§ 10.1-1181.2. Conduct of silvicultural activities; issuance of specialorders.
A. If the State Forester believes that an owner or operator has conducted oris conducting or has allowed or is allowing the conduct of any silviculturalactivity in a manner that is causing or is likely to cause pollution, he mayenter upon the silvicultural operation for inspection to determine whetherthe activity is causing or likely to cause pollution and notify the owner oroperator regarding the activity that is causing or likely to cause pollutionand recommend (i) corrective measures and (ii) a reasonable time period toprevent, mitigate, or eliminate the pollution. If the owner or operator failsto take action to prevent, mitigate, or eliminate the pollution, the StateForester shall issue a special order pursuant to subsection B or C. Failureof the State Forester to notify an owner or operator of such correctivemeasures shall not impair the State Forester's authority to issue specialorders pursuant to subsection B or C.
B. The State Forester shall have the authority to issue special orders to anyowner or operator who has conducted or is conducting, or has allowed or isallowing to be conducted, any silvicultural activity in a manner that iscausing or is likely to cause pollution, to cease immediately all or part ofthe silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. Such special orders areto be issued only after the owner or operator has been given the opportunityfor a hearing with reasonable notice to the owner or operator, or both, ofthe time, place and purpose thereof, and they shall become effective not lessthan five days after service as provided in subsection D.
C. If the State Forester finds that any owner or operator is conducting anysilvicultural activity in a manner that is causing or is likely to cause analteration of the physical, chemical or biological properties of any statewaters resulting from sediment deposition presenting an imminent andsubstantial danger to (i) the public health, safety or welfare, or the healthof animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,the State Forester may issue, without advance notice or hearing, an emergencyorder directing the owner or operator, or both, to cease immediately all orpart of the silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. The commencement ofproceedings by the State Forester for the issuance of a special orderpursuant to subsection B shall not impair the State Forester's authority toissue an emergency special order pursuant to this subsection. The StateForester shall provide an opportunity for a hearing, after reasonable noticeas to the time and place thereof to the owner or operator, to affirm, modify,amend or cancel such emergency special order.
D. The owner or operator to whom such special order is directed shall benotified by certified mail, return receipt requested, sent to the last knownaddress of the owner, or operator, or by personal delivery by an agent of theState Forester, and the time limits specified shall be counted from the dateof receipt.
E. The State Forester shall not issue a special order to any owner oroperator who has incorporated generally acceptable water quality protectiontechniques in the operation of silvicultural activities, which techniqueshave failed to prevent pollution, if the State Forester determines that thepollution is the direct result of unusual weather events that could not havebeen reasonably anticipated.
F. Any hearing required under this section shall be conducted in accordancewith § 2.2-4020 unless the parties consent to informal proceedings.
G. The State Forester shall not issue a notice under subsection A or aspecial order or emergency special order under subsection B or C more thanone year after the silvicultural activity has occurred on the property. Anysuch notice, special order, or emergency special order shall remain in effectuntil the State Forester determines that corrective measures specifiedtherein have been implemented.
H. Prior to completion but not later than three working days after thecommencement of an operation, the operator shall notify the State Forester ofthe commercial harvesting of timber. For the purpose of this section,commercial harvesting of timber means the harvesting of trees for the primarypurpose of transporting to another site for additional manufacturing. Thenotification may be verbal or written and shall (i) specify the location andthe actual or anticipated date of the activity, (ii) include an owner's nameor the owner's representative or agent and contact information, and (iii) beprovided in a manner or form as prescribed by the State Forester. If anoperator fails to comply with the provisions of this subsection, the StateForester may assess a civil penalty of $250 for the initial violation and notmore than $1,000 for any subsequent violation within a 24-month period by theoperator. Such civil penalties shall be paid into the state treasury andcredited to the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.
(1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812; 2004, c.228; 2009, c. 572.)
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of specialorders.
A. If the State Forester believes that an owner or operator has conducted oris conducting or has allowed or is allowing the conduct of any silviculturalactivity in a manner that is causing or is likely to cause pollution, he mayenter upon the silvicultural operation for inspection to determine whetherthe activity is causing or likely to cause pollution and notify the owner oroperator regarding the activity that is causing or likely to cause pollutionand recommend (i) corrective measures and (ii) a reasonable time period toprevent, mitigate, or eliminate the pollution. If the owner or operator failsto take action to prevent, mitigate, or eliminate the pollution, the StateForester shall issue a special order pursuant to subsection B or C. Failureof the State Forester to notify an owner or operator of such correctivemeasures shall not impair the State Forester's authority to issue specialorders pursuant to subsection B or C.
B. The State Forester shall have the authority to issue special orders to anyowner or operator who has conducted or is conducting, or has allowed or isallowing to be conducted, any silvicultural activity in a manner that iscausing or is likely to cause pollution, to cease immediately all or part ofthe silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. Such special orders areto be issued only after the owner or operator has been given the opportunityfor a hearing with reasonable notice to the owner or operator, or both, ofthe time, place and purpose thereof, and they shall become effective not lessthan five days after service as provided in subsection D.
C. If the State Forester finds that any owner or operator is conducting anysilvicultural activity in a manner that is causing or is likely to cause analteration of the physical, chemical or biological properties of any statewaters resulting from sediment deposition presenting an imminent andsubstantial danger to (i) the public health, safety or welfare, or the healthof animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,the State Forester may issue, without advance notice or hearing, an emergencyorder directing the owner or operator, or both, to cease immediately all orpart of the silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. The commencement ofproceedings by the State Forester for the issuance of a special orderpursuant to subsection B shall not impair the State Forester's authority toissue an emergency special order pursuant to this subsection. The StateForester shall provide an opportunity for a hearing, after reasonable noticeas to the time and place thereof to the owner or operator, to affirm, modify,amend or cancel such emergency special order.
D. The owner or operator to whom such special order is directed shall benotified by certified mail, return receipt requested, sent to the last knownaddress of the owner, or operator, or by personal delivery by an agent of theState Forester, and the time limits specified shall be counted from the dateof receipt.
E. The State Forester shall not issue a special order to any owner oroperator who has incorporated generally acceptable water quality protectiontechniques in the operation of silvicultural activities, which techniqueshave failed to prevent pollution, if the State Forester determines that thepollution is the direct result of unusual weather events that could not havebeen reasonably anticipated.
F. Any hearing required under this section shall be conducted in accordancewith § 2.2-4020 unless the parties consent to informal proceedings.
G. The State Forester shall not issue a notice under subsection A or aspecial order or emergency special order under subsection B or C more thanone year after the silvicultural activity has occurred on the property. Anysuch notice, special order, or emergency special order shall remain in effectuntil the State Forester determines that corrective measures specifiedtherein have been implemented.
H. Prior to completion but not later than three working days after thecommencement of an operation, the operator shall notify the State Forester ofthe commercial harvesting of timber. For the purpose of this section,commercial harvesting of timber means the harvesting of trees for the primarypurpose of transporting to another site for additional manufacturing. Thenotification may be verbal or written and shall (i) specify the location andthe actual or anticipated date of the activity, (ii) include an owner's nameor the owner's representative or agent and contact information, and (iii) beprovided in a manner or form as prescribed by the State Forester. If anoperator fails to comply with the provisions of this subsection, the StateForester may assess a civil penalty of $250 for the initial violation and notmore than $1,000 for any subsequent violation within a 24-month period by theoperator. Such civil penalties shall be paid into the state treasury andcredited to the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.
(1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812; 2004, c.228; 2009, c. 572.)
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of specialorders.
A. If the State Forester believes that an owner or operator has conducted oris conducting or has allowed or is allowing the conduct of any silviculturalactivity in a manner that is causing or is likely to cause pollution, he mayenter upon the silvicultural operation for inspection to determine whetherthe activity is causing or likely to cause pollution and notify the owner oroperator regarding the activity that is causing or likely to cause pollutionand recommend (i) corrective measures and (ii) a reasonable time period toprevent, mitigate, or eliminate the pollution. If the owner or operator failsto take action to prevent, mitigate, or eliminate the pollution, the StateForester shall issue a special order pursuant to subsection B or C. Failureof the State Forester to notify an owner or operator of such correctivemeasures shall not impair the State Forester's authority to issue specialorders pursuant to subsection B or C.
B. The State Forester shall have the authority to issue special orders to anyowner or operator who has conducted or is conducting, or has allowed or isallowing to be conducted, any silvicultural activity in a manner that iscausing or is likely to cause pollution, to cease immediately all or part ofthe silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. Such special orders areto be issued only after the owner or operator has been given the opportunityfor a hearing with reasonable notice to the owner or operator, or both, ofthe time, place and purpose thereof, and they shall become effective not lessthan five days after service as provided in subsection D.
C. If the State Forester finds that any owner or operator is conducting anysilvicultural activity in a manner that is causing or is likely to cause analteration of the physical, chemical or biological properties of any statewaters resulting from sediment deposition presenting an imminent andsubstantial danger to (i) the public health, safety or welfare, or the healthof animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,the State Forester may issue, without advance notice or hearing, an emergencyorder directing the owner or operator, or both, to cease immediately all orpart of the silvicultural activities on the site, and to implement specifiedcorrective measures within a stated period of time. The commencement ofproceedings by the State Forester for the issuance of a special orderpursuant to subsection B shall not impair the State Forester's authority toissue an emergency special order pursuant to this subsection. The StateForester shall provide an opportunity for a hearing, after reasonable noticeas to the time and place thereof to the owner or operator, to affirm, modify,amend or cancel such emergency special order.
D. The owner or operator to whom such special order is directed shall benotified by certified mail, return receipt requested, sent to the last knownaddress of the owner, or operator, or by personal delivery by an agent of theState Forester, and the time limits specified shall be counted from the dateof receipt.
E. The State Forester shall not issue a special order to any owner oroperator who has incorporated generally acceptable water quality protectiontechniques in the operation of silvicultural activities, which techniqueshave failed to prevent pollution, if the State Forester determines that thepollution is the direct result of unusual weather events that could not havebeen reasonably anticipated.
F. Any hearing required under this section shall be conducted in accordancewith § 2.2-4020 unless the parties consent to informal proceedings.
G. The State Forester shall not issue a notice under subsection A or aspecial order or emergency special order under subsection B or C more thanone year after the silvicultural activity has occurred on the property. Anysuch notice, special order, or emergency special order shall remain in effectuntil the State Forester determines that corrective measures specifiedtherein have been implemented.
H. Prior to completion but not later than three working days after thecommencement of an operation, the operator shall notify the State Forester ofthe commercial harvesting of timber. For the purpose of this section,commercial harvesting of timber means the harvesting of trees for the primarypurpose of transporting to another site for additional manufacturing. Thenotification may be verbal or written and shall (i) specify the location andthe actual or anticipated date of the activity, (ii) include an owner's nameor the owner's representative or agent and contact information, and (iii) beprovided in a manner or form as prescribed by the State Forester. If anoperator fails to comply with the provisions of this subsection, the StateForester may assess a civil penalty of $250 for the initial violation and notmore than $1,000 for any subsequent violation within a 24-month period by theoperator. Such civil penalties shall be paid into the state treasury andcredited to the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.
(1993, c. 948; 1998, c. 578; 2002, cc. 293, 304, 376; 2003, c. 812; 2004, c.228; 2009, c. 572.)
