§ 1-32. Enforcement.

A.

If the Administrator determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.

1.

The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection B. or the permit may be revoked by the Administrator.

2.

If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed.

Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this section.

B.

In addition to any other remedy provided by this Ordinance, if the Administrator or his designee determines that there is a failure to comply with the provisions of this Ordinance, they may initiate such informal or formal administrative enforcement procedures in a manner that is consistent with the provisions of this Ordinance, State law and regulations.

C.

Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in the Circuit Court of the City of Virginia Beach by the City to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.

D.

Any person who violates any provision of this Ordinance or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty, ordered by the Circuit Court, not to exceed thirty-two thousand five hundred dollars ($32,500.00) for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense.

1.

Violations for which a penalty may be imposed under this Subsection shall include but not be limited to the following:

i.

No state permit registration;

ii.

No SWPPP;

iii.

Incomplete SWPPP;

iv.

SWPPP not available for review;

v.

No approved erosion and sediment control plan;

vi.

Failure to install stormwater BMPs or erosion and sediment controls;

vii.

Stormwater BMPs or erosion and sediment controls improperly installed or maintained;

viii.

Operational deficiencies;

ix.

Failure to conduct required inspections;

x.

Incomplete, improper, or missed inspections; and

xi.

Discharges not in compliance with the requirements of Section 9VAC 25-870-1170 of the general permit.

2.

The Administrator may institute proceedings for collection of the civil penalty and the action may be prosecuted in the appropriate court.

3.

In imposing a civil penalty pursuant to this Subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.

4.

Any civil penalties assessed by a court as a result of a summons issued by the City shall be paid into a segregated account into the treasury of the City of Virginia Beach to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein.

5.

Notwithstanding any other civil or equitable remedy provided by this Section or by law, any person who willfully or negligently violates any provision of this Ordinance, any order of the Administrator, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months or a fine of not less than two thousand five hundred dollars ($2,500.00) or both.

(Ord. No. 3337, 4-22-14, eff. 7-1-14)

(Ord. No. 3337, 4-22-14, eff. 7-1-14)