3.2-403 - Issuance of corrective orders.
§ 3.2-403. Issuance of corrective orders.
A. If any owner or operator who has been issued a notice under § 3.2-402fails to submit an agricultural stewardship plan, begin actively implementingthe plan, complete implementation of the plan, or maintain the stewardshipmeasures as provided in § 3.2-402, the Commissioner shall issue a correctiveorder to such owner or operator. The order shall require that such activitybe accomplished within a stated period of time.
B. A corrective order issued pursuant to subsection A shall be issued onlyafter an informal fact-finding conference, with reasonable notice being givento the owner or operator, or both, of the time, place, and purpose thereof,and shall become effective not less than five days after date of delivery tothe last known address as provided in subsection C. The corrective ordershall be suspended pending appeal by the recipient made within five daysafter delivery of such order to the last known address of the owner oroperator.
C. The Commissioner shall mail a copy of the corrective order by certifiedmail, return receipt requested, sent to the last known address of the owneror operator, or by personal delivery by an agent of the Commonwealth.
D. Notwithstanding other provisions of this chapter, if the Commissionerdetermines that a recurring polluting condition that is the subject of anapproved plan is occurring or that an emergency condition exists due torunoff from an agricultural activity that is causing or is likely to cause animminent or substantial danger to: (i) the public health, safety, or welfareor to the health of animals, fish, or aquatic life; (ii) a public watersupply; or (iii) recreational, commercial, industrial, agricultural, or otherbeneficial uses, the Commissioner may issue, without advance notice, informalfact-finding conference, or hearing, an emergency corrective order. Suchorder may direct the owner or operator of the agricultural activity, or both,to cease immediately all or part of the agricultural activity and toimplement specified stewardship measures or any necessary emergency measureswithin a stated period of time. Following the issuance of an emergencycorrective order, the Commissioner shall provide the opportunity for ahearing or an informal fact-finding conference, after reasonable notice as tothe time and place thereof, to the owner or operator, for the purpose ofaffirming, modifying, amending, or canceling the emergency corrective order.
E. The Commissioner shall not issue a corrective order to any land owner oroperator if the person is:
1. Actively implementing the agricultural stewardship plan that has beenreviewed by the district where the agricultural activity is located andapproved by the Commissioner, or
2. Actively implementing stewardship measures that have failed to preventpollution, if the Commissioner determines that the pollution is a directresult of unusual weather events or other exceptional circumstances thatcould not have been reasonably anticipated.
(1996, c. 773, § 10.1-559.4; 2000, c. 973; 2008, c. 860.)