28.2-1417 - Monitoring, inspections, compliance, and restoration.
§ 28.2-1417. Monitoring, inspections, compliance, and restoration.
A. The Commissioner or board chairman may require a permittee to implementmonitoring and reporting procedures they believe are reasonably necessary toensure compliance with the provisions of the permit and this chapter.
B. The Commissioner or board chairman may require such on-site inspections ashe believes are reasonably necessary to determine whether the measuresrequired by the permit are being properly performed, or whether theprovisions of this chapter are being violated. Prior to conducting suchinspections, the Commissioner or board chairman shall provide notice to theresident owner, occupier, or operator, who shall be given an opportunity toaccompany the site inspector. If it is determined that there is a failure tocomply with the permit, the Commissioner or board chairman shall serve noticeupon the permittee at the address specified in his permit application or bydelivery at the site of the permitted activities to the person supervisingthe activities and designated in the permit to receive the notice. The noticeshall describe the measures needed for compliance and the time within whichthese measures shall be completed. Failure of the person to comply withinthe 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 or boardchairman may, in conjunction with or subsequent to a notice to comply asspecified in subsection B of this section, issue an order requiring all orpart of the activities on the site to be stopped until the specifiedcorrective measures have been taken. In the case of an activity notauthorized under this chapter or where the alleged permit noncompliance iscausing, or is in imminent danger of causing, significant harm to the coastalprimary sand dunes protected by this chapter, the order may be issued withoutregard to whether the person has been issued a notice to comply pursuant tosubsection B of this section. Otherwise, the order may be issued only afterthe permittee has failed to comply with the notice to comply. The order shallbe served in the same manner as a notice to comply, and shall remain ineffect for a period of seven days from the date of service pendingapplication by the enforcing authority, permittee, resident owner, occupier,or operator for appropriate relief to the circuit court of the jurisdictionwherein the violation was alleged to have occurred. Upon completion ofcorrective action, the order shall immediately be lifted. Nothing in thissection shall prevent the Commissioner or board chairman from taking anyother action specified in § 28.2-1416.
D. Upon receipt of a sworn complaint of a substantial violation of thischapter from a designated enforcement officer, the Commission or a wetlandsboard may order that the affected site be restored to predevelopmentconditions if the Commission or board finds that restoration is necessary torecover lost resources or to prevent further damage to resources. The ordershall specify the restoration necessary and establish a reasonable time forits completion. The order shall be issued only after a hearing with at leastthirty days' notice to the affected person of the hearing's time, place, andpurpose, and shall become effective immediately upon issuance by theCommission or board. The Commission or board shall require any scientificmonitoring plan they believe is necessary to ensure the successfulreestablishment of coastal primary sand dunes protected by this chapter andmay require that a prepaid contract acceptable to the Commission or board bein effect for the purpose of carrying out the scientific monitoring plan.The Commission or board may also require a reasonable bond or letter ofcredit in an amount and with surety and conditions satisfactory to itsecuring to the Commonwealth compliance with the conditions set forth in therestoration order. The appropriate court, upon petition by the Commission orboard, may enforce any such restoration order by injunction, mandamus, orother appropriate remedy. Failure to complete the required restoration is aviolation of this chapter.
E. The duties of the Commissioner or the board chairman under this sectionmay be delegated to their respective designees; however, these designeesshall not be designated enforcement officers.
(1992, c. 836.)