28.2-1212 - Monitoring, inspections, compliance and restoration.
§ 28.2-1212. Monitoring, inspections, compliance and restoration.
A. The Commissioner may require permittees to implement monitoring andreporting procedures he believes are reasonably necessary to safeguard theproperty and interests of the Commonwealth protected by this chapter.
B. The Commissioner may require such on-site inspections as he believes arereasonably necessary to determine whether the measures required by the permitare being properly performed, or whether the provisions of this chapter arebeing violated. Prior to conducting such inspections, the Commissioner shallprovide notice to the resident owner, occupier or operator, who shall begiven an opportunity to accompany the site inspector. If it is determinedthat there is a failure to comply with the permit, the Commissioner shallserve notice upon the permittee at the address specified in his permitapplication or by delivery at the site of the permitted activities to theperson supervising those activities and designated in the permit to receivethe notice. The notice shall describe the measures needed for compliance andthe time within which these measures shall be completed. Failure of theperson to comply within the specified period is a violation of this section.
C. Upon receipt of a sworn complaint of a substantial violation of thischapter from the designated enforcement officer, the Commissioner may, inconjunction with or subsequent to a notice to comply as specified insubsection B of this section, issue an order requiring all or part of theactivities on the site to be stopped until the specified corrective measureshave been taken. In the case of an activity not authorized under this chapteror where the alleged permit noncompliance is causing, or is in imminentdanger of causing, significant harm to the subaqueous bottoms protected bythis chapter, the order may be issued without regard to whether the personhas been issued a notice to comply as specified in subsection B of thissection. Otherwise, the order may be issued only after the permittee hasfailed to comply with the notice to comply. The order shall be served in thesame manner as a notice to comply, and shall remain in effect for a period ofseven days from the date of service pending application by the Commissioner,permittee, resident owner, occupier, or operator for appropriate relief tothe circuit court of the jurisdiction where the violation was alleged to haveoccurred. Upon completion of corrective action, the order shall immediatelybe lifted.
D. Upon receipt of a sworn complaint of a substantial violation of thischapter from a designated enforcement officer, the Commission may order thatthe affected site be restored to its previous condition if the Commissionfinds that restoration is necessary to recover lost resources or to preventfurther damage to resources. The order shall specify the restorationnecessary and establish a reasonable time for its completion. The order shallbe issued only after a hearing with at least thirty days' notice to theaffected person of the hearing's time, place and purpose and shall becomeeffective immediately upon issuance by the Commission. The Commission shallrequire any scientific monitoring plan it believes is necessary to ensure thesuccessful restoration of subaqueous bottoms protected by this chapter andmay require that a prepaid contract acceptable to the Commission be in effectfor the purpose of carrying out the scientific monitoring plan. TheCommission may also require a reasonable bond or letter of credit in anamount and with surety and conditions satisfactory to it securing to theCommonwealth compliance with the conditions set forth in the restorationorder. The appropriate court, upon petition by the Commission, may enforceany such restoration order by injunction, mandamus, or other appropriateremedy. Failure to complete the required restoration is a violation of thischapter.
E. The duties of the Commissioner under this section may be delegated to hisrespective designee; however, the designee shall not be a designatedenforcement officer.
(1992, c. 836.)