Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part III - Virginia Erosion and Sediment Control Program
Article 3 - Programs Operated by a VESCP Authority
Section 9VAC25-875-340 - Enforcement

Universal Citation: 9 VA Admin Code 9VAC25-875-340

Current through Register Vol. 41, No. 3, September 23, 2024

A. Each VESCP authority shall incorporate components from subdivisions 1 and 2 of this subsection.

1. Informal and formal administrative enforcement procedures may include:
a. Right of entry in accordance § 62.1-44.15:60 of the Code of Virginia.

b. Verbal warnings and inspection reports;

c. Notices of corrective action;

d. Notices to comply in accordance with § 62.1-44.15:58 of the Code of Virginia;

e. Consent special orders and civil charges in accordance § 62.1-44.15:63 of the Code of Virginia;

f. Stop work orders in accordance with of § 62.1-44.15:58 of the Code of Virginia; and

g. Public notice and comment periods for proposed settlements and consent special orders.

2. Civil and judicial enforcement procedures may include:
a. Schedule of civil penalties in accordance with §§ 62.1-44.15:54 and 62.1-44.15:63 of the Code of Virginia; and

b. Injunctions in accordance §§ 62.1-44.15:58 and 62.1-44.15:63 of the Code of Virginia.

B. Each VESCP authority shall develop policies and procedures that outline the steps to be taken regarding enforcement actions under the ESCL and attendant regulations and local ordinances.

C. Penalties imposed in accordance with §§ 62.1-44.15:54 and 62.1-44.15:63 of the Code of Virginia may reflect the degree of harm caused by the violation and take into account the economic benefit to the violator from noncompliance.

D. Pursuant to § 62.1-44.15:25 of the Code of Virginia, authorization to administer a VESCP program shall not remove from the department the authority to enforce the provisions of the ESCL and attendant regulations.

E. The department may terminate permit coverage during the permit's term and require application for an individual permit or deny a permit renewal application for failure to comply with permit conditions or on the department's own initiative in accordance with the ESCL and this chapter.

F. Pursuant to § 62.1-44.15:63A of the Code of Virginia, civil penalties recovered by a VESCP authority shall be paid into the treasury of the locality in which the violation occurred and are to be used solely for stormwater management capital projects.

Statutory Authority: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.

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