§ 10.1-569.1. Stop work orders by Board; civil penalties.
A. An aggrieved owner of property sustaining pecuniary damage resulting froma violation of an approved plan or required permit, or from the conduct ofland-disturbing activities commenced without an approved plan or requiredpermit, may give written notice of the alleged violation to the programauthority and to the Director.
B. Upon receipt of the notice from the aggrieved owner and notification tothe program authority, the Director shall conduct an investigation of theaggrieved owner's complaint.
C. If the program authority has not responded to the alleged violation in amanner which causes the violation to cease and abates the damage to theaggrieved owner's property within thirty days following receipt of the noticefrom the aggrieved owner, the aggrieved owner may request that the Directorrequire the violator to stop the violation and abate the damage to hisproperty.
D. If (i) the Director's investigation of the complaint indicates that theprogram authority has not responded to the alleged violation as required bythe local program, (ii) the program authority has not responded to thealleged violation within thirty days from the date of the notice givenpursuant to subsection A of this section, and (iii) the Director is requestedby the aggrieved owner to require the violator to cease the violation, thenthe Director shall give written notice to the program authority that theDirector will request the Board to issue an order pursuant to subsection E ofthis section.
E. If the program authority has not instituted action to stop the violationand abate the damage to the aggrieved owner's property within ten daysfollowing receipt of the notice from the Director, the Board is authorized toissue an order requiring the owner, permittee, person responsible forcarrying out an approved plan, or person conducting the land-disturbingactivities without an approved plan or required permit to cease allland-disturbing activities until the violation of the plan or permit hasceased, or an approved plan and required permits are obtained, asappropriate, and specified corrective measures have been completed.
F. Such orders are to be issued only after a hearing with reasonable noticeto the affected person of the time, place and purpose thereof, and they shallbecome effective upon service on the person by certified mail, return receiptrequested, sent to his address specified in the land records of the locality,or by personal delivery by an agent of the Director. However, if the Boardfinds that any such violation is grossly affecting or presents an imminentand substantial danger of causing harmful erosion of lands or sedimentdeposition in waters within the watersheds of the Commonwealth, it may issue,without advance notice or hearing, an emergency order directing such personto cease all land-disturbing activities on the site immediately and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof, to such person, to affirm, modify, amend or cancel suchemergency order.
G. If a person who has been issued an order or emergency order is notcomplying with the terms thereof, the Board may institute a proceeding in theappropriate circuit court for an injunction, mandamus, or other appropriateremedy compelling the person to comply with such order.
H. Any person violating or failing, neglecting or refusing to obey anyinjunction, mandamus or other remedy obtained pursuant to subsection G ofthis section shall be subject, in the discretion of the court, to a civilpenalty not to exceed $2,000 for each violation. Any civil penalties assessedby a court shall be paid into the state treasury.
§ 10.1-569.1. Stop work orders by Board; civil penalties.
A. An aggrieved owner of property sustaining pecuniary damage resulting froma violation of an approved plan or required permit, or from the conduct ofland-disturbing activities commenced without an approved plan or requiredpermit, may give written notice of the alleged violation to the programauthority and to the Director.
B. Upon receipt of the notice from the aggrieved owner and notification tothe program authority, the Director shall conduct an investigation of theaggrieved owner's complaint.
C. If the program authority has not responded to the alleged violation in amanner which causes the violation to cease and abates the damage to theaggrieved owner's property within thirty days following receipt of the noticefrom the aggrieved owner, the aggrieved owner may request that the Directorrequire the violator to stop the violation and abate the damage to hisproperty.
D. If (i) the Director's investigation of the complaint indicates that theprogram authority has not responded to the alleged violation as required bythe local program, (ii) the program authority has not responded to thealleged violation within thirty days from the date of the notice givenpursuant to subsection A of this section, and (iii) the Director is requestedby the aggrieved owner to require the violator to cease the violation, thenthe Director shall give written notice to the program authority that theDirector will request the Board to issue an order pursuant to subsection E ofthis section.
E. If the program authority has not instituted action to stop the violationand abate the damage to the aggrieved owner's property within ten daysfollowing receipt of the notice from the Director, the Board is authorized toissue an order requiring the owner, permittee, person responsible forcarrying out an approved plan, or person conducting the land-disturbingactivities without an approved plan or required permit to cease allland-disturbing activities until the violation of the plan or permit hasceased, or an approved plan and required permits are obtained, asappropriate, and specified corrective measures have been completed.
F. Such orders are to be issued only after a hearing with reasonable noticeto the affected person of the time, place and purpose thereof, and they shallbecome effective upon service on the person by certified mail, return receiptrequested, sent to his address specified in the land records of the locality,or by personal delivery by an agent of the Director. However, if the Boardfinds that any such violation is grossly affecting or presents an imminentand substantial danger of causing harmful erosion of lands or sedimentdeposition in waters within the watersheds of the Commonwealth, it may issue,without advance notice or hearing, an emergency order directing such personto cease all land-disturbing activities on the site immediately and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof, to such person, to affirm, modify, amend or cancel suchemergency order.
G. If a person who has been issued an order or emergency order is notcomplying with the terms thereof, the Board may institute a proceeding in theappropriate circuit court for an injunction, mandamus, or other appropriateremedy compelling the person to comply with such order.
H. Any person violating or failing, neglecting or refusing to obey anyinjunction, mandamus or other remedy obtained pursuant to subsection G ofthis section shall be subject, in the discretion of the court, to a civilpenalty not to exceed $2,000 for each violation. Any civil penalties assessedby a court shall be paid into the state treasury.
§ 10.1-569.1. Stop work orders by Board; civil penalties.
A. An aggrieved owner of property sustaining pecuniary damage resulting froma violation of an approved plan or required permit, or from the conduct ofland-disturbing activities commenced without an approved plan or requiredpermit, may give written notice of the alleged violation to the programauthority and to the Director.
B. Upon receipt of the notice from the aggrieved owner and notification tothe program authority, the Director shall conduct an investigation of theaggrieved owner's complaint.
C. If the program authority has not responded to the alleged violation in amanner which causes the violation to cease and abates the damage to theaggrieved owner's property within thirty days following receipt of the noticefrom the aggrieved owner, the aggrieved owner may request that the Directorrequire the violator to stop the violation and abate the damage to hisproperty.
D. If (i) the Director's investigation of the complaint indicates that theprogram authority has not responded to the alleged violation as required bythe local program, (ii) the program authority has not responded to thealleged violation within thirty days from the date of the notice givenpursuant to subsection A of this section, and (iii) the Director is requestedby the aggrieved owner to require the violator to cease the violation, thenthe Director shall give written notice to the program authority that theDirector will request the Board to issue an order pursuant to subsection E ofthis section.
E. If the program authority has not instituted action to stop the violationand abate the damage to the aggrieved owner's property within ten daysfollowing receipt of the notice from the Director, the Board is authorized toissue an order requiring the owner, permittee, person responsible forcarrying out an approved plan, or person conducting the land-disturbingactivities without an approved plan or required permit to cease allland-disturbing activities until the violation of the plan or permit hasceased, or an approved plan and required permits are obtained, asappropriate, and specified corrective measures have been completed.
F. Such orders are to be issued only after a hearing with reasonable noticeto the affected person of the time, place and purpose thereof, and they shallbecome effective upon service on the person by certified mail, return receiptrequested, sent to his address specified in the land records of the locality,or by personal delivery by an agent of the Director. However, if the Boardfinds that any such violation is grossly affecting or presents an imminentand substantial danger of causing harmful erosion of lands or sedimentdeposition in waters within the watersheds of the Commonwealth, it may issue,without advance notice or hearing, an emergency order directing such personto cease all land-disturbing activities on the site immediately and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof, to such person, to affirm, modify, amend or cancel suchemergency order.
G. If a person who has been issued an order or emergency order is notcomplying with the terms thereof, the Board may institute a proceeding in theappropriate circuit court for an injunction, mandamus, or other appropriateremedy compelling the person to comply with such order.
H. Any person violating or failing, neglecting or refusing to obey anyinjunction, mandamus or other remedy obtained pursuant to subsection G ofthis section shall be subject, in the discretion of the court, to a civilpenalty not to exceed $2,000 for each violation. Any civil penalties assessedby a court shall be paid into the state treasury.
