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 Rockingham County
 Code of Ordinances
 Chapter 6B. EROSION AND SEDIMENT CONTROL

  § 6B-7. Inspection and enforcement.  

Latest version.

  • The plan-approving authority shall provide for periodic inspections to the land-disturbing activity to ensure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation from the land-disturbing activity. The frequency of those inspections shall be consistent with Section 9VAC 25-840-60 of the Virginia Erosion and Sediment Control Law and regulations. Furthermore, the permittee shall be given notice of the inspection. If the plan-approving authority determines that the permittee has failed to comply with the plan, the authority shall immediately serve upon the permittee or person responsible for carrying out the plans, 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 a notice to comply.

    The notice to comply shall set forth specifically the measures needed to come into compliance with the plan and shall specify the time within which such measures shall be completed. If the permittee fails to comply within the time specified, he may be subject to revocation of the land-disturbing permit. Furthermore, he shall be deemed in violation of this chapter and shall be subject to the penalties provided by this chapter.

    The plan-approving authority may issue an order requiring that all land-disturbing activities be stopped until corrective measures have been taken. Said order may be issued in conjunction with or subsequent to the notice to comply. In the case where noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in state waters, an order may be issued whether or not a notice to comply has been issued. Orders shall be served in the same manner as the notice to comply. Orders shall remain in effect until completion of corrective action or for seven (7) days, whichever occurs first.

    If a land-disturbing activity is proceeding without an approved plan and seven (7) days have elapsed since notice of same was made, and an approved plan or permit has not been obtained, the plan approving authority may issue an order requiring that all construction, and other work on the site, other than corrective measures, be stopped until an approved plan has been obtained. Such order shall be served in the same manner as a notice to comply. This order shall be rescinded upon completion of corrective action and approval of same.

    (Ord. No. 82-2, 1-11-82; P.C. Ord. No. 13-90, 12-19-90; P.C. Ord. No. 17-92, § 5, 9-9-92; P.C. Ord. No. 93-11, § 5, 9-28-93; P.C. Ord. No. 97-24, 12-17-97; P.C. Ord. No. 11-28, 10-12-11; P.C. Ord. No. 15-31 , 8-26-15)

(Ord. No. 82-2, 1-11-82; P.C. Ord. No. 13-90, 12-19-90; P.C. Ord. No. 17-92, § 5, 9-9-92; P.C. Ord. No. 93-11, § 5, 9-28-93; P.C. Ord. No. 97-24, 12-17-97; P.C. Ord. No. 11-28, 10-12-11; P.C. Ord. No. 15-31 , 8-26-15)