(a) The wetlands board chair may
require a permittee to implement monitoring and reporting procedures the chair believes
are reasonably necessary to ensure compliance with the provisions of the permit and this
chapter.
(b) The wetlands board chair may require such on-site inspections as
the chair believes are reasonably necessary to determine whether the measures required by
the permit are being properly performed, or whether the provisions of this chapter are
being violated. Prior to conducting any inspection, the wetlands board chair shall provide
notice to the resident owner, occupier, or operator, who shall be given an opportunity to
accompany the site inspector. If it is determined that there is a failure to comply with
the permit, the wetlands board chair shall serve notice upon the permittee at the address
specified in his/her permit application or by delivery at the site of the permitted
activities to the person supervising those activities and designated in the permit to
receive the notice. The notice shall describe the measures needed for compliance and the
time within which these measures shall be completed. Failure of the person to comply
within the specified period is a violation of this section.
(c) Upon receipt of a sworn complaint of a substantial violation of
this chapter from the designated enforcement officer, the wetlands board chair may, in
conjunction with or subsequent to a notice to comply as specified in this section, issue
an order requiring all or part of the activities on the site to be stopped until the
specified corrective measures have been taken. In the case of an activity not authorized
under this chapter or where the alleged permit noncompliance is causing, or is in imminent
danger of causing, significant harm to the wetlands protected by this chapter, the order
may be issued without regard to whether the person has been issued a notice to comply
pursuant to this section. Otherwise, the order may be issued only after the permittee has
failed to comply with the notice to comply. The order shall be served in the same manner
as a notice to comply, and shall remain in effect for a period of seven (7) days from the
date of service pending application by the enforcing authority, permittee, resident owner,
occupier, or operator for appropriate relief to the circuit court of the county. Upon
completion of corrective action, the order shall immediately be lifted. Nothing in this
section shall prevent the wetlands board chair from taking any other action specified in
section 28.2-1316, Code of Virginia.
(d) Upon receipt of a sworn complaint of a substantial violation of
this chapter from a designated enforcement officer, the wetlands board may order that the
affected site be restored to predevelopment conditions if the board finds that restoration
is necessary to recover lost resources or to prevent further damage to resources. The
order shall specify the restoration necessary and establish a reasonable time for its
completion. The order shall be issued only after a hearing with at least thirty (30) days'
notice to the affected person of the hearing's time, place, and purpose, and shall become
effective immediately upon issuance by the board. The board shall require any scientific
monitoring plan it believes necessary to ensure the successful re-establishment of
wetlands protected by this chapter and may require that a prepaid contract acceptable to
the board be in effect for the purpose of carrying out the scientific monitoring plan. The
board may also require a reasonable bond or letter of credit in an amount and with surety
and conditions satisfactory to it securing to the Commonwealth compliance with the
conditions set forth in the restoration order. The appropriate court, upon petition by the
board, may enforce any such restoration order by injunction, mandamus, or other
appropriate remedy. Failure to complete the required restoration is a violation of this
chapter.