B. The Department will not approve an erosion and sediment control plan submitted by a state or federal agency for a project that involves a soil disturbance activity, (i) in a location that has not adopted a local program with stricter regulations than those of the state program, or (ii) in multiple jurisdictions with separate local programs, unless the erosion and sediment control plan meets the requirements of the Program State. B. The VESCP authority shall review the erosion and sediment control plans submitted to it and give its written approval within 60 days of receipt of the plan if it determines that the plan complies with the requirements of this section and the rules of the committee, and if the person responsible for implementing the plan certifies that they are properly applying the erosion and sediment control measures contained in the plan and that it has complied with the provisions of the Article. In addition, as a prerequisite to carrying out the soil disturbance activities listed on the approved plan, the person responsible for implementing the plan must notify the VESCP authority of a person holding a certificate of competence and responsible for carrying out the ground disturbance activity in accordance with § 62.1-44.15:52. However, any VESCP authority may waive the requirement for a competency certificate for an agreement in lieu of a plan to build a single-family home. If a violation occurs during the disruptive activity of the land, the person responsible for implementing the agreement instead of a plan must correct the violation and provide the name of a person holding a certificate of competency in accordance with § 62.1-44.15:52. Failure to indicate the name of a person in possession of a CPC before carrying out activities to disturb the soil may result in the withdrawal of approval of the plan and the person responsible for the implementation of the plan is liable to the penalties provided for in this section. G.
At the request of a VESCP authority, the Commonwealth Prosecutor shall institute legal proceedings to enforce the provisions of this section. At the request of the council, county or district, the attorney general shall, on behalf of the council, county or district, take appropriate legal measures to enforce the provisions of this section. „pre-development“ means the conditions at the time of submission of the erosion and sediment control plan to the VESCP authority. In the case of progressive development or planning approval (draft classification, roads and utilities, etc.), conditions must be determined prior to the development of erosion and sediment control plans for the first phase. D. The Council shall approve the authorities of the VESCP and conduct a regular comprehensive review and assessment of compliance with the programmes to ensure that all VESCPs under the jurisdiction of this Article meet minimum standards of effectiveness in the control of soil erosion, sediment deposition and non-agricultural runoff. The ministry shall establish a schedule for periodic reviews and evaluations of the effectiveness of VESCAPs, unless the board of directors decides otherwise. These reviews must be coordinated, if any, with those conducted in accordance with the Stormwater Management Act (§ 62.1-44.15:24 et seq.) and related regulations and the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) and related regulations. The Department may also conduct a full or partial review and assessment of the program compliance of a VESCP at a frequency higher than the standard schedule.
One. Any location that does not operate a regulated MS4 and for which the Department has issued a regulated MS4 out of 1. July 2020 did not administer VSMP, the Department shall notify if it decides that the Department will provide the Site with (i) review of the erosion and sediment control plan in accordance with Subpart A of § 62.1-44.15:55 and (ii) a recommendation that the plan comply with the requirements of this section and the regulations of the Board of Directors for each solar project and associated infrastructure with a nameplate power generation capacity greater than five megawatts. F. These orders are issued after a hearing in accordance with the provisions of the Administrative Procedure Act (§ 2.2-4000 et seq.) and take effect upon service on the person by mail with confirmation of service sent to his address indicated in the land registers of the place, or by hand delivery by an agent of the director. Any subsequent identical mail or notice sent by the Department may be sent by mail. However, if the Department determines that such a violation is seriously affecting harmful soil erosion or sediment deposition in Commonwealth watershed waters or poses an imminent and significant threat, it may, without notice or hearing, issue an emergency order directing that person to immediately cease all activities on the site and must provide an opportunity for a hearing. on reasonable notice to that person of the date and place to confirm, amend, amend or cancel such emergency order. C.
Upon issuance of an inspection report indicating a violation of this section, § 62.1-44.15:55 or 62.1-44.15:56, in conjunction with or following a notice of compliance pursuant to Subdivision A, a VESCP authority may, if authorized to enforce this section, or the Ministry, issue an order requiring that some or all of the authorized interfering activities on the site be stopped: Until the specified corrective actions have been taken, or if soil disturbance activities have commenced without an approved plan in accordance with § 62.1-44.15:55, all soil disturbance activities must cease until an approved plan or required permits are obtained.