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Ordinances 2014
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Ordinances 2014
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1/7/2015 2:43:34 PM
Creation date
2/18/2014 2:52:24 PM
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Ord/Resolutions
Year
2014
Ord/Resolutions - Type
Ordinances
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Sec.31.2-15. Appeals. <br />Within (30) days of the decision of the Stormwater Appeals Board, a decision entered <br />pursuant to Section 31.2-14 may be appealed to the Circuit Court of the City of Portsmouth. The <br />petition for appeal shall be filed in writing within (30) days of the date of the decision, <br />determination or action, shall state clearly the grounds on which the appeal is based. <br />Sec.31.2-16. Enforcement. <br />(a) If the Administrator determines that there is a failure to comply with the VSMP <br />Permit conditions or determines there is an unauthorized discharge, notice shall be served upon <br />the permittee or person responsible for carrying out the permit conditions by any of the <br />following: verbal warnings and inspection reports, notices of corrective action, consent special <br />orders, and notices to comply, Written notices shall be served by registered or certified mail to <br />the address specified in the permit application or by delivery at the site of the development <br />activities to the agent or employee supervising such activities. <br />(1) The notice shall specify the measures needed to comply with the permit <br />conditions and shall specify the time within which such measures shall be <br />completed. Upon failure to comply within the time specified, a stop work order <br />may be issued in accordance with subsection (a)(2) below or the permit may be <br />revoked by the Administrator. <br />(2) If a permittee fails to comply with a notice issued in accordance with this <br />Section within the time specified, the Administrator may issue a Stop Work Order <br />requiring the owner, permittee, person responsible for carrying out an approved <br />plan, or the person conducting the land-disturbing activities without an approved <br />plan or required permit to cease all land-disturbing activities until the violation of <br />the permit has ceased, or an approved plan and required permits are obtained, and <br />specified corrective measures have been completed. <br />Such orders shall become effective upon service on the person by certified mail, <br />return receipt requested, sent to his address specified in the land records of the <br />locality, or by personal delivery by an agent of the Administrator. However, if the <br />Administrator finds that any such violation is grossly affecting or presents an <br />imminent and substantial danger of causing harmful erosion of lands or sediment <br />deposition in waters within the watersheds of the Commonwealth or otherwise <br />substantially impacting water quality, he may issue, without advance notice or <br />hearing, an emergency order directing such person to cease immediately all land- <br />disturbing activities on the site and shall provide an opportunity for a hearing, <br />after reasonable notice as to the time and place thereof, to such person, to affirm, <br />
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