[HISTORY: Adopted by the Board of Supervisors of Buchanan
County 6-5-2023.[1] Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the County specifically
amends the statutory provisions to the contrary or repeals the statutory
provisions, future amendments to said statute shall take effect as
provided by law.]
Building construction — See Ch. 25.
Flood damage prevention — See Ch. 34.
[1]
Editor's Note: This ordinance also repealed former Ch. 31.1,
Erosion and Sediment Control, adopted 3-9-2015.
This chapter shall be known as the "Erosion and Sediment Control Ordinance of Buchanan County, Virginia." The purpose of this chapter is to prevent degradation of properties, stream channels, waters and other natural resources of Buchanan County, VA 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. Buchanan County and the Big Sandy Soil and Water Conservation District have entered into a Memorandum of Understanding by which the Big Sandy Soil and Water Conservation District will act as the agent of the County to implement the provisions of this chapter. The Erosion and Soil Control Ordinance provisions at Chapter 31.1, § 31-1, et. seq. are hereby repealed and replaced by this chapter, Chapter 31.1, § 31.1-1, et. seq.
This Chapter is authorized by the Code of Virginia, Title 62.1,
Chapter 3.1, Article 2.4, known as the Virginia Erosion and Sediment
Control Law.
As used in the ordinance, unless the context requires a different
meaning:
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 plan-approving authority in lieu of a formal site 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 VESCP authority who (i) holds a
certificate of competence from the Board in the area of project inspection
or (ii) is enrolled in the Board's training program for project
inspection and successfully completes such program within one year
after enrollment.
An employee or agent of a VESCP authority who (i) holds a
certificate of competence from the Board in the area of plan review,
(ii) is enrolled in the Board's training program for plan review
and successfully completes such program within one year after enrollment,
or (iii) 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 or a professional soil scientist
as defined in § 54.1-2200 of the Code of Virginia.
An employee or agent of a VESCP authority who (i) holds a
certificate of competence from the Board in the area of program administration
or (ii) is enrolled in the Board's training program for program
administration and successfully completes such program within one
year after enrollment.
Any activity which removes the vegetative ground cover including,
but not limited to, root mat removal or top soil removal.
The County of Buchanan.
The Department of Environmental Quality.
A tract or parcel 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 Big Sandy 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 VESCP 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 a 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.
Any digging, scooping or other methods of removing earth
materials.
Any depositing or stockpilling 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 that 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
of the Code of Virginia;
Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, 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 artifically or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163;
Repair or rebuilding of the tracks, rights-of-way, bridges,
communication facilities, and other related structures and facilities
of a railroad company;
Agricultural engineering operations, including but not limited
to the construction of terraces, terrace outlets, check dams, desilting
basins, dikes, ponds not required to comply with the provisions of
the Dam Safety Act (Va. Code § 10.1-604 et seq.), ditches,
strip cropping, lister furrowing, contour cultivating, contour furrowing,
land drainage, and land irrigation;
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; and
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 this chapter.
A permit or other form of approval issued by Buchanan County
or its agent for the clearing, filling, excavating, grading, transporting
of land or for any combination thereof or for any other land-disturbing
activity.
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, 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 land-disturbing approval 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, governmental body,
including a federal or state entity as applicable, any interstate
body, or any other legal entity.
An individual holding a certificate issued by the department
who is responsible for carrying out the land-disturbing activity in
accordance with the approved ESC plan. The RLD may be the owner, applicant,
permittee, designer, superintendent, project manager, contractor,
or any other project or development team member. The RLD must be designated
on the ESC plan or permit as a prerequisite for 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 in the form of a state stormwater individual permit or
coverage issued under a state general permit.
All waters on the surface and under the ground wholly or
partially within or bordering the Commonwealth or within its jurisdiction.
The Town of Grundy.
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.
Buchanan County which has adopted soil erosion and sediment
control program that has been approved by the Board.
The Buchanan County Administrator or its agent is responsible
for determining the adequacy of a plan submitted for land-disturbing
activities on a unit or units of lands and for approving plans.
A program approved by the Board that has been established
by a VESCP authority for the effective control of soil erosion, sediment
deposition, and non-agricultural runoff associated with a land-disturbing
activity to prevent the unreasonable degradation of properties, stream
channels, waters, and other natural resources and shall include such
items where applicable as local ordinances, rules, permit requirements,
annual standards and specifications, policies and guidelines, technical
materials, and requirements for plan review, inspection, enforcement
where authorized in this article, and evaluation consistent with the
requirements of this article and its associated regulations.
The volume equal to the first one-half inch of runoff multiplied
by the impervious surface of the land development project.
Pursuant to § 62.1-44.15:54 of the Code of Virginia,
Buchanan County hereby establishes a VESCP program and adopts the
regulations promulgated by the Board for the effective control of
soil erosion and sediment deposition to prevent the unreasonable degradation
of properties, stream channels, waters and other natural resources
and the Virginian Erosion & Sediment Control Handbook, third edition.
In accordance with § 62.1-44.15:52 of the Code of Virginia,
any plan approved prior to July 1, 2014, that provides for stormwater
management that addresses 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 (i) detain the water quality volume and
to release it over 48 hours; (ii) detain and release over a twenty-four-hour
period the expected rainfall resulting from the one year, twenty-four-hour
storm; and (iii) reduce the allowable peak flow rate resulting from
the 1.5, 2, 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.
A.Â
For plans approved on and after July 1, 2014, the flow rate capacity
and velocity requirements for natural and man-made channels shall
be satisfied by compliance with water quantity requirements specified
in § 62.1-44.15:28 of the Stormwater Management Act and
9VAC25-870-66 of the Virginia Stormwater Management Program (VSMP)
regulations, unless land-disturbing activities are in accordance with
the grandfathering provisions of the Virginia Stormwater Management
Program (VSMP) Regulations.
B.Â
Pursuant to § 62.1-44.15:53 of the 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 Erosion Control Program
of Buchanan County shall contain a certified program administrator,
a certified plan reviewer, and a certified inspector (who may be the
same person.)
C.Â
Buchanan County hereby designates County Administrator or its agent
as the plan-approving authority.
D.Â
The program and regulations provided for in this chapter shall be
made available for public inspection at the office of the County Administrator
and the Office of the Big Sandy Soil and Water Conservation District.
A.Â
Except as provided herein, no person may engage in any land-disturbing
activity until he or she has submitted to the Big Sandy Soil and Water
Conservation District Office as the agent of the Buchanan County Administrator
and Buchanan County an erosion and sediment control plan for the land-disturbing
activity and such plan has been approved by Buchanan County through
its agent the Big Sandy Soil and Water Conservation District. No approval
to begin a land-disturbing activity will be issued unless evidence
of state permit coverage is obtained where it is required. Where land-disturbing
activities involve lands under the jurisdiction of more than one VESCP,
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 executed by the plan-approving authority.
B.Â
The standards contained within the "Virginia Erosion and Sediment
Control Regulations" and the Virginia Erosion and Sediment Control
Handbook (as amended) and 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.Â
The VESCP 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 Erosion and Sediment Control Law and the Board's
regulations, and if the person responsible for carrying out the plan
certifies that he will properly perform the 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, to
the program authority, as provided by § 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 VESCP plan-approving authority may waive the certificate
of competence requirement for an agreement in lieu of a plan for construction
of a single-family residence. If a violation occurs during the land-disturbing
activity, then the person responsible for carrying out the agreement
in lieu of a plan shall correct the violation and provide the name
of the responsible land disturber, as provided by § 62.1-44.15:52
of the Virginia Erosion and Sediment Control Law. Failure to provide
the name of the responsible land disturber shall be a violation of
this chapter.
D.Â
When the plan is determined to be inadequate, written notice of disapproval
stating the specific reasons for disapproval shall be communicated
to the applicant within 45 days. The notice 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.Â
The VESCP 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.Â
The VESCP authority may require changes to an approved plan when:
(1)Â
The inspection reveals that the plan is inadequate to satisfy applicable
regulations; or
(2)Â
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.Â
Variances: The VESCP plan-approving authority may waive or modify
any of the standards that are deemed to be inappropriate or too restrictive
for site conditions, by granting a variance. A variance may be granted
under these conditions:
(1)Â
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)Â
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)Â
The VESCP authority 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.Â
In order to prevent further erosion, Buchanan County may require
approval of a plan for any land identified in the local program as
an erosion impact area.
I.Â
When a 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.Â
In accordance with the procedure set forth in § 62.1-44.15:55(E)
of the Code of Virginia, any person engaging, in more than one jurisdiction,
in the creation and operation of wetland mitigation or stream restoration
banks, 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 wetland mitigation or stream
restoration banks, pursuant to a mitigation banking instrument signed
by the Department of Environmental Quality, the Marine Resources Commission,
or the U.S. Army Corps of Engineers, may, at the option of that person,
file general erosion and sediment control specifications for wetland
mitigation or stream restoration 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.Â
State agency projects are exempt from the provisions of this chapters
except as provided for in the Code of Virginia, § 62.1-44.15:56.
A.Â
Agencies authorized under any other law to issue grading, building,
or other permits for activities involving land-disturbing activities
shall not issue any such permit unless the applicant submits with
his application an approved erosion and sediment control plan, certification
that the plan will be followed and evidence of state permit coverage
where it is required.
B.Â
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. The requirement
of the payment of fees and posting security of any nature is waived
in regard to projects in which Buchanan County, its agencies and departments
or the Buchanan County Industrial Authority are the owner of the property
and/or permittee in question. An administrative fee shall be paid
to Buchanan County at the time of submission of the erosion and sediment
control plan as per the attached Application and Fee Schedule which
is attached and incorporated by reference into to this chapter as
Exhibit "A."[1] The land-disturbing permit shall not be issued until the
applicant submits with his application approved erosion and sediment
control plan or agreement in lieu of an approved erosion and sediment
control plan and certification that the plan will be followed.
All applicants for permits shall provide to Buchanan County
a performance bond with surety, cash escrow, or an irrevocable letter
of credit acceptable to the Big Sandy Soil and Water Conservation
District as the agent of Buchanan County, VA, to ensure that measures
could be taken by Buchanan County 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]
Editor's Note: Exhibit "A" is on file in the County offices.
C.Â
The amount of the bond or other security for performance shall not
exceed the total of the estimated cost to initiate and maintain appropriate
conservation action based on unit price for new public or private
sector construction in the locality and a reasonable allowance for
estimated administrative costs and inflation which shall not exceed
25% of the cost of the conservation action. Should it be necessary
for Buchanan County to take such conservation action, Buchanan County
may collect from the applicant any costs in excess of the amount of
the surety held.
D.Â
Within 60 days of adequate stabilization, as determined by the Big
Sandy Soil and Water Conservation District as the agent of the County
Administrator and Buchanan County 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.
A.Â
The responsible land disturber, as provided by § 62.1-44.15:52,
shall be in charge of and responsible for carrying out the land-disturbing
activity and provide for periodic inspections of the land-disturbing
activity. Buchanan County 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.Â
The Big Sandy Soil and Water Conservation District as the agent of
Buchanan County shall periodically inspect the land-disturbing activity
in accordance with 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 owner, permittee, or
person responsible for carrying out the plan shall be given notice
of the inspection.
If the Big Sandy Soil and Water Conservation District as the
agent of the County Administrator and Buchanan County 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 mailing with confirmation of delivery 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 subject to the penalties provided by
this chapter.
C.Â
Upon issuance of an inspection report denoting a violation of VA
Code §§ 62.1-44.15:55, 62.1-44.15:56, the Big Sandy
Soil and Water Conservation District as the agent of the County Administrator
and Buchanan County 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.
If land-disturbing activities have commenced without an approved
plan, the Big Sandy Soil and Water Conservation District as the agent
of County Administrator and Buchanan County may issue an order requiring
that all of the land-disturbing activities be stopped until an approved
plan or any required permits are obtained.
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 alleged violator has been issued a notice to comply
as specified in this chapter. Otherwise, such an order may be issued
only after the alleged violator has failed to comply with such a notice
to comply.
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 Buchanan County or permit
holder for appropriate relief to the Circuit Court of Buchanan County.
Buchanan County shall serve such order for disturbance without an
approved plan or permits upon the owner by mailing with confirmation
of delivery to the address specified in the land records. Said order
shall be posted on the site where the disturbance is occurring and
shall remain in effect until permits and plan approvals are secured,
except in such situations where an agricultural exemption applies.
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 Big Sandy Soil and Water Conservation District as the
agent of County Administrator and Buchanan County 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 mailing with confirmation of delivery
to the address specified in the permit application or the land records
of Buchanan County.
The owner may appeal the issuance of an order to the Circuit
Court of Buchanan County.
Any person violating or failing, neglecting, or refusing to
obey an order issued by Big Sandy Soil and Water Conservation District
as the agent of the County Administrator and Buchanan County may be
compelled in a proceeding instituted in the Circuit Court of Buchanan
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.
Nothing in this section shall prevent the County Administrator
or Big Sandy Soil and Water Conservation District as the agent of
the County Administrator and Buchanan County from taking any other
action authorized by this chapter.
A.Â
Violators of this chapter shall be guilty of a Class I misdemeanor.
B.Â
Any person who violates any provision of VA Code §§ 62.1-44.15:55, 62.1-44.15:56 shall, upon a finding of the District Court or Circuit Court of Buchanan County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $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 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. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of § 62.1-44.15:63.
C.Â
Buchanan County, VA, 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 Buchanan County to enjoin a violation or a
threatened violation of VA Code §§ 62.1-44.15:55, 62.1-44.15:56,
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 (i) 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 (ii) 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.Â
In addition to any criminal or civil penalties provided under this
chapter, any person who violates any provision of the Erosion and
Sediment Control Law may be liable to Buchanan County in a civil action
for damages.
E.Â
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 Buchanan County.
Any civil penalties assessed by a court shall be paid into the
treasury of Buchanan 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.Â
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, or order of the VESCP authority Buchanan County 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 B or E.
G.Â
The County Attorney shall, upon request of Buchanan County, take
legal action to enforce the provisions of this chapter.
H.Â
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.
A.Â
Final decisions of Buchanan County under this chapter shall be subject
to review by Buchanan County Circuit Court, 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.
