Virginia Code 3.2-404: Right of entry; court enforcement
A. The district or the Commissioner may enter land that is the subject of a complaint, after notice to the owner or operator, to determine whether the agricultural activity is causing or will cause pollution of state waters.
Terms Used In Virginia Code 3.2-404
- Agricultural activity: means any activity used in the production of food and fiber, including farming, feedlots, grazing livestock, poultry raising, dairy farming, and aquaculture activities. See Virginia Code 3.2-400
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
- measures: includes : (i) agricultural water quality protection management measures described in the Virginia Agricultural Best Management Practices Manual; and (ii) agricultural water quality protection management measures contained in the U. See Virginia Code 3.2-400
- Operator: means any person who exercises managerial control over any agricultural activity. See Virginia Code 3.2-400
- Owner: means any person who owns land where an agricultural activity occurs. See Virginia Code 3.2-400
- Pollution: means any alteration of the physical, chemical, or biological properties of any state waters resulting from sedimentation, nutrients, or toxins. See Virginia Code 3.2-400
- State waters: means all water, on the surface or in the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction. See Virginia Code 3.2-400
B. Upon failure of any owner or operator to allow the Commissioner entry in accordance with subsection A, to implement stewardship measures in the time specified in a corrective order, or to maintain stewardship measures in accordance with subsection E of § 3.2-402, the Commissioner may present to the circuit court of the county or city where the land is located, a petition asking the court to require the owner or operator to allow the Commissioner entry or to carry out such measures within a specified time. If the owner or operator fails to implement the stewardship measures specified in the court order, the Commissioner may enter the land involved and implement the measures. The Commissioner may recover the costs of implementing the stewardship measures from the owner or operator.