ARTICLE II. PLANS, PERMITS, STANDARDS AND INSPECTIONS

Sec. 10-16. Monitoring, reports, inspections, stop work orders and 
                      revocation of  permits.

(a) The county 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 all 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.

(b) The county administrator shall periodically inspect 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. Unless the county establishes and follows an alternative inspection program approved by the Virginia Soil and Water Conservation Board, inspections shall be provided during or immediately following initial installation of erosion and sediment controls, at least once in every two-week period, within 48 hours following any runoff producing storm event, and at the completion of the project prior to the release of any performance bonds. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection.

If the county administrator determines that there is a failure to comply with the plan, 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 specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this ordinance and shall be subject to the penalties provided by this ordinance.

(c) Upon determination of a violation of this ordinance, the county administrator may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, 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 or an approved agreement in lieu of a plan, the county administrator 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 ordinance. 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 set out in subsection (b), above, for a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the enforcing authority or permit holder for appropriate relief to the circuit court for the county.

If the alleged violator has not obtained an approved plan or any required permits within seven days from the date of service of the order, the county administrator 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 county.

The owner may appeal the issuance of an order to the circuit court for the county.

Any person violating or failing, neglecting or refusing to obey an order issued by the county administrator may be compelled in a proceeding instituted in the circuit court for the 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 county administrator from taking any other action authorized by this ordinance.

(d) Revoked land-disturbing activity permits shall be reinstated only after the permittee has complied with the provisions specified in the notice to comply, and only after the permittee has implemented and maintained proper erosion and sediment control measures in accordance with the approved plans and/or in accordance with the directions provided by the county administrator, and only if the permittee has complied with all of the terms and conditions under which the original land-disturbing activity permit was issued. In addition, the permittee must apply for reinstatement of the revoked land-disturbing activity permit. An inspection and review fee shall accompany the permittee's written request for the reinstatement of the revoked land-disturbing activity permit. The reinstatement inspection and review fee shall be equivalent to the original land-disturbing activity permit inspection and review fee. Furthermore, if the county has drawn upon the permittee's land-disturbing activity performance surety funds, and the county has expended all or a portion of the permittee's surety funds in an effort to correct the erosion and sediment control violations, then the permittee shall be required to provide an additional surety equivalent to the expended portion of the original surety funds.