A. After April 1, 1997, upon receiving a complaint, unless the complaint wasmade anonymously, the Commissioner shall request that the directors of thedistrict where the land lies determine the validity of the information within21 days. The Commissioner may investigate or ask the directors of thedistrict to investigate an anonymous complaint.
B. The district chairman may, on behalf of the district, act upon or rejectthe Commissioner's request. If the district declines to act, it shall withinfive days so advise the Commissioner, who shall determine the validity of thecomplaint.
C. If, after investigating a complaint, the Commissioner determines thatsubstantial evidence exists to prove that an agricultural activity iscreating or will create pollution, the Commissioner shall notify the owner oroperator by registered mail, return receipt requested. If, afterinvestigation, the Commissioner determines that the pollution is a directresult of unusual weather events or other exceptional circumstances thatcould not have been reasonably anticipated, or determines that the pollutionis not a threat to human health, animal health, or aquatic life, waterquality or recreational or other beneficial uses, the Commissioner may foregoany additional action. Copies of the notice shall be sent to the districtwhere the agricultural activity is located. The notice shall state that,within 60 days of the receipt of the notice, the owner or operator shallsubmit to the Commissioner and district an agricultural stewardship plan thatincludes stewardship measures needed to prevent or cease the pollution. Thedistrict shall review the plan and, if the plan includes such measures, theCommissioner shall approve the plan within 30 days after he receives it. Uponapproving the owner's or operator's plan, the Commissioner shall inform theowner or operator and the complainant that a plan has been approved. Theowner or operator shall begin implementing the approved agriculturalstewardship plan within six months of the date that the owner or operatorreceived the notice that the agricultural activity is creating or will createpollution.
D. The plan shall include an implementation schedule, and implementation ofthe plan shall be completed within a period specified by the Commissioner,based upon the seasons and other temporal considerations so that the periodis that during which the possibility of success in establishment orconstruction of the measures required in the plan is the greatest, whichshall not exceed 18 months from receipt of notice. The Commissioner may grantan extension of up to 180 days if: (i) a hardship exists; and (ii) therequest for an extension was made not later than 60 days before the scheduledcompletion date. The Commissioner shall, within 30 days of receiving therequest, inform the owner or operator whether or not an extension has beengranted.
E. After implementing the approved plan according to the provisions of thischapter, the owner or operator shall maintain the stewardship measuresestablished pursuant to the plan. The owner or operator may change theagricultural activity so long as the Commissioner is notified.
F. If the Commissioner determines that substantial evidence does not exist toprove that an agricultural activity is creating or will create pollution orthat any pollution was caused by unusual weather events or other exceptionalcircumstances or that the pollution is not a threat to human health, animalhealth, or aquatic life or recreational or other beneficial uses, he shallinform the complainant and the owner or operator of his determination. Uponapproving the owner's or operator's agricultural stewardship plan, theCommissioner shall inform the owner or operator and the complainant that aplan has been approved.
(1996, c. 773, § 10.1-559.3; 2000, c. 973; 2008, c. 860.)
A. After April 1, 1997, upon receiving a complaint, unless the complaint wasmade anonymously, the Commissioner shall request that the directors of thedistrict where the land lies determine the validity of the information within21 days. The Commissioner may investigate or ask the directors of thedistrict to investigate an anonymous complaint.
B. The district chairman may, on behalf of the district, act upon or rejectthe Commissioner's request. If the district declines to act, it shall withinfive days so advise the Commissioner, who shall determine the validity of thecomplaint.
C. If, after investigating a complaint, the Commissioner determines thatsubstantial evidence exists to prove that an agricultural activity iscreating or will create pollution, the Commissioner shall notify the owner oroperator by registered mail, return receipt requested. If, afterinvestigation, the Commissioner determines that the pollution is a directresult of unusual weather events or other exceptional circumstances thatcould not have been reasonably anticipated, or determines that the pollutionis not a threat to human health, animal health, or aquatic life, waterquality or recreational or other beneficial uses, the Commissioner may foregoany additional action. Copies of the notice shall be sent to the districtwhere the agricultural activity is located. The notice shall state that,within 60 days of the receipt of the notice, the owner or operator shallsubmit to the Commissioner and district an agricultural stewardship plan thatincludes stewardship measures needed to prevent or cease the pollution. Thedistrict shall review the plan and, if the plan includes such measures, theCommissioner shall approve the plan within 30 days after he receives it. Uponapproving the owner's or operator's plan, the Commissioner shall inform theowner or operator and the complainant that a plan has been approved. Theowner or operator shall begin implementing the approved agriculturalstewardship plan within six months of the date that the owner or operatorreceived the notice that the agricultural activity is creating or will createpollution.
D. The plan shall include an implementation schedule, and implementation ofthe plan shall be completed within a period specified by the Commissioner,based upon the seasons and other temporal considerations so that the periodis that during which the possibility of success in establishment orconstruction of the measures required in the plan is the greatest, whichshall not exceed 18 months from receipt of notice. The Commissioner may grantan extension of up to 180 days if: (i) a hardship exists; and (ii) therequest for an extension was made not later than 60 days before the scheduledcompletion date. The Commissioner shall, within 30 days of receiving therequest, inform the owner or operator whether or not an extension has beengranted.
E. After implementing the approved plan according to the provisions of thischapter, the owner or operator shall maintain the stewardship measuresestablished pursuant to the plan. The owner or operator may change theagricultural activity so long as the Commissioner is notified.
F. If the Commissioner determines that substantial evidence does not exist toprove that an agricultural activity is creating or will create pollution orthat any pollution was caused by unusual weather events or other exceptionalcircumstances or that the pollution is not a threat to human health, animalhealth, or aquatic life or recreational or other beneficial uses, he shallinform the complainant and the owner or operator of his determination. Uponapproving the owner's or operator's agricultural stewardship plan, theCommissioner shall inform the owner or operator and the complainant that aplan has been approved.
(1996, c. 773, § 10.1-559.3; 2000, c. 973; 2008, c. 860.)
A. After April 1, 1997, upon receiving a complaint, unless the complaint wasmade anonymously, the Commissioner shall request that the directors of thedistrict where the land lies determine the validity of the information within21 days. The Commissioner may investigate or ask the directors of thedistrict to investigate an anonymous complaint.
B. The district chairman may, on behalf of the district, act upon or rejectthe Commissioner's request. If the district declines to act, it shall withinfive days so advise the Commissioner, who shall determine the validity of thecomplaint.
C. If, after investigating a complaint, the Commissioner determines thatsubstantial evidence exists to prove that an agricultural activity iscreating or will create pollution, the Commissioner shall notify the owner oroperator by registered mail, return receipt requested. If, afterinvestigation, the Commissioner determines that the pollution is a directresult of unusual weather events or other exceptional circumstances thatcould not have been reasonably anticipated, or determines that the pollutionis not a threat to human health, animal health, or aquatic life, waterquality or recreational or other beneficial uses, the Commissioner may foregoany additional action. Copies of the notice shall be sent to the districtwhere the agricultural activity is located. The notice shall state that,within 60 days of the receipt of the notice, the owner or operator shallsubmit to the Commissioner and district an agricultural stewardship plan thatincludes stewardship measures needed to prevent or cease the pollution. Thedistrict shall review the plan and, if the plan includes such measures, theCommissioner shall approve the plan within 30 days after he receives it. Uponapproving the owner's or operator's plan, the Commissioner shall inform theowner or operator and the complainant that a plan has been approved. Theowner or operator shall begin implementing the approved agriculturalstewardship plan within six months of the date that the owner or operatorreceived the notice that the agricultural activity is creating or will createpollution.
D. The plan shall include an implementation schedule, and implementation ofthe plan shall be completed within a period specified by the Commissioner,based upon the seasons and other temporal considerations so that the periodis that during which the possibility of success in establishment orconstruction of the measures required in the plan is the greatest, whichshall not exceed 18 months from receipt of notice. The Commissioner may grantan extension of up to 180 days if: (i) a hardship exists; and (ii) therequest for an extension was made not later than 60 days before the scheduledcompletion date. The Commissioner shall, within 30 days of receiving therequest, inform the owner or operator whether or not an extension has beengranted.
E. After implementing the approved plan according to the provisions of thischapter, the owner or operator shall maintain the stewardship measuresestablished pursuant to the plan. The owner or operator may change theagricultural activity so long as the Commissioner is notified.
F. If the Commissioner determines that substantial evidence does not exist toprove that an agricultural activity is creating or will create pollution orthat any pollution was caused by unusual weather events or other exceptionalcircumstances or that the pollution is not a threat to human health, animalhealth, or aquatic life or recreational or other beneficial uses, he shallinform the complainant and the owner or operator of his determination. Uponapproving the owner's or operator's agricultural stewardship plan, theCommissioner shall inform the owner or operator and the complainant that aplan has been approved.
(1996, c. 773, § 10.1-559.3; 2000, c. 973; 2008, c. 860.)
