§ 9-6. Monitoring, reports and inspections.

(a)

The environmental planner shall periodically inspect the land-disturbing activity in accordance with Section 4VAC50-30-60 of the Virginia Erosion and Sediment Control Regulations and require that an individual holding a certificate of competence, as provided by Code of Virginia, § 10.1-566.1, who will be in charge of and responsible for ensuring compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. However, the Town of Colonial Beach may waive the certificate of competence requirement for an agreement in lieu of a plan for construction of a single family residence. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

(b)

The Town of Colonial Beach may require the person responsible for carrying out the plan to 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.

If the environmental planner, where authorized to enforce this article determines that there is a failure to comply with the plan following an inspection, notice 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. The notice 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 time specified, the permit may be revoked and the VESCP authority, where authorized to enforce this article, the department, or the board may pursue enforcement as provided by Code of Virginia, § 10.1-569.

(c)

Upon determination of a violation of this chapter, the environmental planner may, in conjunction with or subsequent to a notice to comply as specified in this chapter, 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 environmental planner may, in conjunction with or subsequent to a notice to comply as specified in this chapter, 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 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 chapter. Otherwise, such an order may be issued only after the permittee has failed to comply with such a notice to comply.

The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the Circuit Court of the Town of Colonial Beach.

If the alleged violator has not obtained an approved plan or any required permits within seven (7) days from the date of service of the order, the environmental planner 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 Town of Colonial Beach.

The owner may appeal the issuance of an order to the Circuit Court of Westmoreland County. Any person violating or failing, neglecting or refusing to obey an order issued by the environmental planner may be compelled in a proceeding instituted in the Circuit Court of Westmoreland County 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 or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the environmental planner from taking any other action authorized by this chapter.

(d)

The Town of Colonial Beach, where authorized to enforce this article, may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article.

(e)

In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, the Town of Colonial Beach may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.

(Ord. No. 633)

(Ord. No. 633)