§ 10.1-603.2:1. Powers and duties of the Virginia Soil and Water ConservationBoard.
In addition to other powers and duties conferred upon the Board, it shallpermit, regulate, and control stormwater runoff in the Commonwealth. Inaccordance with the VSMP, the Board may issue, deny, revoke, terminate, oramend stormwater permits; adopt regulations; approve and periodically reviewlocal stormwater management programs and management programs developed inconjunction with a municipal separate storm sewer permit; enforce theprovisions of this article; and otherwise act to ensure the general health,safety and welfare of the citizens of the Commonwealth as well as protect thequality and quantity of state waters from the potential harm of unmanagedstormwater. The Board may:
1. Issue, deny, amend, revoke, terminate, and enforce permits for the controlof stormwater discharges from Municipal Separate Storm Sewer Systems and landdisturbing activities.
2. Delegate to the Department or to an approved locality any of the powersand duties vested in it by this article except the adoption and promulgationof regulations. Delegation shall not remove from the Board authority toenforce the provisions of this article.
3. Take administrative and legal actions to ensure compliance by permittees,any person subject to permit requirements under this article, and thoselocalities with an approved local stormwater management program andmanagement programs developed in conjunction with a municipal separate stormsewer system permit with the provisions of this article including the properenforcement and implementation of, and continual compliance with, thisarticle.
4. After notice and opportunity for a hearing by the Board, amend or revokeany permit issued by the permit issuing authority under this article on thefollowing grounds or for good cause as may be provided by the regulations ofthe Board:
a. The permittee or any person subject to permit requirements under thisarticle has violated any order or regulation of the Board, any condition of apermit, any provision of this article, any order of a court, or any order ofthe permit issuing authority, where such violation results in theunreasonable degradation of properties, water quality, stream channels, andother natural resources, or the violation is representative of a pattern ofserious or repeated violations including the disregard for or inability tocomply with applicable laws, regulations, permit conditions, orders, rules,or requirements;
b. The permittee or any person subject to permit requirements under thisarticle has failed to disclose fully all relevant material facts or hasmisrepresented a material fact in applying for a permit, or in any otherreport or document required under this law or under the regulations of theBoard;
c. The activity for which the permit was issued causes unreasonabledegradation of properties, water quality, stream channels, and other naturalresources; or
d. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofany discharge or land disturbing activity controlled by the permit necessaryto prevent unreasonable degradation of properties, water quality, streamchannels, and other natural resources.
5. Cause investigations and inspections, or delegate authority to do so, toensure compliance with any permits, conditions, policies, rules, regulations,rulings and orders which it may adopt, issue or establish and to furnishadvice, recommendations, or instructions for the purpose of obtaining suchcompliance.
6. Adopt rules governing the procedure of the permit issuing authority withrespect to: (i) hearings; (ii) the filing of reports; (iii) the issuance ofpermits and special orders; and (iv) all other matters relating to procedure;and to amend or cancel any rule adopted. Public notice of every rule adoptedunder this section shall be by such means as the permit issuing authority mayprescribe but must be consistent with the Administrative Process Act (§2.2-4000 et seq.).
7. Issue special orders to a permittee or any person subject to permitrequirements under this article (i) who is permitting or causing theunreasonable degradation of properties, water quality, stream channels, andother natural resources to cease and desist from such activities, (ii) whohas failed to construct facilities in accordance with final approved plansand specifications to construct such facilities, (iii) who has violated theterms and provisions of a permit issued by the permit issuing authority; tocomply with the provisions of the permit, this article and any decision ofthe permit issuing authority, the Department, or the Board, or (iv) who hasviolated the terms of an order issued by the court, the permit issuingauthority, the Department, or the Board: to comply with the terms of suchorder, and also to issue orders to require any permittee or any personsubject to permit requirements under this article to comply with theprovisions of this article and any decision of the Board.
Such special orders are to be issued only after a hearing with at least 30days' notice to the affected permittee or any person subject to permitrequirements under this article, of the time, place, and purpose thereof, andthey shall become effective not less than 15 days after the date of mailingby certified mail of the notice to the last known address of the permittee orany person subject to permit requirements under this article; provided thatif the Board finds that any such permittee or any person subject to permitrequirements under this article is grossly affecting or presents an imminentand substantial danger to (i) the public health, safety or welfare, or thehealth of animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,it may issue, without advance notice or hearing, an emergency special orderdirecting the permittee or any person subject to permit requirements underthis article to cease such pollution or discharge immediately, and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof to the permittee or any person subject to permitrequirements under this article, to affirm, modify, amend, or cancel suchemergency special order. If the permittee or any person subject to permitrequirements under this article who has been issued such a special order oran emergency special order is not complying with the terms thereof, the Boardmay proceed in accordance with § 10.1-603.14, and where the order is based ona finding of an imminent and substantial danger, the court shall issue aninjunction compelling compliance with the emergency special order pending ahearing by the Board. If an emergency special order requires cessation of adischarge, the Board shall provide an opportunity for a hearing within 48hours of the issuance of the injunction.
The provisions of this section notwithstanding, the Board may proceeddirectly under § 10.1-603.14 for any past violation or violations of anyprovision of this article or any regulation duly adopted hereunder.
With the consent of any permittee or any person subject to permitrequirements under this article who has violated or failed, neglected, orrefused to obey any regulation or order of the Board, any condition of apermit or any provision of this article, the Board may provide, in an orderissued by the Board against such person, for the payment of civil charges forviolations in specific sums not to exceed the limit specified in subsection Aof § 10.1-603.14. Such civil charges shall be collected in lieu of anyappropriate civil penalty that could be imposed pursuant to subsection A of §10.1-603.14 and shall not be subject to the provisions of § 2.2-514. Suchcivil charges shall be paid into the state treasury and deposited by theState Treasurer into the Virginia Stormwater Management Fund establishedpursuant to § 10.1-603.4:1.
§ 10.1-603.2:1. Powers and duties of the Virginia Soil and Water ConservationBoard.
In addition to other powers and duties conferred upon the Board, it shallpermit, regulate, and control stormwater runoff in the Commonwealth. Inaccordance with the VSMP, the Board may issue, deny, revoke, terminate, oramend stormwater permits; adopt regulations; approve and periodically reviewlocal stormwater management programs and management programs developed inconjunction with a municipal separate storm sewer permit; enforce theprovisions of this article; and otherwise act to ensure the general health,safety and welfare of the citizens of the Commonwealth as well as protect thequality and quantity of state waters from the potential harm of unmanagedstormwater. The Board may:
1. Issue, deny, amend, revoke, terminate, and enforce permits for the controlof stormwater discharges from Municipal Separate Storm Sewer Systems and landdisturbing activities.
2. Delegate to the Department or to an approved locality any of the powersand duties vested in it by this article except the adoption and promulgationof regulations. Delegation shall not remove from the Board authority toenforce the provisions of this article.
3. Take administrative and legal actions to ensure compliance by permittees,any person subject to permit requirements under this article, and thoselocalities with an approved local stormwater management program andmanagement programs developed in conjunction with a municipal separate stormsewer system permit with the provisions of this article including the properenforcement and implementation of, and continual compliance with, thisarticle.
4. After notice and opportunity for a hearing by the Board, amend or revokeany permit issued by the permit issuing authority under this article on thefollowing grounds or for good cause as may be provided by the regulations ofthe Board:
a. The permittee or any person subject to permit requirements under thisarticle has violated any order or regulation of the Board, any condition of apermit, any provision of this article, any order of a court, or any order ofthe permit issuing authority, where such violation results in theunreasonable degradation of properties, water quality, stream channels, andother natural resources, or the violation is representative of a pattern ofserious or repeated violations including the disregard for or inability tocomply with applicable laws, regulations, permit conditions, orders, rules,or requirements;
b. The permittee or any person subject to permit requirements under thisarticle has failed to disclose fully all relevant material facts or hasmisrepresented a material fact in applying for a permit, or in any otherreport or document required under this law or under the regulations of theBoard;
c. The activity for which the permit was issued causes unreasonabledegradation of properties, water quality, stream channels, and other naturalresources; or
d. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofany discharge or land disturbing activity controlled by the permit necessaryto prevent unreasonable degradation of properties, water quality, streamchannels, and other natural resources.
5. Cause investigations and inspections, or delegate authority to do so, toensure compliance with any permits, conditions, policies, rules, regulations,rulings and orders which it may adopt, issue or establish and to furnishadvice, recommendations, or instructions for the purpose of obtaining suchcompliance.
6. Adopt rules governing the procedure of the permit issuing authority withrespect to: (i) hearings; (ii) the filing of reports; (iii) the issuance ofpermits and special orders; and (iv) all other matters relating to procedure;and to amend or cancel any rule adopted. Public notice of every rule adoptedunder this section shall be by such means as the permit issuing authority mayprescribe but must be consistent with the Administrative Process Act (§2.2-4000 et seq.).
7. Issue special orders to a permittee or any person subject to permitrequirements under this article (i) who is permitting or causing theunreasonable degradation of properties, water quality, stream channels, andother natural resources to cease and desist from such activities, (ii) whohas failed to construct facilities in accordance with final approved plansand specifications to construct such facilities, (iii) who has violated theterms and provisions of a permit issued by the permit issuing authority; tocomply with the provisions of the permit, this article and any decision ofthe permit issuing authority, the Department, or the Board, or (iv) who hasviolated the terms of an order issued by the court, the permit issuingauthority, the Department, or the Board: to comply with the terms of suchorder, and also to issue orders to require any permittee or any personsubject to permit requirements under this article to comply with theprovisions of this article and any decision of the Board.
Such special orders are to be issued only after a hearing with at least 30days' notice to the affected permittee or any person subject to permitrequirements under this article, of the time, place, and purpose thereof, andthey shall become effective not less than 15 days after the date of mailingby certified mail of the notice to the last known address of the permittee orany person subject to permit requirements under this article; provided thatif the Board finds that any such permittee or any person subject to permitrequirements under this article is grossly affecting or presents an imminentand substantial danger to (i) the public health, safety or welfare, or thehealth of animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,it may issue, without advance notice or hearing, an emergency special orderdirecting the permittee or any person subject to permit requirements underthis article to cease such pollution or discharge immediately, and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof to the permittee or any person subject to permitrequirements under this article, to affirm, modify, amend, or cancel suchemergency special order. If the permittee or any person subject to permitrequirements under this article who has been issued such a special order oran emergency special order is not complying with the terms thereof, the Boardmay proceed in accordance with § 10.1-603.14, and where the order is based ona finding of an imminent and substantial danger, the court shall issue aninjunction compelling compliance with the emergency special order pending ahearing by the Board. If an emergency special order requires cessation of adischarge, the Board shall provide an opportunity for a hearing within 48hours of the issuance of the injunction.
The provisions of this section notwithstanding, the Board may proceeddirectly under § 10.1-603.14 for any past violation or violations of anyprovision of this article or any regulation duly adopted hereunder.
With the consent of any permittee or any person subject to permitrequirements under this article who has violated or failed, neglected, orrefused to obey any regulation or order of the Board, any condition of apermit or any provision of this article, the Board may provide, in an orderissued by the Board against such person, for the payment of civil charges forviolations in specific sums not to exceed the limit specified in subsection Aof § 10.1-603.14. Such civil charges shall be collected in lieu of anyappropriate civil penalty that could be imposed pursuant to subsection A of §10.1-603.14 and shall not be subject to the provisions of § 2.2-514. Suchcivil charges shall be paid into the state treasury and deposited by theState Treasurer into the Virginia Stormwater Management Fund establishedpursuant to § 10.1-603.4:1.
§ 10.1-603.2:1. Powers and duties of the Virginia Soil and Water ConservationBoard.
In addition to other powers and duties conferred upon the Board, it shallpermit, regulate, and control stormwater runoff in the Commonwealth. Inaccordance with the VSMP, the Board may issue, deny, revoke, terminate, oramend stormwater permits; adopt regulations; approve and periodically reviewlocal stormwater management programs and management programs developed inconjunction with a municipal separate storm sewer permit; enforce theprovisions of this article; and otherwise act to ensure the general health,safety and welfare of the citizens of the Commonwealth as well as protect thequality and quantity of state waters from the potential harm of unmanagedstormwater. The Board may:
1. Issue, deny, amend, revoke, terminate, and enforce permits for the controlof stormwater discharges from Municipal Separate Storm Sewer Systems and landdisturbing activities.
2. Delegate to the Department or to an approved locality any of the powersand duties vested in it by this article except the adoption and promulgationof regulations. Delegation shall not remove from the Board authority toenforce the provisions of this article.
3. Take administrative and legal actions to ensure compliance by permittees,any person subject to permit requirements under this article, and thoselocalities with an approved local stormwater management program andmanagement programs developed in conjunction with a municipal separate stormsewer system permit with the provisions of this article including the properenforcement and implementation of, and continual compliance with, thisarticle.
4. After notice and opportunity for a hearing by the Board, amend or revokeany permit issued by the permit issuing authority under this article on thefollowing grounds or for good cause as may be provided by the regulations ofthe Board:
a. The permittee or any person subject to permit requirements under thisarticle has violated any order or regulation of the Board, any condition of apermit, any provision of this article, any order of a court, or any order ofthe permit issuing authority, where such violation results in theunreasonable degradation of properties, water quality, stream channels, andother natural resources, or the violation is representative of a pattern ofserious or repeated violations including the disregard for or inability tocomply with applicable laws, regulations, permit conditions, orders, rules,or requirements;
b. The permittee or any person subject to permit requirements under thisarticle has failed to disclose fully all relevant material facts or hasmisrepresented a material fact in applying for a permit, or in any otherreport or document required under this law or under the regulations of theBoard;
c. The activity for which the permit was issued causes unreasonabledegradation of properties, water quality, stream channels, and other naturalresources; or
d. There exists a material change in the basis on which the permit was issuedthat requires either a temporary or a permanent reduction or elimination ofany discharge or land disturbing activity controlled by the permit necessaryto prevent unreasonable degradation of properties, water quality, streamchannels, and other natural resources.
5. Cause investigations and inspections, or delegate authority to do so, toensure compliance with any permits, conditions, policies, rules, regulations,rulings and orders which it may adopt, issue or establish and to furnishadvice, recommendations, or instructions for the purpose of obtaining suchcompliance.
6. Adopt rules governing the procedure of the permit issuing authority withrespect to: (i) hearings; (ii) the filing of reports; (iii) the issuance ofpermits and special orders; and (iv) all other matters relating to procedure;and to amend or cancel any rule adopted. Public notice of every rule adoptedunder this section shall be by such means as the permit issuing authority mayprescribe but must be consistent with the Administrative Process Act (§2.2-4000 et seq.).
7. Issue special orders to a permittee or any person subject to permitrequirements under this article (i) who is permitting or causing theunreasonable degradation of properties, water quality, stream channels, andother natural resources to cease and desist from such activities, (ii) whohas failed to construct facilities in accordance with final approved plansand specifications to construct such facilities, (iii) who has violated theterms and provisions of a permit issued by the permit issuing authority; tocomply with the provisions of the permit, this article and any decision ofthe permit issuing authority, the Department, or the Board, or (iv) who hasviolated the terms of an order issued by the court, the permit issuingauthority, the Department, or the Board: to comply with the terms of suchorder, and also to issue orders to require any permittee or any personsubject to permit requirements under this article to comply with theprovisions of this article and any decision of the Board.
Such special orders are to be issued only after a hearing with at least 30days' notice to the affected permittee or any person subject to permitrequirements under this article, of the time, place, and purpose thereof, andthey shall become effective not less than 15 days after the date of mailingby certified mail of the notice to the last known address of the permittee orany person subject to permit requirements under this article; provided thatif the Board finds that any such permittee or any person subject to permitrequirements under this article is grossly affecting or presents an imminentand substantial danger to (i) the public health, safety or welfare, or thehealth of animals, fish or aquatic life; (ii) a public water supply; or (iii)recreational, commercial, industrial, agricultural or other reasonable uses,it may issue, without advance notice or hearing, an emergency special orderdirecting the permittee or any person subject to permit requirements underthis article to cease such pollution or discharge immediately, and shallprovide an opportunity for a hearing, after reasonable notice as to the timeand place thereof to the permittee or any person subject to permitrequirements under this article, to affirm, modify, amend, or cancel suchemergency special order. If the permittee or any person subject to permitrequirements under this article who has been issued such a special order oran emergency special order is not complying with the terms thereof, the Boardmay proceed in accordance with § 10.1-603.14, and where the order is based ona finding of an imminent and substantial danger, the court shall issue aninjunction compelling compliance with the emergency special order pending ahearing by the Board. If an emergency special order requires cessation of adischarge, the Board shall provide an opportunity for a hearing within 48hours of the issuance of the injunction.
The provisions of this section notwithstanding, the Board may proceeddirectly under § 10.1-603.14 for any past violation or violations of anyprovision of this article or any regulation duly adopted hereunder.
With the consent of any permittee or any person subject to permitrequirements under this article who has violated or failed, neglected, orrefused to obey any regulation or order of the Board, any condition of apermit or any provision of this article, the Board may provide, in an orderissued by the Board against such person, for the payment of civil charges forviolations in specific sums not to exceed the limit specified in subsection Aof § 10.1-603.14. Such civil charges shall be collected in lieu of anyappropriate civil penalty that could be imposed pursuant to subsection A of §10.1-603.14 and shall not be subject to the provisions of § 2.2-514. Suchcivil charges shall be paid into the state treasury and deposited by theState Treasurer into the Virginia Stormwater Management Fund establishedpursuant to § 10.1-603.4:1.
