Upon determination of a violation of this chapter, the
Administrator may, in conjunction with or subsequent to a notice to comply
as specified in this chapter, 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, the 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 on the site
be stopped until an approved plan or any required permits are obtained.
(1)
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 chapter. Otherwise, such an order may be issued
only after the permittee has failed to comply with such a notice to comply.
(2)
The order shall be served in the same manner as 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 of Shenandoah County.
(3)
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 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
Shenandoah County. The owner may appeal the issuance of an order to the Circuit
Court of Shenandoah County.
(4)
Any person violating or failing, neglecting or refusing
to obey an order issued by the Administrator may be compelled in a proceeding
instituted in the Circuit Court of Shenandoah 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 Administrator from taking any other action authorized by this
chapter.
