Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 25 - STATE WATER CONTROL BOARD › Chapter 830 - CHESAPEAKE BAY PRESERVATION AREA DESIGNATION AND MANAGEMENT REGULATIONS › Part VIII - Implementation and Enforcement › Section 9VAC25-830-260 - Administrative proceedings

Current through Register Vol. 40, No. 24, July 15, 2024
Subdivision 8 of § 62.1-44.15:69 and §
					 62.1-44.15:71 of the Act provide that the department shall ensure that local
					 government comprehensive plans, subdivision ordinances and zoning ordinances
					 are in accordance with the provisions of the Act, and that it shall determine
					 such compliance in accordance with the provisions of the Administrative Process
					 Act. The Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia) shall govern the review activities and proceedings of the department
					 and the judicial review thereof. The department will provide a copy of its
					 decision to the local government. If any deficiencies are found, the department
					 will establish a schedule for the local government to come into
					 compliance.
1. In order to carry out
				  its mandated responsibilities under subdivision 10 of § 62.1-44.15:69 and
				  § 62.1-44.15:71 of the Act, the department will:
a. Require that each Tidewater local
				  government submit an annual implementation report outlining the implementation
				  of the local program. The department will develop reporting criteria which
				  outline the information to be included in the reports and the time frame for
				  their submission. The department will use the information in these reports to
				  assess local patterns of compliance with the Act and this chapter and to
				  evaluate the need for an administrative proceeding to more closely review any
				  individual local government's compliance. All proceedings of this nature will
				  be developed and conducted in accordance with this section.
b. Develop a compliance review process.
				  Reviews will occur on a five-year cycle, and, when feasible, will be conducted
				  as part of the local government's comprehensive plan review and update process.
				  The department may also conduct a comprehensive or partial program compliance
				  review and evaluation of a local government program more frequently than the
				  standard schedule. The review process shall consist of a self-evaluation by
				  each local government of local program implementation and enforcement as well
				  as an evaluation by department staff. Based on these evaluations, the
				  department may find the program compliant or, if deficiencies are found, the
				  department will establish a corrective action plan and a schedule for the local
				  government to come into compliance. The department shall provide a copy of its
				  decision to the local government that specifies the deficiencies, actions
				  needed to be taken, and the approved compliance schedule. If the local
				  government has not implemented the necessary compliance actions identified by
				  the department within the schedule established by the department, or such
				  additional period as is granted to complete the implementation of the
				  compliance actions, then the department shall have the authority to issue a
				  special order to any local government imposing a civil penalty not to exceed
				  $5,000 per day with the maximum amount not to exceed $20,000 per day per
				  violation for noncompliance with the state program, to be paid into the state
				  treasury and deposited into the Virginia Stormwater Management Fund established
				  by § 62.1-44.15:29 of the Code of Virginia.
(1) The self-evaluation shall be conducted by
				  each local government according to procedures developed by the
				  department.
(2) At a minimum, the
				  department staff's evaluation will include a review of previous annual reports
				  and site visits.