Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 50 - VIRGINIA SOIL AND WATER CONSERVATION BOARD › Chapter 70 - RESOURCE MANAGEMENT PLANS › Section 4VAC50-70-100 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
A. If deficiencies
				are identified during an inspection conducted in accordance with
				4VAC50-70-90, following review of
				such deficiencies the department shall provide a written notice to the owner or
				operator within 30 days of receipt of the inspection report. The written notice
				shall include a list of the noted deficiencies that need to be addressed to
				meet full implementation of the RMP.
B. Within 90 days of the written notice being
				issued to the owner or operator, a corrective action agreement in a format
				provided by the department, that may include revisions to the RMP, shall be
				developed by the RMP developer in consultation with the owner or operator,
				signed by the owner or operator, and submitted to the department for
				consideration. The corrective action agreement shall include an implementation
				schedule to correct the deficiencies found during the inspection. The
				department shall review the corrective action agreement including any revisions
				to the RMP within 30 days following receipt. The department shall consult with
				the review authority. If the corrective action agreement, including any
				revisions to the RMP, is determined by the department to be reasonable and
				satisfactory, the department shall convey such determination to the owner or
				operator in writing within 30 days following receipt.
C. If the department determines that the
				corrective action agreement, including any revisions to the RMP, does not
				satisfactorily address deficiencies documented from an inspection conducted
				pursuant to
				4VAC50-70-90, the department shall
				document such deficiencies in writing to the owner or operator within 30 days
				following receipt of the corrective action agreement. A revised corrective
				action agreement may be submitted once the noted deficiencies have been
				satisfactorily addressed.
D. If the
				department and the owner or operator are unable to concur on a final corrective
				action agreement within 90 days of the submission of the initial corrective
				action agreement to the department or such additional time that is acceptable
				to the department, the department shall revoke the owner's or operator's
				Certificate of RMP Implementation after an informal fact finding proceeding
				held in accordance with § 2.2-4019 of the Code of Virginia.
E. If it is determined by the department
				through a re-inspection that an owner or operator has failed to fully implement
				the agreed upon corrective action agreement, the department shall revoke the
				owner's or operator's Certificate of RMP Implementation for the corrective
				action agreement. Such re-inspection shall be performed by the department or by
				the review authority when directed by the department.
F. At any time, the owner or operator may
				provide written notice to the department requesting that the Certificate of RMP
				Implementation be revoked.
Statutory Authority: § 10.1-104.8 of the Code of
					 Virginia.