AN ORDINANCE TO RE-CODIFY CHAPTER 30, ARTICLE V, SECTIONS 30-141 THROUGH SECTION 30-158, TO REPEAL THE STORMWATER MANAGEMENT PROGRAM FROM THE COMBINED EROSION AND SEDIMENT CONTROL ACT WITH STORMWATER MANAGEMENT PROGRAM, IN THE CODE OF WASHINGTON COUNTY, VIRGINIA WHEREAS, Pursuant to § of the Code of Virginia, this Ordinance is adopted to repeal and remove the Stormwater Management Program from Washington County Code; WHEREAS, Pursuant to § Code of Virginia, Washington County has chosen to relinquish the Virginia Stormwater Program oversight to Department of Environmental Quality; WHEREAS; Pursuant to § Code of Viriginia, Washington County Erosion and Sediment Control Administrator(s) shall oversee and enforce the Erosion and Sediment Control program; WHEREAS, Chapter 30, Article V, shall be re-codified to reflect the removal of the Stormwater Management Program; NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Washington County, Virginia, after notice of public hearing, as required by law, and finding it in the best interest of the public health, safety, and welfare, the Code of the County of Washington, Virginia (2002) as amended, Chapter 30 Article V shall be recodified as set forth below subject to the following terms and conditions: 1. That if any section of provision in this Ordinance be decided to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity or constitutionality of any other section or provision of this Ordinance or the Washington County, Virginia Code; 2. That the Ordinance shall become effective September 31, 2025; 3. That Chapter 30, Article V is recodified, as set forth below. CHAPTER 30 ARTICLE V SECTIONS 30-141-30-158 SECTION 30-141: TITLE, PURPOSE, AND AUTHORITY This Ordinance shall be known as the “Erosion and Sediment Control Ordinance of Washington County, Virginia”. The purpose of this Ordinance is to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources of Washington County, Virginia by establishing requirements for the effective control of soil erosion, sediment deposition and non-agricultural runoff by establishing procedures whereby these requirements shall be administered and enforced. This Ordinance is authorized by § 62.1-44.15:54 of the Code of Virginia. Page 1 of 14 Section 130-142. DEFINITIONS The following words and terms, when used in this ordinance, shall have the following meanings, unless the context clearly indicates otherwise. “Agreement in lieu of a plan” means a contract between Washington County Erosion and Sediment Control Program Administrator and the owner that specifies conservation measures that must be implemented to comply with the requirements of this ordinance for the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent; this contract may be executed by the Erosion and Sediment Control Program Administrator in lieu of formal site plan. “Applicant” means any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence. “Board” means the State Water Control Board. “Certified inspector for ESC” means an employee or agent of Washington County who (i) holds a certificate of competence from the department in the area of project inspection or (ii) is enrolled in the department’s training program for project inspection and successfully completes such program within one year after enrollment. “Certified plan reviewer for ESC” means an employee or agent of Washington County who (i) holds a certificate of competence from the department in the area of plan review, (ii) is enrolled in the department’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 of the Code of Virginia, or professional soil scientist as defined in § 54.1-2200. “Certified program administrator for ESC” means an employee or agent of Washington County who holds a certification from the department in the classification of program administrator or (ii) is enrolled in the department’s training program for program administration and successfully completes such program within one year after enrollment. “Clearing” means any activity which removes the vegetative ground cover including, root mat removal or topsoil removal. (Optional or local definition may be used.) “County” means the County of Washington, Virginia. “Department” means the Virginia Department of Environmental Quality. “District” or “Soil and Water Conservation District” refers to the Washington County Soil and Water Conservation District. “Erosion and sediment control plan” or “plan” means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. Page 2 of 14 “Erosion impact area” means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes. “Farm building or structure” means the same as that term is defined in § 36-97 of the Code of Virginia and also includes any building or structure used for agritourism activity, as defined in § 3.26400, and any related impervious surfaces including roads, driveways, and parking areas. “Excavating” means any digging, scooping or other methods of removing earth materials. (Optional or local definition.) “Filling” means any depositing or stockpiling of earth materials. (Optional or local definition.) “Grading” means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. “Land disturbance” or “land-disturbing activity” means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land. “Land-disturbing permit or approval” means a permit or an approval allowing a land-disturbing activity to commence issued by [VESCP authority] after the requirements of § 62.1-44.15:55 of the Code of Virginia have been met. “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. “Owner” means the same as provided in § 62.1-44.3 of the Code of Virginia. For a land-disturbing activity that is regulated under Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia and this ordinance, “owner” also includes the owner or owners of the freehold of the premises or lesser 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. “Peak flow rate” means the maximum instantaneous flow from a prescribed design storm at a particular location. “Percent impervious” means the impervious area within the site divided by the area of the site multiplied by 100. “Permittee” means the person to whom the permit is issued. “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity. “Responsible Land Disturber” or “RLD” means an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the Page 3 of 14 approved erosion and sediment control plan. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan or permit as defined in the Virginia Erosion and Stormwater Management Regulation (9VAC25-875) as a prerequisite for engaging in land disturbance. The RLD must be designated on the erosion and sediment control plan or permit as defined in this ordinance as a prerequisite for engaging in land disturbance. “Runoff volume” means the volume of water that runs off the land development project from a prescribed storm event. “Single-family detached residential structure” means a noncommercial dwelling that is occupied exclusively by one family. “State waters” means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. “Transporting” means any moving of earth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. (Optional or local definition.) “Town” means the incorporated town of [locality]. (If applicable.) “Virginia Erosion and Sediment Control Program” or “VESCP” means a program approved by the department that is 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 the Erosion and Sediment Control Law (ESCL). “Virginia Erosion and Sediment Control Program authority” or “VESCP authority,” for purposes of this ordinance means [locality] that has been approved by the department to operate a Virginia Erosion and Sediment Control Program in accordance with Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1, the State Water Control Law, of Title 62.1 of the Code of Virginia. “VESCP plan-approving authority” means the [local department or position title in locality] responsible for determining the adequacy of a plan submitted for land-disturbing activities on a unit or units of lands and for approving plans. “VPDES Permit” means a General VPDES (Virginia Pollutant Discharge Elimination System) Permit for Discharges of Stormwater from Construction Activities, 9VAC25-880, issued by the department pursuant to § 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity. (Optional or local definition.) Section 30-143. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM Pursuant to § 62.1-44.15:54 of the Code of Virginia, the Building and Services Erosion and Sediment Control Program Administrator hereby establishes a Virginia Erosion and Sediment Control Program (VESCP) and adopts the regulations promulgated by the Board (for Page 4 of 14 the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources). In accordance with § 62.1-44.15:52 of the Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i) detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5, 2, and 10-year, 24-hour storms to a level that 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 velocity requirements for natural or man-made channels. A. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified 9VAC25-875-600, unless such land-disturbing activities are in accordance with the grandfathering provisions of 9VAC25-875-490. B. Pursuant to § 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer for ESC. Inspections of land- disturbing activities shall be conducted by a certified inspector for ESC. The Erosion and Sediment Control Program of [locality] shall contain a certified program administrator for ESC, a certified plan reviewer for ESC, and a certified inspector for ESC (who may be the same person.) C. The [locality] hereby designates Erosion and Sediment Control Program Administrator as the VESCP plan- approving authority. D. The program and regulations provided for in this ordinance shall be made available for public inspection at the office of Building and General Services. Section 30-144 REGULATED LAND-DISTURBING ACTIVITIES A. Land-disturbing activities that meet one of the criteria below are regulated as follows: 1. [Land-disturbing activity that disturbs 10,000 square feet or more, is less than one acre, not in an area of a locality designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of the Virginia Erosion and Stormwater Management Regulation (Regulation).] Section 30-145 ACTIVITIES NOT REQUIRED TO COMPLY WITH THE EROSION AND SEDIMENT CONTROL PLAN A. Notwithstanding any other provisions of the Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program Page 5 of 14 (ESCL), the following activities are not required to comply with the ESCL unless otherwise required by federal law: 1. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work; 2. Installation, maintenance, or repair of any individual service connection; 3. Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land- disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced; 4. Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; 5. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia; 6. Clearing of lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops; livestock feedlot operations; agricultural 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; or as additionally set forth by the board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163 of the Code of Virginia; 7. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 8. Shoreline erosion control projects on waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Virginia Marine Resources 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 the Erosion and Sediment Control Program and the regulations adopted pursuant thereto; 9. Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESCP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and Page 6 of 14 compliance with the administrative requirements of subsections 1.6, 1.7 and 1.8 of this ordinance are required within 30 days of commencing the land-disturbing activity; 10. Discharges to a sanitary sewer or a combined sewer system that are not from a land- disturbing activity; and 11. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company. Section 30-146 SUBMISSION AND APPROVAL OF PLANS; CONTENTS OF PLANS A. Except as provided herein, no person may engage in any regulated land-disturbing activity until he or she has submitted to the Erosion and Sediment Control Plan Administrator an erosion and sediment control plan for the regulated land-disturbing activity and such plan has been approved by the Erosion and Sediment Control Program Administrator. No approval to begin a land disturbing activity will be issued unless evidence of permit coverage is obtained where it is required. Where the land-disturbing activity results from the construction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the Erosion and Sediment Control Program Administrator. B. The standards contained within the “Virginia Erosion and Stormwater Management Regulation (9VAC25-875)” and the Virginia Stormwater Management Handbook, as amended and Washington County Code are to be used by the applicant when making a submittal under the provisions of this ordinance and in the preparation of an erosion and sediment control plan. The Erosion and Sediment Control Plan Administrator, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the Virginia Erosion and Stormwater Management Regulation shall take precedence. C. The Erosion and Sediment Control Plan Administrator shall review erosion and sediment control plans submitted to it and grant written approval within 60 days of the receipt of the plan if Administrator determines that the plan meets the requirements of the Erosion and Sediment Control Law for Localities not Administering a Virginia Erosion and Stormwater Management Program and 9VAC25-875, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will comply with the provisions of this ordinance. In addition, as a prerequisite to engaging in the landdisturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of the responsible land disturber to the Erosion and Sediment Control Program Administrator, as required by 9VAC25-875-300 and 9VAC25-875-550 , who will be in charge of and responsible for carrying out the landdisturbing activity. Failure to provide the name of the responsible land disturber, prior Page 7 of 14 to engaging in land-disturbing activities may result in 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 ordinance. However, the Erosion and Sediment Control Plan Administrator may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan for construction of a single-family detached residential structure. If a violation occurs during the land-disturbing activity associated with the construction of the single-family detached residential structure, then the person responsible for carrying out the agreement in lieu of a plan shall correct the violation and provide the name of the responsible land disturber to the Erosion and Sediment Control Plan Administrator. Failure to provide the name of the responsible land disturber shall be a violation of this ordinance. D. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. E. The Erosion and Sediment Control Plan Administrator shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate. F. The Erosion and Sediment Control Plan Administrator may require changes to an approved plan when: 1. The inspection reveals that the plan is inadequate to satisfy applicable regulations; or 2. The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the Erosion and Sediment Control Program Administrator and the person responsible for carrying out the plans. G. Variances: The Erosion and Sediment Control Program Administrator may waive or modify any of the standards that are deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions: 1. At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the Erosion and Sediment Control Program Administrator shall be documented in the plan. 2. During construction, the person responsible for implementing the approved plan may request a variance in writing from the Erosion and Sediment Control Program Administrator. The Erosion and Sediment Control Program Administrator shall respond in writing either approving or disapproving such a request. If the Erosion Page 8 of 14 and Sediment Control Program Administrator does not approve a variance within 10 days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. 3. The Erosion and Sediment Control Program Administrator shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage. H. In order to prevent further erosion, Washington County may require approval of a plan for any land identified in the local program as an erosion impact area. I. J. When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. As an alternative to submitting soil erosion control and stormwater management plans pursuant to § 62.1-44.15:34 of the Code of Virginia to the Erosion and Sediment Control Program Administrator, any person engaging in more than one jurisdiction in the creation and operation of a wetland mitigation or stream restoration bank that has been approved and is operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of (i) a wetlands mitigation or stream restoration bank, pursuant to a mitigation banking instrument signed by the Department, the Marine Resources Commission, or the U.S. Army Corps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. Section 30-147. EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLANS A. An erosion and sediment control plan shall be filed for a development and the buildings constructed within, regardless of the phasing of construction. The erosion and sediment control plan shall be consistent with the criteria, techniques, and methods in 9VAC25- 875-560. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives in 9VAC25-875-560. The erosion and sediment control plan may include: 1. Appropriate maps; 2. An appropriate soil and water plan inventory and management information with needed interpretations; and 3. A record of decisions contributing to conservation treatment. Page 9 of 14 B. The person responsible for carrying out the plan shall provide the name of an individual who will be in charge of and responsible for carrying out the land- disturbing activity to the Erosion and Sediment Control Program Administrator. C. If individual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan [or an “Agreement in Lieu of a Plan” signed by the property owner] based upon Erosion and Sediment Control Program Administration recommendation. D. Land-disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA, ESCL, or this ordinance if the total land-disturbing activity in the development is equal to or greater than 10,000 square feet. Section 30-148 PERMITS; FEES; SECURITY FOR PERFORMANCE A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities shall not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will be followed and evidence of VPDES permit coverage where it is required. B. No person may engage in any land-disturbing activity until he or she has acquired a land- disturbing permit (unless the proposed land-disturbing activity is specifically exempt from the provisions of this ordinance), has paid the fees and has posted the required bond. C. An administrative fee of [amount, fee schedule, or reference to local ordinance] shall be paid to Washington County at the time of submission of the erosion and sediment control plan. D. No land-disturbing permit shall be issued until the applicant submits with his or her application an approved erosion and sediment control plan [or agreement in lieu of an approved erosion and sediment control plan] and certification that the plan will be followed. E. All applicants for permits shall provide to Washington County a performance bond with surety, cash escrow, or an irrevocable letter of credit acceptable to the Erosion and Sediment Control Program Administrator based upon surety bond chart to ensure that measures could be taken by Washington County at the applicant’s expense should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation measures required of him or her by the approved plan as a result of his land-disturbing activity. The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price Page 10 of 14 for new public or private sector construction in Washington County and a reasonable allowance for estimated administrative costs and inflation which shall not exceed twenty- five percent of the cost of the conservation action. Should it be necessary for the Washington County to take such conservation action, Washington County may collect from the applicant any costs in excess of the amount of the surety held. Within sixty (60) days of adequate stabilization, as determined by the Erosion and Sediment Control Program Administrator in any project or section of a project, such bond, cash escrow or letter of credit, or the unexpended or unobligated portion thereof, shall be either refunded to the applicant or terminated, based upon the percentage of stabilization accomplished in the project or project section. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. Section 30-149. MONITORING, REPORTS, AND INSPECTIONS A. The responsible land disturber, as provided by § 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The person responsible for carrying out the plan shall monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. B. The Erosion and Sediment Control Program Administrator shall periodically inspect the land-disturbing activity in accordance with adopted alternate inspection program to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection and shall such inspection in accordance with § 62.1-44.15:60 and the landdisturbing permit. If the Erosion and Sediment Control Program Administrator determines that there is a failure to comply with the plan, notice to comply may be served upon the permittee or person responsible for carrying out the plan. Such notice shall be served by delivery by facsimile, e-mail, or other technology; by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, if available, or in the land records of the locality; or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice to comply shall specify the measures needed to comply with the land- disturbance approval conditions or shall identify the plan approval or land-disturbance approval needed to comply with this article and shall specify a reasonable time within which such measures shall be completed. Upon failure to comply within the specified time, any plan approval or land-disturbance approval may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this ordinance. Page 11 of 14 C. Upon issuance of an inspection report denoting a violation of § 62.1-44.15:55 of the Code of Virginia, the [position title] may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of the land- disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land-disturbing activities have commenced without an approved plan, the [position title] may issue an order 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 plan , such a stop work order may be issued without regard to whether the alleged violator has been issued a notice to comply as specified in this ordinance. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply. The stop work 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 [locality] or permit holder for appropriate relief to the Circuit Court of [locality] [or other appropriate court]. The [locality] shall serve such order for disturbance without an approved plan upon the owner by mailing with confirmation of delivery to the address specified in the land records. The order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies. If the alleged violator has not obtained an approved plan within seven days from the date of service of the stop work order, the [position title] may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan has been obtained. Such an 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 [locality]. The owner may appeal the issuance of an order to the Circuit Court of Washington County, Virginia. Any person violating or failing, neglecting or refusing to obey an order issued by Erosion and Sediment Control Program Administrator may be compelled in a proceeding instituted in the Circuit Court of [locality] 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 [position title] from taking any other action authorized by this ordinance or other applicable laws. Page 12 of 14 Section 1.10. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS A. Any person who has violated or failed, neglected, or refused to obey any order, notice, or requirement of the Erosion and Sediment Control Administrator, any condition of a land-disturbance approval, or any provision of this ordinance shall, upon a finding of the Circuit Court of Washington County, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land- disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. 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 $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000. Violators of this Chapter will be guilty of a Class 1 misdemeanor. A civil penalty in the amount listed on the schedule below shall be assessed for each Erosion and Sediment Control violation of respected offenses: Commencement of land-disturbing activity without an approved ESC approved plan and applicable permits provided in Section 30-144 shall result in civil penalties in the amount of $1,000.00 per day. Failure to comply with Minimum Standards (“MS”) 1, 2, 3, 5, 7 and 18 [9VAC 25840-30] shall result in civil penalties in the amount of $300.00 per violation per day. Failure to comply with MS 4, 6 and 17 [9VAC 25-840-40] shall result in civil penalties in the amount of $500.00 per violation per day. Failure to comply with items 8, 9, 10, 11, 13 and 15 [9 VAC 25-840-40] shall result in civil penalties in the amount of $400.00 per violation per day. Failure to comply with item 16 [9 VAC 25-840-40] shall result in civil penalties in the amount of $500.00 per violation per day. Failure to obey a Notice to Comply or Stop Work Order shall result in civil penalties in the amount of up to $1,000.00 per day. B. The Erosion and Sediment Control Program Administrator, or the owner or property which has sustained damage, or which is in imminent danger of being damaged, may apply to the Circuit Court of Washington County to enjoin a violation or a threatened violation of §§ 62.1-44.15:55 or 62.1-44.15:58 of the Code of Virginia, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local Page 13 of 14 program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. C. In addition to any criminal or civil penalties provided under this ordinance, any person who violates any provision of the Erosion and Sediment Control Law may be liable to Washington County in a civil action for damages. D. 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, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by Washington County. Any civil penalties assessed by a court shall be paid into the treasury of Washington County, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. E. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this ordinance, or order of the Erosion and Sediment Control Program Administrator, Washington County, may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection D of this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection A or D. F. The Commonwealth’s Attorney shall, upon request of Washington County, take legal action to enforce the provisions of this ordinance. Section 30-151. APPEALS AND JUDICIAL REVIEW A. Final decisions of Washington County under this ordinance shall be subject to review by the Washington County Circuit Court, provided 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. Page 14 of 14