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§ 153.13 APPEALS.
   (A)   Final decisions of the town under this chapter shall be subject to appeal to the County Circuit Court, provided that an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land disturbing activities.
   (B)   The burden shall be upon the party complaining of town action to designate and demonstrate an error subject to review by the court. Allegations of error may be based upon: accordance with constitutional right, power, privilege, or immunity; compliance with statutory authority, jurisdiction limitations, or right as provided in the Act, the stated objectives for which regulations may be made, and the factual showing respecting violations or entitlement in connection with case decisions; observance of required procedure where any failure therein is not mere harmless error; and the substantiality of the evidentiary support for findings of fact. The determination of the substantiality of the evidence shall be made upon the whole evidentiary record provided by the town and the court shall determine whether there was substantial evidence in the town’s record to support its decision.
   (C)   The court shall take due account of the presumption of official regularity, the experience and specialized competence of the town, and the purposes of the Act.
   (D)   The court may dismiss the appeal, order the town to take any nondiscretionary action that the town has withheld, or remand the matter to the town for further proceedings as the court may permit or direct in accordance with law. The court shall not itself undertake to supply town action committed by the Act to the town.
(1998 Code, § 18-63)
§ 153.14 ENFORCEMENT.
   (A)   If the Administrator determines that there is a failure to comply with the VSMP authority permit conditions or an agreement in lieu of a stormwater management plan or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports; 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 division (B) below 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.
      (3)   Such orders shall be issued in accordance with local procedures, if adopted. In the absence of local procedures, such orders shall provide sufficient information for the recipient(s) to understand and comply with the order. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his or her address specified in the land records of the locality, 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 state 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 division (C) below.
   (B)   In addition to any other remedy provided by this chapter, if the Administrator or his or her designee determines that there is a failure to comply with the provisions of this chapter, he or she may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the public interest.
   (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 County Circuit Court by the locality to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy.
(1998 Code, § 18-64) Penalty, see § 153.99
§ 153.15 PERFORMANCE BOND.
   Prior to issuance of any permit, the Administrator may require a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the local government attorney, to ensure that measures could be taken by the town at the applicant’s expense should he or she fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him or her by the permit conditions as a result of his or her land disturbing activity. If the town takes such action upon such failure by the applicant, the locality may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.
(1998 Code, § 18-65)
§ 153.16 FEES.
   All incomplete payments will be deemed as nonpayments. The town shall provide notification to the state applicant of any incomplete payments.
(1998 Code, § 18-66) (Ord. O-2015-01, passed 1-6-2015)
§ 153.99 PENALTY.
   (A)   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 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 division (A)(1) shall include but not be limited to the following:
         (a)   No state 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 4 VAC § 50-60-1170 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 division (A), 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 locality shall be paid into the treasury of the town to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.
   (B)   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 misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, or both.
(1998 Code, § 18-64)