(a) Right of Entry.
(1) The Administrator or any duly authorized agent of the Administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the enforcement of this chapter.
(2) In accordance with a performance bond, the Administrator or any duly authorized agent of the Administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by the VSMP Authority Permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(b) Notice of Violations. If the Administrator determines that there is an illicit discharge or a failure to maintain a private stormwater management facility in conformance with this chapter, or determines that there is a failure to comply with the VSMP Authority Permit conditions, an unauthorized discharge, or any other violation of this chapter, informal and formal enforcement procedures shall be initiated upon the permittee or person responsible for carrying out the VSMP Authority Permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply.
(1) Written notices shall be served by registered or certified mail to the address specified in the VSMP Authority Permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.
A. The notice shall specify the measures needed to comply with the VSMP Authority 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 VSMP Authority Permit may be revoked by the Administrator.
B. 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 VSMP Authority Permit to cease all land-disturbing activities until the violation of the VSMP Authority Permit has ceased, or an approved plan and required VSMP Authority Permits are obtained, and specified corrective measures have been completed.
C. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to the last known address of the person as shown on the County's current real estate tax assessment records, 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, it 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 institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this section.
(c) Enforcement of Ordinance; Penalty.
(1) Criminal penalty. 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 VSMP Authority Permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than two thousand five hundred dollars ($2,500) nor more than thirty-two thousand five hundred dollars ($32,500), or both.
(2) Civil penalty.
A. Any person who, intentionally or otherwise, commits any of the acts prohibited by Section 1096.03
(a), fails to maintain a private stormwater management facility in conformance with this chapter, or is otherwise in violation of this chapter, shall be liable to the County for all costs of maintenance of such facility, and shall also be liable to the County for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the stormwater management system.
B. Without limiting the remedies that may be obtained under this section, 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 thirty-two thousand five hundred dollars ($32,500) for each violation within the discretion of the court. 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:
a. No VSMP General Permit registration;
b. No SWPPP;
c. Incomplete SWPPP;
d. SWPPP not available for review;
e. No approved erosion and sediment control plan;
f. Failure to install stormwater BMPs or erosion and sediment controls;
g. Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
h. Operational deficiencies;
i. Failure to conduct required inspections;
j. Incomplete, improper, or missed inspections; and
k. Discharges not in compliance with the requirements of Section 9 VAC 25-880-70 of the VSMP 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 Administrator shall be paid into the treasury of Loudoun County to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of Loudoun County and abating environmental pollution therein in such manner as the court may, by order, direct.
C. The County may petition the Circuit Court to enjoin a violation or a threatened violation of this chapter without the necessity of showing that an adequate remedy at law does not exist.
D. In lieu of Section 1096.04
(b)(2)B., above, with the consent of any person who has violated or failed, neglected or refused to obey the provisions of this chapter, the County may provide, in an order issued by the Administrator against such person, for the payment of civil charges for violations, in specific sums, not to exceed the limit specified in Section 1096.04
(b)(2)B., above. Such civil charges shall be in lieu of any appropriate civil penalty, which could be imposed under Section 1096.04
(b)(2)B.
E. Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action that one or more of the remedies set forth in this section has been sought or granted.
(Ord. 14-06. Passed 5-21-14.)