§ 6-14. Enforcement.

(a)

If the Administrator determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by, but shall not be limited to, any of the following: verbal warnings and inspection reports, notices of violation, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.

(1)

The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (2) or the permit may be revoked by the Administrator.

(2)

If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed.

Such orders shall be issued in accordance with the Administrative Guidance Manual. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the county, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, she may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may revoke the permit and institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with subsection 6-14(c).

(b)

In addition to any other remedy provided by this chapter, if the Administrator determines that there is a failure to comply with the provisions of this chapter, she may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the Administrative Guidance Manual.

(c)

Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in Circuit Court of Gloucester County to obey the same and to comply therewith by injunction, mandamus or other appropriate remedy.

(d)

Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation. Each day of violation of each requirement shall constitute a separate offense.

(1)

Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following:

(i)

No state permit registration;

(ii)

No SWPPP;

(iii)

Incomplete SWPPP;

(iv)

SWPPP not available for review;

(v)

No approved erosion and sediment control plan;

(vi)

Failure to install stormwater BMPs or erosion and sediment controls;

(vii)

Stormwater BMPs or erosion and sediment controls improperly installed or maintained;

(viii)

Operational deficiencies;

(ix)

Failure to conduct required inspections;

(x)

Incomplete, improper, or missed inspections; and

(xi)

Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the general permit.

(2)

The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.

(3)

In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.

(4)

Any civil penalties assessed by a court as a result of a summons issued by the county shall be paid into the treasury of the county to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the county and abating environmental pollution therein in such manner as the court may, by order, direct.

(e)

Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a Class 1 misdemeanor punishable by confinement in jail for not more than 12 months, or a fine of not more than $2,500, or both.

(f)

Violation of any provision of this chapter may also result in the following sanctions:

(1)

The VSMP authority, where authorized to enforce Virginia Code § 62.1-44.15:24 et seq., may apply to the Circuit Court of Gloucester County to enjoin a violation or a threatened violation of the provisions of Virginia Code § 62.1-44.15:24 et seq. or of this chapter without the necessity of showing that an adequate remedy at law does not exist.

(2)

With the consent of any person who has violated or failed, neglected, or refused to obey any ordinance, any condition of a permit, any order of the VSMP authority, or any provision of Virginia Code § 62.1-44.15:24 et seq., the VSMP authority may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in this section. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under this section. Any civil charges collected shall be paid to the treasury of the county pursuant to subsection (d)(4). Charges collected shall be applied to environmental restoration.

(Ord. of 6-3-2014(1), § 1-14)

(Ord. of 6-3-2014(1), § 1-14)