§ 10.1-562. Local erosion and sediment control programs.
A. Each district in the Commonwealth shall adopt and administer an erosionand sediment control program for any area within the district for which acounty, city, or town does not have an approved erosion and sediment controlprogram.
To carry out its program the district shall adopt regulations consistent withthe state program. The regulations may be revised from time to time asnecessary. Before adopting or revising regulations, the district shall givedue notice and conduct a public hearing on the proposed or revisedregulations except that a public hearing shall not be required when thedistrict is amending its program to conform to revisions in the stateprogram. However, a public hearing shall be held if a district proposes orrevises regulations that are more stringent than the state program. Theprogram and regulations shall be available for public inspection at theprincipal office of the district.
B. In areas where there is no district, a county, city, or town shall adoptand administer an erosion and sediment control program.
C. Any county, city, or town within a district may adopt and administer anerosion and sediment control program.
Any town, lying within a county which has adopted its own erosion andsediment control program, may adopt its own program or become subject to thecounty program. If a town lies within the boundaries of more than one county,the town shall be considered for the purposes of this article to be whollywithin the county in which the larger portion of the town lies. Any county,city, or town with an erosion and sediment control program may designate itsdepartment of public works or a similar local government department as theplan-approving authority or may designate the district as the plan-approvingauthority for all or some of the conservation plans.
D. Any erosion and sediment control program adopted by a district, county,city, or town shall be approved by the Board if it is consistent with thestate program and regulations for erosion and sediment control.
E. If a comprehensive review conducted by the Board of a local controlprogram indicates that the program authority has not administered, enforcedor conducted its program in a manner that satisfies the minimum standards ofeffectiveness established pursuant to subsection D of § 10.1-561, the Boardshall notify the program authority in writing, which notice shall identifycorrective action required to attain the minimum standard of effectivenessand shall include an offer to provide technical assistance to implement thecorrective action. If the program authority has not implemented thecorrective action identified by the Board within 30 days following receipt ofthe notice, or such additional period as is necessary to complete theimplementation of the corrective action, then the Board shall have theauthority to (i) issue a special order to any locality that has failed toenter into a corrective action agreement or, where such corrective actionagreement exists, has failed to initiate or has not made substantial andconsistent progress towards implementing an approved corrective actionagreement within the deadline established by the Board to pay a civil penaltynot to exceed $5,000 per day with the maximum amount not to exceed $20,000per violation for noncompliance with the state program, to be paid into thestate treasury and deposited in the Virginia Stormwater Management Fundestablished by § 10.1-603.4:1 or (ii) revoke its approval of the program.Prior to issuing a special order or revoking its approval of any localcontrol program, the Board shall conduct a formal hearing pursuant to §2.2-4020 of the Administrative Process Act. Judicial review of any order ofthe Board issuing a civil penalty pursuant to this section or revoking itsapproval of a local control program shall be made in accordance with Article5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
F. If the Board revokes its approval of a local control program of a county,city, or town, and the locality is in a district, the district shall adoptand administer an erosion and sediment control program for the locality.
G. If the Board (i) revokes its approval of a local control program of adistrict, or of a county, city, or town not in a district, or (ii) finds thata local program consistent with the state program and regulations has notbeen adopted by a district or a county, city, or town which is required toadopt and administer a local program, the Board shall, after such hearings orconsultations as it deems appropriate with the various local interestsinvolved, develop, adopt, and administer an appropriate program to be carriedout within such district, county, city, or town, as applicable, by the Board.
H. If the Board has revoked its approval of any local control program, theprogram authority may request that the Board approve a replacement program,and the Board shall approve the replacement program if it finds that (i) theprogram authority is capable of administering the program in accordance withthe minimum standards of effectiveness and (ii) the replacement programotherwise meets the requirements of the state program and regulations. TheBoard shall conduct a formal hearing pursuant to § 2.2-4020 of theAdministrative Process Act on any request for approval of a replacementprogram.
I. Any program authority which administers an erosion and sediment controlprogram may charge applicants a reasonable fee to defray the cost of programadministration. A program authority shall hold a public hearing prior toenacting an ordinance establishing a schedule of fees. The fee shall notexceed an amount commensurate with the services rendered, taking intoconsideration the time, skill and administrators' expense involved.
J. The governing body of any county, city or town which (i) is in a districtwhich has adopted a local control program, (ii) has adopted its own localcontrol program, (iii) is subject to a local control program adopted by theBoard, or (iv) administers a local control program, may adopt an ordinanceproviding that violations of any regulation or order of the Board, anyprovision of its program, any condition of a permit, or any provision of thisarticle shall be subject to a civil penalty. The civil penalty for any oneviolation shall be not less than $100 nor more than $1,000. Each day duringwhich the violation is found to have existed shall constitute a separateoffense. In no event shall a series of specified violations arising from thesame 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 ofland-disturbing activities without an approved plan for any site shall notresult in civil penalties which exceed a total of $10,000. Adoption of suchan ordinance providing that violations are subject to a civil penalty shallbe in lieu of criminal sanctions and shall preclude the prosecution of suchviolation as a misdemeanor under subsection A of § 10.1-569.
(1973, c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c.189; 1988, cc. 732, 891; 1992, c. 298; 1993, c. 925; 2005, c. 129; 2007, cc.51, 204; 2010, c. 275.)
§ 10.1-562. Local erosion and sediment control programs.
A. Each district in the Commonwealth shall adopt and administer an erosionand sediment control program for any area within the district for which acounty, city, or town does not have an approved erosion and sediment controlprogram.
To carry out its program the district shall adopt regulations consistent withthe state program. The regulations may be revised from time to time asnecessary. Before adopting or revising regulations, the district shall givedue notice and conduct a public hearing on the proposed or revisedregulations except that a public hearing shall not be required when thedistrict is amending its program to conform to revisions in the stateprogram. However, a public hearing shall be held if a district proposes orrevises regulations that are more stringent than the state program. Theprogram and regulations shall be available for public inspection at theprincipal office of the district.
B. In areas where there is no district, a county, city, or town shall adoptand administer an erosion and sediment control program.
C. Any county, city, or town within a district may adopt and administer anerosion and sediment control program.
Any town, lying within a county which has adopted its own erosion andsediment control program, may adopt its own program or become subject to thecounty program. If a town lies within the boundaries of more than one county,the town shall be considered for the purposes of this article to be whollywithin the county in which the larger portion of the town lies. Any county,city, or town with an erosion and sediment control program may designate itsdepartment of public works or a similar local government department as theplan-approving authority or may designate the district as the plan-approvingauthority for all or some of the conservation plans.
D. Any erosion and sediment control program adopted by a district, county,city, or town shall be approved by the Board if it is consistent with thestate program and regulations for erosion and sediment control.
E. If a comprehensive review conducted by the Board of a local controlprogram indicates that the program authority has not administered, enforcedor conducted its program in a manner that satisfies the minimum standards ofeffectiveness established pursuant to subsection D of § 10.1-561, the Boardshall notify the program authority in writing, which notice shall identifycorrective action required to attain the minimum standard of effectivenessand shall include an offer to provide technical assistance to implement thecorrective action. If the program authority has not implemented thecorrective action identified by the Board within 30 days following receipt ofthe notice, or such additional period as is necessary to complete theimplementation of the corrective action, then the Board shall have theauthority to (i) issue a special order to any locality that has failed toenter into a corrective action agreement or, where such corrective actionagreement exists, has failed to initiate or has not made substantial andconsistent progress towards implementing an approved corrective actionagreement within the deadline established by the Board to pay a civil penaltynot to exceed $5,000 per day with the maximum amount not to exceed $20,000per violation for noncompliance with the state program, to be paid into thestate treasury and deposited in the Virginia Stormwater Management Fundestablished by § 10.1-603.4:1 or (ii) revoke its approval of the program.Prior to issuing a special order or revoking its approval of any localcontrol program, the Board shall conduct a formal hearing pursuant to §2.2-4020 of the Administrative Process Act. Judicial review of any order ofthe Board issuing a civil penalty pursuant to this section or revoking itsapproval of a local control program shall be made in accordance with Article5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
F. If the Board revokes its approval of a local control program of a county,city, or town, and the locality is in a district, the district shall adoptand administer an erosion and sediment control program for the locality.
G. If the Board (i) revokes its approval of a local control program of adistrict, or of a county, city, or town not in a district, or (ii) finds thata local program consistent with the state program and regulations has notbeen adopted by a district or a county, city, or town which is required toadopt and administer a local program, the Board shall, after such hearings orconsultations as it deems appropriate with the various local interestsinvolved, develop, adopt, and administer an appropriate program to be carriedout within such district, county, city, or town, as applicable, by the Board.
H. If the Board has revoked its approval of any local control program, theprogram authority may request that the Board approve a replacement program,and the Board shall approve the replacement program if it finds that (i) theprogram authority is capable of administering the program in accordance withthe minimum standards of effectiveness and (ii) the replacement programotherwise meets the requirements of the state program and regulations. TheBoard shall conduct a formal hearing pursuant to § 2.2-4020 of theAdministrative Process Act on any request for approval of a replacementprogram.
I. Any program authority which administers an erosion and sediment controlprogram may charge applicants a reasonable fee to defray the cost of programadministration. A program authority shall hold a public hearing prior toenacting an ordinance establishing a schedule of fees. The fee shall notexceed an amount commensurate with the services rendered, taking intoconsideration the time, skill and administrators' expense involved.
J. The governing body of any county, city or town which (i) is in a districtwhich has adopted a local control program, (ii) has adopted its own localcontrol program, (iii) is subject to a local control program adopted by theBoard, or (iv) administers a local control program, may adopt an ordinanceproviding that violations of any regulation or order of the Board, anyprovision of its program, any condition of a permit, or any provision of thisarticle shall be subject to a civil penalty. The civil penalty for any oneviolation shall be not less than $100 nor more than $1,000. Each day duringwhich the violation is found to have existed shall constitute a separateoffense. In no event shall a series of specified violations arising from thesame 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 ofland-disturbing activities without an approved plan for any site shall notresult in civil penalties which exceed a total of $10,000. Adoption of suchan ordinance providing that violations are subject to a civil penalty shallbe in lieu of criminal sanctions and shall preclude the prosecution of suchviolation as a misdemeanor under subsection A of § 10.1-569.
(1973, c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c.189; 1988, cc. 732, 891; 1992, c. 298; 1993, c. 925; 2005, c. 129; 2007, cc.51, 204; 2010, c. 275.)
§ 10.1-562. Local erosion and sediment control programs.
A. Each district in the Commonwealth shall adopt and administer an erosionand sediment control program for any area within the district for which acounty, city, or town does not have an approved erosion and sediment controlprogram.
To carry out its program the district shall adopt regulations consistent withthe state program. The regulations may be revised from time to time asnecessary. Before adopting or revising regulations, the district shall givedue notice and conduct a public hearing on the proposed or revisedregulations except that a public hearing shall not be required when thedistrict is amending its program to conform to revisions in the stateprogram. However, a public hearing shall be held if a district proposes orrevises regulations that are more stringent than the state program. Theprogram and regulations shall be available for public inspection at theprincipal office of the district.
B. In areas where there is no district, a county, city, or town shall adoptand administer an erosion and sediment control program.
C. Any county, city, or town within a district may adopt and administer anerosion and sediment control program.
Any town, lying within a county which has adopted its own erosion andsediment control program, may adopt its own program or become subject to thecounty program. If a town lies within the boundaries of more than one county,the town shall be considered for the purposes of this article to be whollywithin the county in which the larger portion of the town lies. Any county,city, or town with an erosion and sediment control program may designate itsdepartment of public works or a similar local government department as theplan-approving authority or may designate the district as the plan-approvingauthority for all or some of the conservation plans.
D. Any erosion and sediment control program adopted by a district, county,city, or town shall be approved by the Board if it is consistent with thestate program and regulations for erosion and sediment control.
E. If a comprehensive review conducted by the Board of a local controlprogram indicates that the program authority has not administered, enforcedor conducted its program in a manner that satisfies the minimum standards ofeffectiveness established pursuant to subsection D of § 10.1-561, the Boardshall notify the program authority in writing, which notice shall identifycorrective action required to attain the minimum standard of effectivenessand shall include an offer to provide technical assistance to implement thecorrective action. If the program authority has not implemented thecorrective action identified by the Board within 30 days following receipt ofthe notice, or such additional period as is necessary to complete theimplementation of the corrective action, then the Board shall have theauthority to (i) issue a special order to any locality that has failed toenter into a corrective action agreement or, where such corrective actionagreement exists, has failed to initiate or has not made substantial andconsistent progress towards implementing an approved corrective actionagreement within the deadline established by the Board to pay a civil penaltynot to exceed $5,000 per day with the maximum amount not to exceed $20,000per violation for noncompliance with the state program, to be paid into thestate treasury and deposited in the Virginia Stormwater Management Fundestablished by § 10.1-603.4:1 or (ii) revoke its approval of the program.Prior to issuing a special order or revoking its approval of any localcontrol program, the Board shall conduct a formal hearing pursuant to §2.2-4020 of the Administrative Process Act. Judicial review of any order ofthe Board issuing a civil penalty pursuant to this section or revoking itsapproval of a local control program shall be made in accordance with Article5 (§ 2.2-4025 et seq.) of the Administrative Process Act.
F. If the Board revokes its approval of a local control program of a county,city, or town, and the locality is in a district, the district shall adoptand administer an erosion and sediment control program for the locality.
G. If the Board (i) revokes its approval of a local control program of adistrict, or of a county, city, or town not in a district, or (ii) finds thata local program consistent with the state program and regulations has notbeen adopted by a district or a county, city, or town which is required toadopt and administer a local program, the Board shall, after such hearings orconsultations as it deems appropriate with the various local interestsinvolved, develop, adopt, and administer an appropriate program to be carriedout within such district, county, city, or town, as applicable, by the Board.
H. If the Board has revoked its approval of any local control program, theprogram authority may request that the Board approve a replacement program,and the Board shall approve the replacement program if it finds that (i) theprogram authority is capable of administering the program in accordance withthe minimum standards of effectiveness and (ii) the replacement programotherwise meets the requirements of the state program and regulations. TheBoard shall conduct a formal hearing pursuant to § 2.2-4020 of theAdministrative Process Act on any request for approval of a replacementprogram.
I. Any program authority which administers an erosion and sediment controlprogram may charge applicants a reasonable fee to defray the cost of programadministration. A program authority shall hold a public hearing prior toenacting an ordinance establishing a schedule of fees. The fee shall notexceed an amount commensurate with the services rendered, taking intoconsideration the time, skill and administrators' expense involved.
J. The governing body of any county, city or town which (i) is in a districtwhich has adopted a local control program, (ii) has adopted its own localcontrol program, (iii) is subject to a local control program adopted by theBoard, or (iv) administers a local control program, may adopt an ordinanceproviding that violations of any regulation or order of the Board, anyprovision of its program, any condition of a permit, or any provision of thisarticle shall be subject to a civil penalty. The civil penalty for any oneviolation shall be not less than $100 nor more than $1,000. Each day duringwhich the violation is found to have existed shall constitute a separateoffense. In no event shall a series of specified violations arising from thesame 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 ofland-disturbing activities without an approved plan for any site shall notresult in civil penalties which exceed a total of $10,000. Adoption of suchan ordinance providing that violations are subject to a civil penalty shallbe in lieu of criminal sanctions and shall preclude the prosecution of suchviolation as a misdemeanor under subsection A of § 10.1-569.
(1973, c. 486, § 21-89.5; 1976, c. 653; 1978, c. 450; 1980, c. 35; 1983, c.189; 1988, cc. 732, 891; 1992, c. 298; 1993, c. 925; 2005, c. 129; 2007, cc.51, 204; 2010, c. 275.)
