SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
033380732Patrons-- Dillard, Amundson, Petersen, Scott and Watts; Senators: Byrne, Puller and Ticer
Be it enacted by the General Assembly of Virginia:
1. That §§ 10.1-1181.1, 10.1-1181.2 and 10.1-1181.3 of the Code of Virginia are amended and reenacted as follows:
§ 10.1-1181.1. Definitions.
As used in this article unless the context requires a different meaning:
"Operator" means any person that operates or has operated or exercises or has exercised control over any silvicultural activity.
"Owner" means any person that (i) owns or leases land on which silvicultural activity occurs or has occurred or (ii) owns timber on land on which silvicultural activity occurs or has occurred.
"Pollution" means such alteration of the physical, chemical or biological properties of any state waters resulting from sediment deposition as will or is likely to create a nuisance or render such waters (i) harmful or detrimental or injurious to the public health, safety or welfare, or to the health of animals, fish or aquatic life; (ii) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (iii) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.
"Silvicultural activity" means any forest management activity, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation.
"Special order" means a special order or emergency special order issued under
subsection B E or C F of § 10.1-1181.2.
§ 10.1-1181.2. Conduct of silvicultural activities; issuance of special orders.
A. Silvicultural activities shall be conducted using appropriate best management practices as developed by the State Forester pursuant to § 10.1-1105.
B. 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 that does not comply with appropriate best management
practices, he shall notify the owner or operator in writing, identifying the
appropriate best management practice to be implemented, and specifying a time
period within which to implement the best management practice. If the owner or operator fails to implement the
appropriate best management practice, then the State Forester shall issue a
special order pursuant to subsection E or F.
C. No owner or operator shall conduct silvicultural activities in a manner that causes or is likely to cause pollution.
D. If the State Forester believes 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 that is causing or is likely to cause pollution, he may notify the owner or
operator regarding the activity that is causing or likely to cause pollution
and recommend (i) corrective measures and (ii) a reasonable time period to
prevent, mitigate, or eliminate the pollution. If the owner or operator fails
to take action to prevent, mitigate, or eliminate the pollution, the State
Forester shall issue a special order pursuant to subsection B E or C F. 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 E or CF.
BE. 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 the owner or operator
has been given the opportunity for 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 DG.
CF. 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 E
or F 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.
DG. 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.
EH. 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.
FI. Any hearing required under this section shall be conducted in accordance
with § 2.2-4020 unless the parties consent to informal proceedings.
GJ. The State Forester shall not issue a notice under subsection A B or D or a
special silvicultural order or emergency special order under subsection B E or
C F more than one 1 year after the silvicultural activity has occurred on
the property, unless the State Forester has issued a notice or special order or
emergency special order, in which case the authority of the State Forester shall
continue until dismissal of said order.
HK. Prior to completion but not later than three working days after the
commencement of an operation, the 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
24-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.
§ 10.1-1181.3. Civil penalties.
A. Any owner or operator who violates, or fails or refuses to obey any special order may be assessed a civil penalty by the State Forester. Such penalty shall not exceed $5,000 for each violation. Each day of a continuing violation may be deemed a separate violation for purposes of assessing penalties. In determining the amount of the penalty, consideration shall be given to the owner's or operator's history of noncompliance; the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; whether the owner or operator was negligent; and the demonstrated good faith of the owner or operator in reporting and remedying the pollution.
B. A civil penalty may be assessed by the State Forester only after the owner or operator has been given an opportunity for a hearing. Any hearing required under this section shall be conducted in accordance with § 2.2-4020, unless the parties consent to informal proceedings. If the owner or operator fails to avail himself of the opportunity for a formal hearing, a civil penalty shall be assessed by the State Forester after the State Forester finds that a violation of a special order has occurred and the amount of the civil penalty warranted, and issues an order requiring that the civil penalty be paid.
C. If a person who is required to pay a civil penalty fails to do so, the State Forester may transmit a true copy of the final order assessing such penalty to the clerk of circuit court of any county or city wherein it is ascertained that the person owing the penalty has any estate; and the clerk to whom such copy is sent shall record it, as a judgment is required by law to be recorded, and shall index the same in the name of the Commonwealth as well as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the owner or operator within such county or city in the amount of the penalty. The State Forester may collect civil penalties which are owed in the same manner as provided by law in respect to judgment of a court of record. All civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.
D. With the consent of any owner or operator who has violated or failed,
neglected or refused to obey any special order of the State Forester issued
pursuant to subsection B E or C F of § 10.1-1181.2, the State Forester may
provide, in an order issued by the State Forester against such owner or operator, for the payment of civil charges for
violations in specific sums, not to exceed the limit specified in subsection A
of this section. Such civil charges shall be in lieu of any civil penalty
which could be imposed under subsection A of this section, and shall be placed
in the Virginia Forest Water Quality Fund pursuant to § 10.1-1181.7.