§ 8-32. Noncompliance with this article.

(a)

If the environmental engineer determines that the permit holder has not complied with this chapter, the erosion and sediment control plan or the land-disturbance permit, the environmental engineer shall serve a notice to comply on the permit holder by:

(1)

Delivering the notice to the owner, his designated agent and the responsible land disturber;

(2)

Mailing the notice by registered or certified mail, to the address which the owner specified for receiving notices in the land-disturbance permit application and the responsible land disturber; or

(3)

Delivering the notice to the designated agent, contractor who is supervising the land-disturbing activity, at the site where the land-disturbing activity is permitted, or the responsible land disturber.

(b)

The notice shall state the section of this chapter that has been violated and shall describe the measures that the permit holder must take to comply with this chapter. The notice shall also specify the date by which the permit holder shall comply with this chapter. Failure to comply within the time specified in the notice shall constitute a violation of this chapter and the permit holder shall be subject to land disturbance permit revocation and the penalties provided in this chapter.

(c)

If the permittee has not complied with this chapter within the time specified in the notice, then, in addition to the other actions permitted by this chapter, the environmental engineer may take measures to install ground cover or other temporary erosion and sediment control devices that are deemed necessary by the environmental engineer. The environmental engineer shall document all costs of any measures and shall notify the landowner, in writing, that the cost shall be a charge against the bond, letter of credit or cash escrow that is posted pursuant to this chapter.

(d)

If the environmental engineer notifies the county administrator of a substantial violation of this chapter, the county administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order in accordance with Code of Virginia, § 62.1-44.15:58(C) requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been undertaken. In issuing such stop work order, the land disturbance permit shall be revoked and, where applicable, all other county permits and inspections for that project shall be suspended. The stop work order shall also apply to sewer and water line construction. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county attorney or permit holder for appropriate relief to the circuit court of the county.

(e)

If land-disturbing activities commenced prior to the issuance of a land disturbance permit are causing, or are in imminent danger of causing, harmful erosion of lands or sediment deposition in waters within the watersheds of the state, the environmental engineer may take measures subsequent to a stop work order as provided in this chapter, to install any groundcover or other temporary erosion and sediment control devices deemed necessary. The environmental engineer shall document all costs of such measures and shall notify the landowner in writing of such costs. The landowner shall reimburse the county for such costs prior to the issuance of a land disturbance permit.

(f)

Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan and/or land disturbance permit, a stop work 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 the notice to comply.

(g)

Where the identified non-compliance has caused significant erosion of lands and sediment deposition in waters within watersheds of the county, or has adversely affected downstream properties, the environmental engineer shall hold the permit holder responsible for any restoration measures deemed necessary.

(h)

If land-disturbing activities have commenced without a land disturbance permit, the environmental engineer shall issue a notice of permit requirement and a stop work order for the immediate cessation all of land-disturbing activities. The issuance of such a stop work order shall also operate to suspend all other applicable county permits and inspections. In addition, civil penalties may be imposed in accordance with this chapter.

(Ord. of 4-9-14(3), § 1)

(Ord. of 4-9-14(3), § 1)