[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.]
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."
As used in this chapter, unless the context requires a different
meaning, the following terms shall have the meanings indicated:
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.
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.
The Virginia State Water Control Board.
An employee or agent of a program authority who:
An employee or agent of a program authority who:
Holds a certificate of competence from the Board in the area
of plan review;
Is enrolled in the Board's training program for plan review
and successfully completes such program within one year after enrollment;
or
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.
An employee or agent of a program authority who:
Any activity which removes the vegetative ground cover, including,
but not limited to, root mat removal or topsoil removal.
The County of Carroll.
The Department of Environmental Quality.
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.
The Director of the Department of Environmental Quality.
Refers to the New River Soil and Water Conservation District.
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.
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).
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpiling of earth materials.
Any excavating or filling of earth material or any combination
thereof, including the land in its excavated or filled conditions.
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:
Minor land-disturbing activities such as home gardens and individual
home landscaping, repairs and maintenance work;
Individual service connections;
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;
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;
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;
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;
Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities and other related structures and facilities
of a railroad company;
Disturbed land areas of less than 10,000 square feet in size;
Installation of fence and sign posts or telephone and electric
poles and other kinds of posts or poles;
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;
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.
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.
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.
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.
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.
The maximum instantaneous flow from a given storm condition
at a particular location.
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.
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.
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.
The County of Carroll which has adopted a soil erosion and
sediment control program that has been approved by the Board.
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.
The volume of water that runs off the land development project
from a prescribed storm event.
A noncommercial dwelling that is occupied exclusively by
one family.
An approval to conduct a land-disturbing activity issued
by the Board.
All waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction.
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.
The volume equal to the first 1/2 inch of runoff multiplied
by the impervious surface of the land development project.
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.
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.
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. For agreements in lieu of a plan, for single-family residences
only, the charge shall be reduced to a flat fee of $50.
[Amended 6-10-2019]
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.
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.
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.
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.
