Any locality serving as a VESMP authority shall have the authority to:

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Terms Used In Virginia Code 62.1-44.15:25.1

  • Land-disturbance approval: means the same as that term is defined in § Virginia Code 62.1-44.15:24
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Owner: means the same as that term is defined in § Virginia Code 62.1-44.15:24
  • Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 62.1-44.3
  • Subdivision: means the same as that term is defined in § Virginia Code 62.1-44.15:24
  • VESMP: means a program established by a VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. See Virginia Code 62.1-44.15:24
  • VESMP authority: means the Board or a locality approved by the Board to operate a Virginia Erosion and Stormwater Management Program. See Virginia Code 62.1-44.15:24

1. Issue orders in accordance with the procedures of subdivision 10 a of § 15.2-2122 to any owner subject to the requirements of this article. Such orders may include civil penalties in specific sums not to exceed the limit specified in subdivision A 2 or B 2, as applicable, of § 62.1-44.15:48, and such civil penalties shall be paid into the treasury of the locality in accordance with subdivision A 2 of § 62.1-44.15:48. The provisions of this section notwithstanding, the locality may proceed directly under § 62.1-44.15:48 for any past violation or violations of any provision of this article or any ordinance duly adopted hereunder.

2. Issue consent orders with the consent of any person who has violated or failed, neglected, or refused to obey any ordinance adopted pursuant to the provisions of this article, any condition of a locality’s land-disturbance approval, or any order of a locality serving as a VESMP authority. Such consent order may provide for the payment of civil charges not to exceed the limits specified in subdivision A 2 or B 2, as applicable, of § 62.1-44.15:48. Such civil charges shall be in lieu of any appropriate civil penalty that could be imposed under this article. Any civil charges collected shall be paid to the treasury of the locality in accordance with subdivision A 2 of § 62.1-44.15:48.

2016, cc. 68, 758.