10.1-566 - Monitoring, reports and inspections.
§ 10.1-566. Monitoring, reports and inspections.
A. The plan-approving authority or, if a permit is issued in connection withland-disturbing activities that involve the issuance of a grading, building,or other permit, the permit-issuing authority (i) shall provide for periodicinspections of the land-disturbing activity and require that an individualholding a certificate of competence, as provided by § 10.1-561, who will bein charge of and responsible for carrying out the land-disturbing activityand (ii) may require monitoring and reports from the person responsible forcarrying out the plan, to ensure compliance with the approved plan and todetermine whether the measures required in the plan are effective incontrolling erosion and sediment. However, any plan-approving authority maywaive the certificate of competence requirement for an agreement in lieu of aplan for construction of a single family residence. The owner, permittee, orperson responsible for carrying out the plan shall be given notice of theinspection. If the permit-issuing authority or plan-approving authoritydetermines that there is a failure to comply with the plan, notice shall beserved upon the permittee or person responsible for carrying out the plan byregistered or certified mail to the address specified in the permitapplication or in the plan certification, or by delivery at the site of theland-disturbing activities to the agent or employee supervising suchactivities. Where the plan-approving authority serves notice, a copy of thenotice shall also be sent to the issuer of the permit. The notice shallspecify the measures needed to comply with the plan and shall specify thetime within which such measures shall be completed. Upon failure to complywithin the time specified, the permit may be revoked and the permittee orperson responsible for carrying out the plan shall be deemed to be inviolation of this article and shall be subject to the penalties provided by §10.1-569.
B. Notwithstanding the above provisions of this section the following may beapplied:
1. Where a county, city, or town administers the local control program andthe permit-issuing authority and the plan-approving authority are not withinthe same local government department, the locality may designate onedepartment to inspect, monitor, report and ensure compliance. In the event adistrict has been designated as the plan-approving authority for all or someof the conservation plans, the enforcement of the program shall be with thelocal government department; however, the district may inspect, monitor andmake reports for the local government department.
2. Where a district adopts the local control program and permit-issuingauthorities have been established by a locality, the district by jointresolution with the appropriate locality may exercise the responsibilities ofthe permit-issuing authorities with respect to monitoring, reports,inspections and enforcement.
3. Where a permit-issuing authority has been established, and such authorityis not vested in an employee or officer of local government but in thecommissioner of revenue or some other person, the locality shall exercise theresponsibilities of the permit-issuing authority with respect to monitoring,reports, inspections and enforcement unless such responsibilities aretransferred as provided for in this section.
C. Upon receipt of a sworn complaint of a violation of this section, §10.1-563 or § 10.1-564 from the representative of the program authority orthe Board responsible for ensuring program compliance, the chiefadministrative officer, or his designee, of the program authority or theBoard may, in conjunction with or subsequent to a notice to comply asspecified in subsection A above, issue an order requiring that all or part ofthe land-disturbing activities permitted on the site be stopped until thespecified corrective measures have been taken or, if land-disturbingactivities have commenced without an approved plan as provided in § 10.1-563,requiring that all of the land-disturbing activities be stopped until anapproved plan or any required permits are obtained. Where the allegednoncompliance is causing or is in imminent danger of causing harmful erosionof lands or sediment deposition in waters within the watersheds of theCommonwealth, or where the land-disturbing activities have commenced withoutan approved plan or any required permits, such an order may be issued whetheror not the alleged violator has been issued a notice to comply as specifiedin subsection A above. Otherwise, such an order may be issued only after thealleged violator has failed to comply with a notice to comply. The ordershall be served in the same manner as a notice to comply, and shall remain ineffect for seven days from the date of service pending application by theenforcing authority or alleged violator for appropriate relief to the circuitcourt of the jurisdiction wherein the violation was alleged to have occurred.If the alleged violator has not obtained an approved plan or any requiredpermits within seven days from the date of service of the order, the chiefadministrative officer or his designee may issue an order to the ownerrequiring that all construction and other work on the site, other thancorrective measures, be stopped until an approved plan and any requiredpermits have been obtained. Such an order shall be served upon the owner byregistered or certified mail to the address specified in the permitapplication or the land records of the locality in which the site is located.The owner may appeal the issuance of an order to the circuit court of thejurisdiction wherein the violation was alleged to have occurred. Any personviolating or failing, neglecting or refusing to obey an order issued by thechief administrative officer or his designee may be compelled in a proceedinginstituted in the circuit court of the jurisdiction wherein the violation wasalleged to have occurred to obey same and to comply therewith by injunction,mandamus or other appropriate remedy. Upon completion and approval ofcorrective action or obtaining an approved plan or any required permits, theorder shall immediately be lifted. Nothing in this section shall prevent thechief administrative officer or his designee from taking any other actionspecified in § 10.1-569.
(1973, c. 486, § 21-89.8; 1986, c. 328; 1988, cc. 694, 891; 1992, c. 298;1993, c. 925; 2001, c. 490; 2003, c. 827.)