
(2) 
In accordance with § 62.1-44.15:52, Code of Virginia, any plan approved prior to July, 2014, that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to:
(a) 
Detain the water quality volume and to release it over 48 hours;
(b) 
Detain and release over a twenty-four-hour period the expected rainfall resulting from the one year, twenty-four-hour storm; and
(c) 
Reduce the allowable peak flow rate resulting from the one-and-one-half-, two-, and ten-year, twenty-four-hour storms to a level that is less than or equal to the peak flow rate from the site, assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels.
(3) 
For plans approved on and after July 1, 2014, flow rate capacity and velocity requirements shall be satisfied by compliance with water quantity requirements in the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and attendant regulations, unless such land-disturbing activities are in accordance with the grandfathering provisions of the Virginia Stormwater Management Program (VSMP) permit regulations.
C. 
Pursuant to § 62.1-44.15:53, Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The Local Control Program of Carroll County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person.
D. 
The County of Carroll hereby designates the Carroll County Erosion and Sediment Control Program Administrator as the plan-approving authority except for single-family residences entering into an agreement in lieu of a plan. The Erosion and Sediment Control Administrator of Carroll County will be the review and approval authority for single-family residences entering into an agreement in lieu of a plan.
E. 
The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Erosion and Sediment Control Program Administrator.

§ 120-4 Plan requirements.

A. 
Except as provided herein, no person may engage in any land-disturbing activity until he or she has submitted to the Erosion and Sediment Control Inspector for Carroll County an erosion and sediment control plan for the land-disturbing activity and such plan has been approved by the plan-approving authority. No approval to begin a land-disturbing activity will be issued unless evidence is provided, when required, that state permit coverage has been obtained. Where land-disturbing activities lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Department for review and approval rather than to each jurisdiction concerned. Where the land-disturbing activity results from the construction of a single-family residence, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan, if the agreement in lieu of a plan is reviewed and approved by the Erosion and Sediment Control Administrator of Carroll County. Such agreement shall set forth conservation measures to be carried out and maintained, shall grant the right of entry and shall be subject to inspections and enforcement provisions of this chapter.
B. 
The standards contained within the Virginia Erosion and Sediment Control Regulations, the Virginia Erosion and Sediment Control Handbook, as amended, the Virginia Stormwater Management Program (VSMP) permit regulations, where applicable, and any local handbook or publication are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the state regulations shall take precedence.
C. 
The plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of the Board's regulations and if the person responsible for carrying out the plan certifies that he will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of the responsible land disturber holding the necessary certifications provided for in § 62.1-44.15:52 of the Virginia Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of the responsible land disturber prior to engaging in land-disturbing activities may result in revocation of the approval of the plan, and the person responsible for carrying out the plan shall be subject to the penalties provided in this chapter. However, the Erosion and Sediment Control Inspector may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single-family residence.
D. 
The plan shall be acted upon within 45 days from receipt thereof by either approving said plan, in writing, or by disapproving said plan, in writing, and giving specific reasons for its disapproval. When the plan is determined to be inadequate, the plan-approving authority shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity.
E. 
The Program Authority shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate.
F. 
An approved plan may be changed by the plan-approving authority when:
(1) 
The inspection reveals that the plan is inadequate to satisfy applicable regulations; or
(2) 
The person responsible for carrying out the plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan-approving authority and the person responsible for carrying out the plans.
G. 
Variances. The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions by granting a variance. A variance may be granted under these conditions:
(1) 
At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan.
(2) 
During construction, the person responsible for implementing the approved plan may request a variance, in writing, from the plan-approving authority. The plan-approving authority shall respond, in writing, either approving or disapproving such a request. If the plan-approving authority does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation.
(3) 
The County shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage.
H. 
In order to prevent further erosion, the County of Carroll may require approval of a plan for any land identified in the local program as an erosion impact area.
I. 
When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner.
J. 
In accordance with the procedure set forth by § 62.1-44.15:55E, Code of Virginia, any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the United States Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banks annually with the Board for review and approval consistent with guidelines established by the Board. Approval of general erosion and sediment control specifications does not relieve the owner or operator from compliance with any other local ordinances and regulations, including requirements to submit plans and obtain permits as may be required by such ordinances and regulations.
K. 
State agency projects are exempt from the provisions of this chapter, except as provided for in the Code of Virginia, § 62.1-44.15:56.
L. 
Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall file general erosion and sediment control specifications annually with the Board for review and written comments as set forth in the Code of Virginia, § 62.1-44.15:55D.

§ 120-5 Permits; fees; bond requirements.

A. 
Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.
B. 
No person may engage in any land-disturbing activity until he has acquired a land-disturbing permit, unless the proposed land-disturbing activity is specifically exempt from the provisions of this chapter, and has paid the fees and posted the required bond.
C. 
An administrative fee of $100, plus $25 per acre over one acre, shall be paid to Carroll County at the time of issuance of a land-disturbing permit.
D. 
No land-disturbing permit shall be issued until the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed.
E. 
All applicants for permits shall provide to the County of Carroll a performance bond, cash escrow, or an irrevocable letter of credit acceptable to the Erosion and Sediment Control Inspector, to ensure that measures could be taken by the County of Carroll at the applicant's expense should the applicant fail, after proper notice, within the time specified, to initiate or maintain appropriate conservation measures required of him by the approved plan as a result of his land-disturbing activity.
(1) 
The amount of the bond or other security for performance shall be $2,500 per acre of land disturbance as identified in the approved erosion and sediment control plan. The minimum surety required shall be $2,500. Should it be necessary for the County of Carroll to take such conservation action, the County of Carroll may collect from the applicant any costs in excess of the amount of surety held.
(2) 
Within 60 days of adequate stabilization, as determined by Erosion and Sediment Control Inspector in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits.
F. 
No person may engage in any land-disturbing activity until a responsible land disturber has been designated.

§ 120-6 Monitoring; reports; inspections.

A. 
The responsible land disturber, as provided by § 62.1-44.15:52, Code of Virginia, shall be in charge of an d responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The County of Carroll may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation
B. 
The Erosion and Sediment Control Inspector shall periodically inspect the land-disturbing activity in accordance with Section 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The Erosion and Sediment Control Inspector or his designee shall be granted right of entry onto properties to inspect and determine compliance with this chapter. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection. Inspections shall be performed during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff-producing storm event, and at the completion of the project prior to the release of any surety. The Carroll County Board of Supervisors may establish an alternative inspection program which ensures compliance with the approved erosion and sediment control plan, provided such program has been approved by the State Water Control Board. If the Erosion and Sediment Control Inspector determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked, and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and shall be subject to the penalties provided by this chapter.
C. 
Upon determination of a violation of this chapter, the Erosion and Sediment Control Program Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken.
(1) 
If land-disturbing activities have commenced without an approved plan, the Erosion and Sediment Control Program Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.
(2) 
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 plan or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply.
(3) 
The order shall be served in the same manner as a notice to comply and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of Carroll County.
(4) 
If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the Erosion and Sediment Control Program Administrator may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of Carroll County.
(5) 
The owner may appeal the issuance of an order to the Circuit Court of Carroll County.
(6) 
Any person violating or failing, neglecting or refusing to obey an order issued by the Erosion and Sediment Control Program Administrator may be compelled in a proceeding instituted in the Circuit Court of Carroll County 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 or any required permits, the order shall immediately be lifted.
(7) 
Nothing in this section shall prevent the Erosion and Sediment Control Program Administrator from taking any other action authorized by this chapter.

§ 120-7 Violations and penalties; additional remedies.

A. 
Violators of this chapter shall be guilty of a Class 1 misdemeanor.
B. 
Any person who violates any provision of this chapter shall, upon a finding of the District Court of Carroll County, be assessed a civil penalty. The civil penalty for any one violation shall be $100, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. ACH 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 which 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 which exceed a total of $10,000. (Note: The adoption of civil penalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of this section. Refer to Code of Virginia, § 62.1-44.15:54).
C. 
The Erosion and Sediment Control Inspector, or the owner or property which has sustained damage or which is in imminent danger of being damaged, may apply to the Circuit Court of Carroll County to enjoin a violation of a threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless:
(1) 
He has notified, in writing, the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property; and
(2) 
Neither the person who has violated the local program nor the program authority has taken corrective action within 15 days to eliminate the conditions which have caused, or create the probability of causing, damage to his property.
D. 
In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to Carroll County in a civil action for damages.
E. 
Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the County of Carroll. Any civil penalties assessed by a court shall be paid into the treasury of Carroll County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury.
F. 
With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this chapter, the County of Carroll may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection E of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection E.
G. 
The Commonwealth's Attorney shall, upon request of the County of Carroll or the plan-approving authority, take legal action to enforce the provisions of this chapter.
H. 
Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must show negligence in order to recover any damages.

§ 120-8 Appeals.

Any applicant under the provision of this chapter who is aggrieved by any final decision of the Carroll County Erosion and Sediment Control Program Administrator may seek review by the Carroll County Circuit Court, in accordance with Code of Virginia, § 62.1-44.15:62(A), provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities.