A.
The VESCP plan approving authority will be responsible for the enforcement
of this chapter and will direct the on-site inspection of each project.
(1)
The VESCP plan approving authority 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.
(2)
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. The VESCP plan approving authority may require the person
responsible for carrying out the plan to monitor and maintain 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.
(3)
The VESCP plan approving authority will be responsible for developing
and maintaining a monitoring system for all land-disturbing projects.
The system shall contain a record of each inspection, date of inspection,
date land-disturbing activities commenced and comments concerning
compliance or noncompliance. The VESCP plan approving authority may
require monitoring and reports from the person responsible for carrying
out the plan.
B.
If the VESCP plan approving authority 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 shall be subject to the penalties provided by this chapter.
Upon issuance of an inspection report denoting a violation of
Code of Virginia, §§ 62.1-44.15:55 and 44.15:56, the
VESCP plan approving authority 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.
A.
If land-disturbing activities have commenced without an approved
plan, the VESCP plan approving authority may issue an order requiring
that all of the land-disturbing activities be stopped until an approved
plan or any required permits are obtained.
B.
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.
C.
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 Mathews County or the permit holder
for appropriate relief to the Circuit Court of Mathews County. Mathews
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.
D.
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 VESCP plan approving authority 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 Mathews County.
E.
The owner may appeal the issuance of an order to the Circuit Court
of Mathews County.
F.
Any person violating or failing, neglecting or refusing to obey an
order issued by the VESCP plan approving authority may be compelled
in a proceeding instituted in the Circuit Court of Mathews County
to obey same and to comply therewith by injunction, mandamus or other
appropriate remedy.
G.
Upon completion and approval of corrective action or obtaining an
approved plan or any required permits, the order shall immediately
be lifted.
H.
Nothing in this section shall prevent the VESPC plan approving authority
from taking any other action authorized by this chapter.
