The City of Chesapeake complies with the Chesapeake Bay Preservation Act in order to protect the quality of water in the Bay and consequently, the quality of life in Chesapeake and the Commonwealth of Virginia. Portions of Chesapeake fall within specified Preservation Areas and abide by regulations and procedures to protect and improve the water quality of the Chesapeake Bay, its tributaries, buffer areas and other state waters, by minimizing the potential adverse effects of human activity upon these areas. The City of Chesapeake is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Chesapeake will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Stormwater fees will be collected biannually and the City of Chesapeake offers credits on stormwater fees for non-residential properties that implement Best Management Practices. The City of Chesapeake, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.
Sec. 26-345. - Stormwater management program established.
Pursuant to § 62.1-44.15:27 of the Code of Virginia, the city hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable regulations that specify standards and specifications for VSMPs promulgated by the state board for the purposes set out in section 26-342 of this article. The city hereby designates the director of development and permits as the administrator of the Virginia stormwater management program for this division.
(Ord. No. 14-O-060, 5-27-14)
Sec. 26-349. - Long-term maintenance of permanent stormwater management facilities.
(a) The administrator shall require the provision of long-term responsibility for and maintenance of private stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to State Permit termination or earlier as required by the administrator and shall at a minimum:
(1) Be submitted to the administrator for review and approval prior to the approval of the stormwater management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections;
(4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the administrator; and
(5) Be enforceable by all appropriate governmental parties.
(b) At the discretion of the administrator, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located, provided it is demonstrated to the satisfaction of the administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the administrator.
(c) If a recorded instrument is not required pursuant to subsection (b) above, the administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or any other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the administrator or designee.
(Ord. No. 14-O-060, 5-27-14)
Sec. 26-358. - Monitoring and inspections.
(a) The administrator or any duly authorized agent of the administrator shall inspect the land-disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
(3) Development, updating, and implementation of a pollution prevention plan;
(4) Development and implementation of any additional control measures necessary to address a TMDL; and
(5) Compliance with the general permit, if applicable.
(b) The administrator or any duly authorized agent of the administrator may, at reasonable times and under reasonable circumstances in accordance with the consent of the property owner by written instrument or otherwise, or, to the extent compatible with constitution law, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article.
(c) In accordance with any such other legal arrangement or instrument, the administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.
(d) Pursuant to § 62.1-44.15:40 of the Code of Virginia, the administrator may require every stormwater permit applicant or permittee, or any such person subject to stormwater permit requirements under this article, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this article.
(e) Post-construction inspections of stormwater management facilities required by the provisions of this article shall be conducted by the administrator or any duly authorized agent of the administrator pursuant to the city's adopted and state board approved inspection program, and shall occur, at minimum, at least once every five years except as may otherwise be provided for in section 26-349.
(Ord. No. 14-O-060, 5-27-14)
Sec. 26-361. - Enforcement.
If the administrator determines that there is a failure to comply with the stormwater permit or general permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by mailing with confirmation of delivery to the address specified in the permit application or by delivery at the site of the development activities to the agent or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b) or the permit may be revoked by the administrator.
(2) If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land-disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed.
Such orders shall become effective upon service on the person by mailing with confirmation of delivery to the mailing address specified in the land records of the locality, or, by personal delivery by an agent of the administrator. However, if the administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, he may issue, without advance notice or hearing, an emergency order posted at the site directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with subsection (c).
(b) In addition to any other remedy provided by this article, if the administrator or his designee determines that there is a failure to comply with the provisions of this article, he may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the PFM.
(c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the administrator may be compelled in a proceeding instituted in circuit court by the city to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
(d) Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the administrator, shall be subject to a civil penalty not to exceed $32,500.00 for each violation within the discretion of the court. The city shall follow a schedule of civil penalties established by the state water control board pursuant to Virginia Code § 62.1-44.15:48 to be utilized in enforcing the provisions of this chapter and the state permit. Each day of violation of each requirement shall constitute a separate offense.
(1) Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following:
a. No state permit registration;
b. No SWPPP;
c. Incomplete SWPPP;
d. SWPPP not available for review;
e. No approved erosion and sediment control plan;
f. Failure to install stormwater BMPs or erosion and sediment controls;
g. Stormwater BMPs or erosion and sediment controls improperly installed or maintained;
h. Operational deficiencies;
i. Failure to conduct required inspections;
j. Incomplete, improper, or missed inspections; and
k. Discharges not in compliance with the requirements of Section 9 VAC 25-880-70 of the general permit.
(2) The administrator or designee may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court.
(3) In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance.
(4) Any civil penalties assessed by a court as a result of a summons issued by the city shall be paid into the treasury of the city to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality and abating environmental pollution therein in such manner as the court may, by order, direct.
(e) Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500.00 nor more than $32,500.00, or both.
(f) Any person who knowingly violates any provision of this chapter, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than 15 years and a fine of not more than $250,000.00, either or both. A defendant that is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine not exceeding the greater of $1,000,000.00 or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person under this subsection.
(g) With the consent of any person who has violated or failed, neglected, or refused to obey any ordinance, any condition of a permit or state permit, any order of the administrator, or any provision of this chapter, the administrator may provide, in an order issued against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in this section. Such civil charges shall be instead of any appropriate civil penalty that could be imposed under this section. Any civil charges collected shall be paid to the locality pursuant to subsection (d)(4).
(Ord. No. 14-O-060, 5-27-14)