SB 1376 — Stormwater management and erosion and sediment control; agreement in lieu of plan.

"Stormwater management plan" means a document containing material describing methods for complying with the requirements of a VSMP.

Lof 20 "Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the E Board that is established by a VESCP authority pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources.

The VESCP shall include, where applicable, such items as local ordinances, evaluationrules, consistentpolicies withand theguidelines, requirementstechnical ofmaterials, Articleand 2.4requirements (§for 62.1-44.15:51plan etreview, seq.)., inspection, and "Virginiaevaluation Erosionconsistent andwith Sediment Control Program authority" or "VESCP authority" means a locality that is approved by the Boardrequirements toof operate a Virginia Erosion and Sediment Control Program in accordance with Article 2.4 (§ 62.1-44.15:51 et seq.).

Only"Virginia aErosion localityand forSediment whichControl theProgram DepartmentSauthority" administeredor "VESCP authority" means a Virginialocality Stormwaterthat Managementis Programapproved asby ofthe JulyBoard 1,to 2017,operate isa authorizedVirginia toErosion choo1eand toSediment operateControl aProgram VESCPin pursuantaccordance towith Article 2.4 (§ 62.1-44.15:51 et seq.).

7Only "Virginia Erosion and Stormwater Management Program" or "VESMP" means a programlocality established E by a VESMP authority for which the effectiveDepartment controladministered ofa soilVirginia erosionStormwater andManagement sedimentProgram depositionas and the R management of theJuly quality1, and2017, quantityis ofauthorized runoffto resultingchoose from land-disturbing activities to preventoperate thea unreasonableVESCP degradationpursuant ofto properties,Article stream2.4 channels,(§ waters,62.1-44.15:51 andet otherseq.). natural resources.

The"Virginia land-disturbanceErosion approvals,and policiesStormwater andManagement guidelines,Program" technicalor materials,"VESMP" andmeans requirementsa program established by a VESMP authority for planthe review,effective inspection,control of soil erosion and enforcementsediment consistentdeposition withand the requirementsmanagement of thisthe article.quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources.

The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent with the requirements of this article.

"Virginia Stormwater Management Program" or "VSMP" means a program established by the Board pursuant to § 62.1-44.15:27.1 on behalf of a locality on or after July 1, 2014, to manage the quality and quantity of runoff resulting from any land-disturbing activity that (i) disturbs one acre or more of land thator results(ii) indisturbs less than one acre or more of land disturbance.rtand is part of a larger common plan of development or sale "Virginiathat Stormwaterresults Managementin Programone authority"acre or "VSMPmore authority" means the Board when administering a VSMP on behalf of aland localitydisturbance. that, pursuant to subdivision B 3 of § 62.1-44.15:27, has chosen not to adopt and administer a VESMP.

"Virginia Stormwater Management Program authority" or "VSMP authority" means the Board when administering a VSMP on behalf of a locality that, pursuant to subdivision B 3 of § 62.1-44.15:27, has chosen not to adopt and administer a VESMP.

"Watershed" means a defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet.

Establish minimum design criteria for measures to control nonpoint source pollution and localized flooding, and incorporate the stormwater management regulations adopted pursuant to the Erosion and Sediment Control Law (§ 62.1-44.15:51 et seq.), as they relate to the prevention of stream channel erosion.

of 21 3.

The fee schedule shall be governed of 20 by the following:

However, such standards shall also apply to land-disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay of 21 Preservation Area Designation and Management Regulations;

Establish a procedure by which a stormwater management plan that is approved for a resideEtial,residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners;

N 8.

Notwithstanding the provisions of subdivision 5, establish a procedure by which neither aRa registration statement nor payment of the Department's portion of the statewide permit fee established pursuant to that subdivision shall not be required for coverage under the General Permit for Discharges of Stormwater from Construction Activities for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale;

L 9.

As used in this subEivisionsubdivision and any regulations or guidance adopted pursuant to this subdivision, "certification" means a determination by the Department that a proprietary best management practice is approved for use in accordance with this article;

Require that VSMPs maintain after-development runoff rate of flow and characteristics that replicate, as nearly as practicable, the existing predevelopment runoff characteristics and site hydrology, of 20 or improve upon the contributing share of the existing predevelopment runoff characteristics and siteology,site hydrology if stream channel erosion or localized flooding is an existing predevelopment condition.

Except where more stringent requirements are necessary to address total maximum daily load requirements or to protect exceptional state waters, any land-disturbing activity that providesSforprovides for stormwater management shall satisfy the conditions of this subsection if the practices are desi1neddesigned to (i) detain the water quality volume and to release it over 48 hours;

(ii) detain and release over a724-houra 24-hour period the expected rainfall resulting from the one year, 24-hour storm;

and (iii) reduce the aElowableallowable peak flow rate resulting from the 1.5-year, two-year, and 10-year, 24-hour storms to a level thRtthat is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocityromvelocity the requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this section or any ordinances adopted pursuant to § 62.1-44.15:27 or 62.1-44.15:33;

Establish procedures to be followed when a locality that operates a VSMP wishes to transfer adm14.administration of the VSMP to the Department;

14.

Require that all final plan elements, specifications, or calculations whose preparation requires a signedlicense andunder sealedChapter by4 a(§ professional54.1-400 whoet isseq.) licensedor to22 engage(§ in54.1-2200 practiceet inseq.) theof Commonwealth.opriatelyTitle Nothing54.1 inbe thisappropriately subdivisionsigned shalland authorizesealed anyby persona professional who is licensed to engage in practice outsidein histhe areaCommonwealth. of professional competence;

Nothing in this subdivision shall authorize any person to engage in practice outside his area of professional competence;

The Board may integrate and consolidate components of the regulations implementing the Erosion and Sediment Control program and the Chesapeake Bay Preservation Area Designation and Management program with the regulations governing the Virginia Stormwater Management Program (VSMP) Permit program or repeal components so that these programs may be implemented in a consolidated manner that provides greater consistency, understanding, and efficiency for those regulated by and administering a VSMP.

of 21 § 62.1-44.15:28.

of 20 4.

In establishing the fee schedule under this subdivision, the Department shall ensure that the of 21 VESMP authority portion of the statewide fee for coverage under the General Permit for Discharges of Stormwater from Construction Activities for small construction activity involving a single-famiEysingle-family detached residential structure with a site or area, within or outside a common plan of development or sale, that is equal to or greater than one acre but less than five acres shall be no greater than the VESMP authority portion of the fee for coverage of sites or areas with a land-disturbance acreaReacreage of less than one acre within a common plan of development or sale;

associatedd. with processing such payments may be additionally assessed;ards, business transactioO costs e.

NotwithstandingWhen theany otherfees provisionsare ofcollected this subdivision 9, establish a procedure by which neither a registration statement nor payment of the Department's portion of the statewide fee established pursuant to this subdivisionsection 9by shallcredit notcards, bebusiness requiredtransaction forcosts coverageassociated underwith theprocessing Generalsuch Permitpayments formay Lbe Dischargesadditionally ofassessed; Stormwater from Construction Activities for construction activity involving a sinEle-family detached residential structure, within or outside a common plan of development or sale;

e.

Notwithstanding the other provisions of this subdivision 9, establish a procedure by which neither a registration statement nor payment of the Department's portion of the statewide fee established pursuant to this subdivision 9 shall not be required for coverage under the General Permit for Discharges of Stormwater from Construction Activities for construction activity involving a single-family detached residential structure, within or outside a common plan of development or sale;

Establish a procedure by which a registration statement shall not be required for coverage under the General Permit for Discharges of Stormwater from Construction Activities for a small construction activity involving a single-family detached residential structure, within or outside a common plan of dev10.development or sale;

10.

Establish a procedure by which a soil erosion control and stormwater management plan or stormwater management plan that is approved for a residential, commercial, or industrial subdivSsionsubdivision shall govern the development of the individual parcels, including those parcels developed under1under subsequent owners;

7of 20 12.

Provide for the certification and use of a proprietary best management practice only if Enotheranother state, regional, or national program has verified its nutrient or sediment removal effectivenesReffectiveness and all of such program's established test protocol requirements were met or exceeded.

As used in this subdivision and any regulations or guidance adopted pursuant to this subdivision, "certification" means a accordancedetermination withby thisthe article;ntDepartment that a proprietary best management practice is approved for use in 13.accordance with this article;

13.

Except where more stringent requirements are necessary to address total maximum daily load requirements or to protect exceptional state waters, any land-disturbing activity that was subject to the water quantity requirements that were in effect pursuant to this article prior to July 1, 2014, shall be deemed to satisfy the conditions of this subsection if the practices are designed to (i) detain the water volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project and to release it over 48 hours;

Any land-disturbing activity that complies with these requirements shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in any regulations promulgated pursuant to this section or any ordinances adopted pursuant to § 6b.62.1-44.15:27 or 62.1-44.15:33;

b.

17.

Establish a statewide permit fee schedule for stormwater management related to MS4 permits;

of 21 19.

A VESMP authority that is implementing its program pursuant to subsection A of § 62.1-44.15:27 of 20 or subdivision B 1 of § 62.1-44.15:27 shall determine the completeness of any application within 15 days after receipt, and shall act on any application within 60 days after it has been determined by the VESMP authority to be complete.

of 21 b.

The Board shall not approve a soil erosion control and stormwater management plan submitted by a state agency or federal entity for a project involving a land-disturbing activity in one locaEitylocality with a local program with more stringent ordinances than those of the state program, unless the plan is consistent with the requirements of the local program.

N c.

If onsite changes occur, the state agency or federal entity shall submit an amended soil Rrosionerosion control and stormwater management plan to the Department.

complianced. with the approved plan.

AsThe necessary,state agency or federal entity responsible for the Boardland-disturbing activity shall provideensure projectcompliance oversightwith andsOrethe enforcement.approved plan.

LAs 4.necessary, the Board shall provide project oversight and enforcement.

Prior4. to issuance of any land-disturbance approval, the VESMP authority may also require an applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangementEacceptable to the VESMP authority, to ensure that measures could be taken by the VESMP authority at the applicant's expense should he fail, after proper notice, within the time specified to comply with the conditions imposed by the VESMP authority as a result of his land-disturbing activity.

IfPrior to issuance of any land-disturbance approval, the VESMP authority takesmay suchalso actionrequire uponan applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such failureother legal arrangement acceptable to the VESMP authority, to ensure that measures could be taken by the applicant,VESMP authority at the applicant's expense should he fail, after proper notice, within the time specified to comply with the conditions imposed by the VESMP authority mayas collecta fromresult of thehis securityland-disturbing held.activity.

If the VESMP authority takes such action upon such failure by the applicant, the VESMP authority may collect from the applicant the difference should the amount of the reasonable cost of such action exceed the amount of the security held.

The VESMP authority may require changes to an approved soil erosion control and stormwateSstormwater management plan in the following cases:

1 1.

Where inspection has revealed that the plan is inadequate to satisfy applicable regulatio7sregulations or ordinances;

or E 2.

Where the owner finds that because of changed circumstances or for other reasons the planRcannotplan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this article, are agreed to by the VESMP authority and the owner.

controlC. and stormwater management plan for any land identified as an erosion impact area by thesion VESMP authority.

In order to prevent further erosion, a VESMP authority may require approval of a soil erosion control and stormwater management plan for any land identified as an erosion impact area by the of 20 VESMP authority.

Any land-disturbing activity that (i) disturbs one acre or more of land or (ii) disturbs less than one acre of land and is part of a larger common plan of development or sale that results in one acre or greater of land disturbance may, in accordance with regulations adopted by the Board, be required to obtain permit coverage.

This subdivision shall also apply to additions or modifications to existing single-family detached residential strb.structures.

b.

Soil erosion control and water quantity and water quality technical criteria shall apply to any land-disturbing activity that disturbs 2,500 square feet or more of land, other than a single-family regulatorydetached thresholdresidential tostructure. a smaller area of disturbed land.

However, the governing body of any affected locality may reduce this regulatory threshold to a smaller area of disturbed land.

of 21 b.

however, any associated land that is of 20 disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto;

of 21 "Applicant" means any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land-disturbing activities to cEmmence.commence.

"Certified inspector" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after R enrollment.

"Certified plan reviewer" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after L enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in § 54.1-2200.

E "Certified program administrator" means an employee or agent of a VESCP authority who (i) holds a certificate of competence from the Board in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one year after enrollment.

"Department" means the Department of Environmental Quality.

"District" or "soil and water conservation district" means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter 5 of Title 10.1.

S "Erosion and sediment control plan" or "plan" means a document containing material for the 1 conservation of soil and water resources of a unit or group of units of land.

It may include ap7ropriateappropriate maps, an appropriate soil and water plan inventory and management information with needed E interpretations, and a record of decisions contributing to conservation treatment.

The plan shaRlshall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives.

"Erosion impact area" means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters.

of 20 "Land-disturbing activity" means any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the land,Commonwealth, exceptincluding, thatbut thenot termlimited shallto, notclearing, include:clearing, grading, excavating, transporting, and filling of 1.land, except that the term shall not include:

1.

conducted5. pursuant to Title 45.2;ining operations and projects, or oil and gas operations and projects 6.

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2;

6.

Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other rel8.related structures and facilities of a railroad company;

Agricultural8. engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of of 21 the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;

Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the provisions of the Dam Safety Act (§ 10.1-604 et seq.), ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;

"Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment of 20 deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations.

"Applicant" means any person submitting an erosion and sediment control plan for approval in order of 21 to obtain authorization for land-disturbing activities to commence.

"Certified inspector" means an employee or agent of a VESCP authority who (i) holds a certifEcationcertification from the Board in the area of project inspection or (ii) is enrolled in the Board's training program for project inspection and successfully completes such program within one year after enrollment.

N "Certified plan reviewer" means an employee or agent of a VESCP authority who (i) holds a R certification from the Board in the area of plan review, (ii) is enrolled in the Board's training program for plan review and successfully completes such program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1, or professional soil scientist as defined in § 54.1-2200.

"Certified program administrator" means an employee or agent of a VESCP authority who (i) holds a certification from the Board in the area of program administration or (ii) is enrolled in the Board's training program for program administration and successfully completes such program within one Eearyear after enrollment.

D "Director" means the Director of the Department of Environmental Quality.

"District" or "soil and water conservation district" means a political subdivision of the 5Commonwealth oforganized Title 10.1.anized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of Chapter "Erosion and sediment control plan" or "plan" means a document containing material for the conservation of soilTitle and10.1. water resources of a unit or group of units of land.

It"Erosion mayand includesediment appropriatecontrol maps,plan" anor appropriate"plan" soilmeans anda waterdocument plancontaining inventorymaterial andfor managementthe informationconservation withof neededsoil Sand interpretations,water andresources of a recordunit ofor decisionsgroup contributingof tounits conservationof treatment.land.

TheIt planmay sha1linclude containappropriate allmaps, majoran conservationappropriate decisionssoil toand ensurewater thatplan theinventory entireand unitmanagement orinformation unitswith ofneeded landinterpretations, willand bea sorecord tre7tedof todecisions achievecontributing theto conservation objectives.treatment.

EThe "Erosionplan impactshall area"contain meansall anmajor areaconservation ofdecisions landto ensure that isthe notentire associatedunit withor aunits currentof land-distuRbingland activitywill butbe isso subjecttreated to persistentachieve soil erosion resulting in the deliveryconservation ofobjectives. sediment onto neighboring properties or into state waters.

This"Erosion definitionimpact shallarea" notmeans applyan toarea any lot or parcel of land of 10,000 action or other coastal processes.ential purposes or to shorelines where the erosion results from wave "Farm building or structure" means the same as that term is definednot inassociated §with 36-97a andcurrent alsoland-disturbing includesactivity anybut buildingis orsubject structureto usedpersistent forsoil agritourismerosion activity,resulting as defined in §the 3.2-6400,delivery andof anysediment relatedonto imperviousneighboring surfacesproperties includingor roads,into driveways,state andwaters. parking areas.

This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes.

"Farm building or structure" means the same as that term is defined in § 36-97 and also includes any building or structure used for agritourism activity, as defined in § 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas.

"Natural channel design concepts" means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain.

storm event within its banks and "Owner" means the same as provided in § 62.1-44.3.

For a land-disturbing activity that is regulated under this article, "owner" also includes the owner or owners of the freehold of the premises or lesser of 20 estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property.

"Person" means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, orcity, statetown, entityor asother applicable,political anysubdivision interstateof body,the orCommonwealth, anygovernmental otherbody, legal entity.ody, including a federal "Runoffor volume"state meansentity theas volumeapplicable, ofany waterinterstate thatbody, runsor offany theother landlegal developmententity. project from a prescribed storm event.

"Runoff volume" means the volume of water that runs off the land development project from a prescribed storm event.

"Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and nonagricultural runoff associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of this article.

of 21 "Virginia Erosion and Sediment Control Program authority" or "VESCP authority" means a locality approved by the Board to operate a Virginia Erosion and Sediment Control Program.

Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in of 20 revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this article.

Electric, natural gas, and telephone utility companies, interstate and intrastate natural gas pipeline companies, and railroad companies shall, and authorities created pursuant to § 15.2-5102 may, file of 21 general erosion and sediment control standards and specifications annually with the Department for review and approval.

Such standards and specifications shall be consistent with the requirementErequirements of this article and associated regulations and the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and associated regulations where applicable.

N 1.

Construction, installation, or maintenance of electric transmission, natural gas, and telRphonetelephone utility lines and pipelines, and water and sewer lines;

and structures2. and facilities of the railroad company.ridges, communication facilities, and other rOlated The Department shall have 60 days in which to approve the standards and specifications.

Construction of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of the railroad company.

The Department shall have 60 days in which to approve the standards and specifications.

Projects not included in subdivisions 1 and 2 shall comply with thEthe requirements of the appropriate VESCP.

mitigationE. or stream restoration bank or banks, which have been approved and are operated in wetland accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of (i) wetlands mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, Sr the U.S.

ArmyAny Corpsperson ofengaging, Engineers,in ormore (ii)than aone streamjurisdiction, restorationin projectthe forcreation purposesand operation of reducing1nutrientsa wetland mitigation or sedimentstream enteringrestoration statebank watersor may,banks, atwhich thehave optionbeen ofapproved thatand person,are fileoperated generalin erosionaccordance with applicable federal and s7dimentstate controlguidance, standardslaws, andor specificationsregulations for wetlandthe establishment, use, and operation of (i) wetlands mitigation or stream restoration banksbanks, annuallEpursuant withto a mitigation banking instrument signed by the Department forof reviewEnvironmental andQuality, approvalthe consistentMarine withResources guidelinesCommission, establishedor by the Board.U.S.

RArmy TheCorps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters may, at the option of that person, file general erosion and sediment control standards and specifications for wetland mitigation or stream restoration banks annually with the Department shallfor havereview 60and daysapproval inconsistent whichwith toguidelines approveestablished by the specifications.Board.

The Department shall have 60 days in which to approve the specifications.

Individual approval of separate projects under this subsection is not necessary when approved specifications are implemented through a project-specific erosion and sediment control plan.

In order to prevent further erosion, a VESCP authority may require approval of an erosion and sedG.sediment control plan for any land identified by the VESCP authority as an erosion impact area.

G.

Where Virginia Pollutant Discharge Elimination of 20 System permit coverage is required, a VESCP authority shall be required to obtain evidence of such coverage from the Department's online reporting system prior to approving the erosion and sediment control plan.

writtenB. approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board's regulations and if the person responsible for carrying out the of 21 plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article.

The VESCP authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if it determines that the plan meets the requirements of this article and the Board's regulations and if the person responsible for carrying out the plan certifies that he will properly perform the erosion and sediment control measures included in the plan and shall comply with the provisions of this article.

agricultural of 20 engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation;

Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources of 21 Commission, or the United States Army Corps of Engineers;

however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulationEregulations adopted pursuant thereto;

In sRchsuch situations, the VESMP authority shall be advised of the disturbance within seven days of commencing requiredthe withinland-disturbing 30activity, daysand ofcompliance commencingwith the land-disturbingadministrative activity;e requirements of subsectionOAsubsection A is 11.required within 30 days of commencing the land-disturbing activity;

11.

E § 62.1-44.15:58.

D A.

The VESCP authority (i) shall provide for periodic inspections of the land-disturbing activity and require that an individual holding a certificate of competence, as provided by § 62.1-44.15:52, who will be in charge of and responsible for carrying out the land-disturbing activity and (ii) may require monitoring and reports from the person responsible for carrying out the erosion and sediment control plan, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment.

However, any VESCP authority may waive the certificate of competence requirement for an agreement in lieu of a plan for construction oSof a single-family residence.

The owner, permittee, or person responsible for carrying out the plan 1hallshall be given notice of the inspection.

If the VESCP authority, where authorized to enforce this articl7,article, or the Department determines that there is a failure to comply with the plan following an inspection, Eoticenotice shall be served upon the permittee or person responsible for carrying out the plan by mailing wRthwith confirmation of delivery to the address specified in the permit application or in the plan certification, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such timeactivities. within which such measures shall be completed.

UponThe failurenotice toshall complyspecify within the timemeasures specified,eneeded theto permitcomply maywith bethe revokedplan and theshall VESCPspecify authority, where authorized to enforce this article, the Department,time orwithin thewhich Boardsuch maymeasures pursueshall enforcementbe ascompleted. provided by § 62.1-44.15:63.

Upon failure to comply within the time specified, the permit may be revoked and the VESCP authority, where authorized to enforce this article, the Department, or the Board may pursue enforcement as provided by § 62.1-44.15:63.

Upon issuance of an inspection report denoting a violation of this section, § 62.1-44.15:55 or 62.1-44.15:56, in conjunction with or subsequent to a notice to comply as specified in subsection A, a VESCP authority, where authorized to enforce this article, or the Department may issue an orderonorder A, a requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken or, if land-disturbing activities have commenced without an approved plan as provided in § 62.1-44.15:55, requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.

Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved erosion and sediment control plan or any required permits, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection noticeA. to comply.

TheOtherwise, ordersuch foran noncomplianceorder withmay a plan shall be servedissued inonly theafter same manner as ath a notice to comply, and shall remain in effect for seven days from the date of service pending application by the VESCP authority, the Department, or alleged violator forhas appropriatefailed relief to thecomply circuitwith courta ofnotice the jurisdiction wherein the violation was alleged to havecomply. occurred or other appropriate court.

The order for disturbancenoncompliance withoutwith ana approved plan or permits shall be served uponin the ownersame bymanner mailingas witha confirmationnotice of delivery to thecomply, addressand specifiedshall remain in theeffect landfor recordsseven ofdays from the locality,date shallof beservice postedpending onapplication by the siteVESCP whereauthority, the disturbanceDepartment, isor occurring,alleged andviolator shallfor remainappropriate inrelief effectto untilthe suchcircuit timecourt asof permitsthe andjurisdiction planwherein approvalsthe areviolation secured,was exceptalleged into suchhave situationsoccurred whereor another agriculturalappropriate exemptioncourt. applies.

IfThe theorder allegedfor violatordisturbance haswithout not obtained an approved erosion and sediment control plan or anypermits requiredshall permitbe withinserved sevenupon daysthe fromowner theby datemailing with of service20 confirmation of thedelivery order,to the Departmentaddress orspecified in the chiefland administrativerecords requiringof thatthe alllocality, constructionshall andbe otherposted work on the site,site otherwhere thanthe correctivedisturbance measures,is beoccurring, stoppedand shall remain in effect until ansuch approvedtime erosionas permits and sedimentplan controlapprovals planare andsecured, anyexcept requiredin permitssuch havesituations beenwhere obtained.an agricultural exemption applies.

TheIf ofthe 21alleged subsequentviolator orderhas shallnot beobtained servedan uponapproved theerosion ownerand bysediment mailingcontrol withplan confirmationor ofany deliveryrequired topermit within seven days from the addressdate specifiedof inservice of the permitorder, applicationthe Department or the landchief recordsadministrative officer or his designee on behalf of the localityVESCP inauthority whichmay issue a subsequent order to the siteowner isrequiring located.that all construction and other work on the site, other than corrective measures, be stopped until an approved erosion and sediment control plan and any required permits have been obtained.

The subsequent order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the permit application or the land records of the locality in which the site is located.

Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved erosion of 20 and sediment control plan, such a stop work order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection A.

The order for noncompliance with a plan shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the VESCP authority, the of 21 Board, or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court.

The stop work order for distErbancedisturbance without an approved plan shall be served upon the owner by mailing with confirmation of deliverNdelivery to the address specified in the land records of the locality, shall be posted on the site where the disturbance is occurring, and shall remain in effect until such time as plan approvals are secured, except in suchrbancesuch situations where an agricultural exemption applies.

If the alleged violator has not obtained an approved erosion and sediment control plan within seven days from the date of service of the stop work oOder,order, the Board or the chief administrative officer or his designee on behalf of the VESCP authority may Lssueissue a subsequent order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved erosion and sediment control plan has been obtained.

The subsequent order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the plan or the land records of the locality in which the site is located.EThelocated. owner may appeal the issuance of any order to the circuit court of the jurisdiction wherein the violaDion was refusing to obey an order issued by the Board or the chief administrative officer or his designee on behalf of the VESCP authority may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy.

UponThe completionowner andmay Nothingappeal inthe thisissuance sectionof shallany preventorder theto Board or the chiefcircuit administrativecourt officerof orthe hisjurisdiction designeewherein onthe behalfviolation ofwas thealleged VESCPto authorityhave fromoccurred takingor any other actionappropriate specifiedcourt. in § 62.1-44.15:63.

SAny 6person Rviolating or failing, neglecting, or refusing to obey an order issued by the Board or the chief administrative officer or his designee on behalf of the VESCP authority may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy.

Upon completion and approval of corrective action or obtaining an approved plan, the order shall immediately be lifted.

Nothing in this section shall prevent the Board or the chief administrative officer or his designee on behalf of the VESCP authority from taking any other action specified in § 62.1-44.15:63.