Sec. 16.1-14. Monitoring, reports, and inspections.
(a) The program administrator or his designee shall provide for and/or conduct inspections at least once in every two-week period and within forty eight (48) hours following any runoff producing storm event of the land disturbing activity and may require monitoring and reports from the person responsible for carrying out the plan to assure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. The owner, occupier or operator shall be given an opportunity to accompany the inspector. If the administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by the chapter.
(b) Upon receipt of a sworn complaint of violation of this chapter, the program administrator or his designee either may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the circuit court of Lynchburg. If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the administrator or his designee may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures be stopped until an approved plan and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or 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 the jurisdiction wherein the violation was alleged to have occurred. Any person violating or failing, neglecting or refusing to obey an order issued by the chief administrative officer or his designee may be compelled in a proceeding instituted in the Lynchburg circuit court to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the administrator from taking any other action authorized by this chapter. (Ord. No. O-93-039, 2-9-93; Ord. No. O-01-080, 4-24-01, eff. 5-1-01; Ord. No. O-09-121, 10-13-09)
Last updated date: 10/15/2009 9:20:02 AM