§ 14-153. Monitoring, reports and inspections.  


Latest version.
  • (a)

    The Administrator shall, as a part of approving an erosion and sediment control plan, require that an individual holding a responsible land disturber certificate, be subject to monitoring and reports by a certified inspector or the Administrator, or both. The person responsible for carrying out the erosion and sediment control plan shall maintain records of the 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 Administrator shall periodically inspect the land-disturbing activity in accordance with section 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations 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.

    (c)

    If the Administrator determines that there is a failure to comply with the erosion and sediment control plan, the Administrator is authorized to pursue any and all methods of enforcement set forth in Section 14-335 or Section 14-154, or both. Additionally, if the Administrator determines that there is a failure to comply with the erosion and sediment control plan, a notice to comply shall be served upon the permittee or person responsible for carrying out the plan by registered or certified mail 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 activities.

    (d)

    The notice to comply shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this article, and the City may pursue legal action against the permittee or person responsible.

    (e)

    Upon determination of a violation of this article, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this article, 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.

    (f)

    If land-disturbing activities have commenced without an approved plan, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this article, issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained.

    (g)

    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 or any required permits, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this article. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply.

    (h)

    The order shall be served in the same manner as a notice to comply, and shall remain in effect until rescinded by the Administrator.

    (i)

    If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the plan-approving authority 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 and any required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the Office of the City Assessor.

    (j)

    Any person violating or failing, neglecting or refusing to timely obey an order issued by the plan-approving authority may be compelled in a proceeding instituted in the Circuit Court of the City of Richmond to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

    (k)

    Nothing in this section shall prevent the plan-approving authority from taking any other action authorized by this article.

    (Code 2004, § 50-197; Ord. No. 2014-116-89, § 1, 5-27-2014)

(Code 2004, § 50-197; Ord. No. 2014-116-89, § 1, 5-27-2014)