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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-1181.2 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of special orders.
A. If the State Forester determines that an owner or operator has conducted or
is conducting or has allowed or is allowing the conduct of any silvicultural
activity in a manner which is causing or is likely to cause pollution, he may
notify the owner or operator of corrective measures needed to prevent or cease
the pollution. Failure of the State Forester to notify an owner or operator of
such corrective measures shall not impair the State Forester's authority to
issue special orders pursuant to subsection B or C of this section.
B. The State Forester shall have the authority to issue special orders to any
owner or operator who has conducted or is conducting, or has allowed or is
allowing to be conducted, any silvicultural activity in a manner which is
causing or is likely to cause pollution, to cease immediately all or part of
the silvicultural activities on the site, and to implement specified corrective
measures within a stated period of time. Such special orders are to be issued
only after a hearing with reasonable notice to the owner or operator, or both,
of the time, place and purpose thereof, and they shall become effective not
less than five days after service as provided in subsection D of this section.
C. If the State Forester finds that any owner or operator is conducting any
silvicultural activity in a manner which is causing or is likely to cause an
alteration of the physical, chemical or biological properties of any state
waters resulting from sediment deposition presenting an imminent and
substantial danger to (i) the public health, safety or welfare, or the health
of animals, fish or aquatic life; (ii) a public water supply; or (iii)
recreational, commercial, industrial, agricultural or other reasonable uses,
the State Forester may issue, without advance notice or hearing, an emergency
order directing the owner or operator, or both, to cease immediately all or
part of the silvicultural activities on the site, and to implement specified
corrective measures within a stated period of time. The commencement of
proceedings by the State Forester for the issuance of a special order pursuant
to subsection B of this section shall not impair the State Forester's authority
to issue an emergency special order pursuant to this subsection. The State
Forester shall provide an opportunity for a hearing, after reasonable notice as
to the time and place thereof to the owner or operator, to affirm, modify,
amend or cancel such emergency special order.
D. The owner or operator to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of the owner, or operator, or by personal delivery by an agent of the State Forester, and the time limits specified shall be counted from the date of receipt.
E. The State Forester shall not issue a special order to any owner or operator who has incorporated generally acceptable water quality protection techniques in the operation of silvicultural activities, which techniques have failed to prevent pollution, if the State Forester determines that the pollution is the direct result of unusual weather events which could not have been reasonably anticipated.
F. Any hearing required under this section shall be conducted in accordance with § 2.2-4020 unless the parties consent to informal proceedings.
G. The State Forester shall not issue a notice under subsection A of this
section or a special silvicultural order or emergency special order under
subsection B or C of this section more than one year after the silvicultural
activity has occurred on the property.
H. Prior to or completion but not later than three working days after the
commencement of an operation, the owner or operator shall notify the State
Forester of the commercial harvesting of timber. For the purpose of this
section, commercial harvesting of timber means the harvesting of trees for the
primary purpose of transporting to another site for additional manufacturing.
The notification may be verbal or written and shall (i) specify the location
and the actual or anticipated date of the activity and (ii) be made in a manner
prescribed by the State Forester. If an operator fails to comply with the
provisions of this subsection, the State Forester may assess a civil penalty of $250
for the initial violation and not more than $1,000 for any subsequent violation
within a twenty-four month period by the operator. All civil penalties
assessed under this subsection shall be recovered in a civil action brought by
the Attorney General in the name of the Commonwealth. Such civil penalties
shall be paid into the state treasury and credited to the Virginia Forest Water
Quality Fund pursuant to § 10.1-1181.7.