§ 8-34. Penalty for violation of this article.

(a)

A civil penalty in the amount listed on the schedule below may be assessed against the owner of the property, unless otherwise specified in this subsection, for a violation of each of the following offenses:

(i)

Commencement of land-disturbing activity prior to the issuance of a land disturbance permit as provided in section 8-19(a) shall be a fine of $1,000.00.

(ii)

Vegetative measures: failure to comply with minimum standards 1, 2, 3 and 5 shall be a fine of $100.00.

(iii)

Structural measures: failure to comply with minimum standards 4, 6, 10, 11, 15, and 17 shall be a fine of $100.00.

(iv)

Watercourse measurers: failure to comply with minimum standards 12, 13 and 15 shall be a fine of $100.00.

(v)

Slope stabilization/protective measures: failure to comply with minimum standards 7, 8 and 9 shall be a fine of $100.00.

(vi)

Underground utility measures: failure to comply with minimum standard 16(a), (b), (c), and/or (d) shall be a fine of $100.00.

(vii)

Erosion control standards and specifications: failure to comply with any standards and specifications contained in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook shall be a fine of $100.00.

(viii)

Dust control: failure to comply with the standard and specification 3.39 relating to dust control shall be a fine of $100.00.

(ix)

Failure of the person responsible for carrying out the plan to provide the name of an individual holding a certificate of competence, as provided by Code of Virginia, § 62.1-44.15:15, who will be in charge of and responsible for carrying out the land-disturbing activity shall be a fine of $100.00.

(x)

Certified responsible land disturber: failure of the certified responsible land disturber to fulfill any responsibilities provided for in this chapter shall be a fine of $100.00.

(xi)

Failure to obey a stop work order shall be a fine of $100.00.

(xii)

Failure to stop work when a permit is revoked shall be a fine of $100.00.

(xiii)

Failure to comply with the provisions of the approved forest management plan shall be a fine of $100.00.

(xiv)

Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00, except that a series of violations arising from the commencement of land-disturbing activities without a land disturbance permit for any site shall not result in civil penalties which exceed a total of $10,000.00. The assessment of civil penalties according to this schedule shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer and shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a).

(xv)

Any civil penalties assessed in accordance with subsection (b) shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county.

(b)

The environmental engineer shall prepare an erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. Such notice shall contain the following information:

(i)

The name and address of the person charged.

(ii)

The nature of the violation and minimum standards and specifications that are not being met.

(iii)

The location and dates that the violation occurred or was observed.

(iv)

The amount of the civil penalty established for the violation.

(v)

The manner, location, and time that the civil penalty may be paid to the county.

(vi)

A statement that it is the right of the recipient of the notice to elect to stand trial for the infraction and the date of such trial.

(c)

The environmental engineer or his designee, after consulting with the environmental engineer, shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the civil violation summons, without issuing the notice to comply provided for in section 8-32. However, the notice of civil violation shall be served without issuing the notice to comply only in circumstances where the owner or his designated agent has demonstrated an unwillingness to comply with the environmental engineer's verbal instruction to comply given to the owner or agent. The notice of civil violation shall be served in the same manner described in section 8-32.

(d)

Should a civil violation summons be issued as provided in this chapter, it shall provide that any person issued the summons may, within five working days of receipt of the summons, elect to pay the civil penalty by making an appearance in person or by certified mail to the county treasurer's office and, by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose.

(e)

If a person charged with a civil violation summons does not elect to enter a waiver of trial and admit liability, the environmental engineer shall cause the sheriff's department to serve the summons on the owner or permittee.

(f)

Failure to pay the civil penalty, or to contest the violation, within the time period prescribed herein, shall result in the immediate issuance of a stop work order and the revocation of the permit.

(g)

The environmental engineer may apply to the circuit court of the county to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there is no adequate remedy at law.

(h)

Any person who violates any provision of this chapter may be civilly liable to the county for damages incurred by the county that result from the violation.

(i)

If a person who has violated any condition of a land-disturbance permit and the environmental engineer agree, the environmental engineer may issue an order to the person to pay a specific civil fine not to exceed $2,000.00 for a violation. Such civil fine shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer. The fine shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. If such a civil fine is imposed, no civil penalty may be imposed pursuant to subsection (a).

(j)

The county attorney shall take legal action to enforce the provisions of this chapter when the environmental engineer requests him to do so and when there is probable cause to believe that a violation has occurred.

(k)

Without limiting the remedies which may be obtained in this section any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, at the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county, except where the violator is the county itself, or its agency, the court shall direct the penalty to be paid in the state treasury of the state.

(Ord. of 4-9-14(3), § 1)

(Ord. of 4-9-14(3), § 1)