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.
2. Certification of a local program. Upon a
satisfactory finding resulting from the compliance review process, the
department will certify that the local program is being implemented and
enforced by the local government consistent with the Act and this chapter and
is, therefore, in compliance. Such a certification shall be valid for a period
of five years until the local government's next scheduled review, unless the
department finds a pattern of noncompliance during the interim period of time,
pursuant to subdivision 1 of this section.
Notes
9 Va.
Admin. Code §
25-830-260
Derived From Virginia Register Volume 30,
Issue 2, eff. October 23, 2013; Amended,
Virginia
Register Volume 38, Issue 25, eff.
8/31/2022.
Statutory Authority: §§ 62.1-44.15:69 and
62.1-44.15:72 of the Code of Virginia.