Sec. 37.1-30. - Findings and determinations; purpose.

(a)

The Stormwater Management Act, Section 10.1-603 et seq. of the Code of Virginia, enables localities to prepare and adopt a stormwater management plan and implementing ordinance.

(b)

The city council hereby finds that the waters and waterways within the City of Newport News are at times subjected to flooding and channel erosion due to urban stormwater runoff; such flooding is a danger to the lives and property of the public; such flooding and channel erosion is also a danger to the natural and water resources of the city; urban stormwater runoff carries pollution which causes the deterioration of the water resources of the city; the control of stormwater pollution discharges is required by state and federal regulations; and such increased flooding, erosion and pollution discharges can be controlled to some extent by the regulation of stormwater runoff from new development. Therefore, it is determined that it is in the public interest to establish requirements to regulate the discharge of stormwater runoff.

(c)

It is the purpose of this article to establish minimum stormwater management requirements and controls to:

(1)

Reduce flood damage to public health, life, and property;

(2)

Minimize increased stormwater runoff where such runoff will increase flood damage;

(3)

Maintain the adequacy of existing and proposed culverts and bridges, dams and other structures;

(4)

Prevent, to the greatest extent feasible, an increase in stormwater pollution;

(5)

Maintain the integrity of stream channels for their biological functions, as well as for drainage and other purposes;

(6)

Reduce the impact of increased runoff upon stream erosion; and

(7)

Preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion, and nonpoint source pollution.

(Ord. No. 4669-94)

Sec. 37.1-31. - Applicability.

(a)

Except as provided for in section 37.1-31(b) of this article, all land development projects shall comply with the requirements of this article. All land development projects located within Chesapeake Bay Preservation or Reservoir Protection areas shall additionally comply with the provisions of those respective ordinances. In the event of a conflict, the Chesapeake Bay Preservation and Reservoir Protection Ordinance provisions shall take precedence for land development projects in their respective areas.

(b)

The following activities are exempt from this article:

(1)

Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia.

(2)

Tilling, planting or harvesting of agricultural, horticultural, or forest crops.

(3)

Single-family residences separately built and not part of a subdivision, including additions or modifications to existing single-family detached residential structures.

(4)

Land development projects that disturb less than one (1) acre of land area and discharge stormwater to an adequate system, except when those projects are located within Chesapeake Bay Preservation or Reservoir Protection areas.

(5)

Linear development projects, such as roads, highways, railways and utility lines, that are not part of an overall site or subdivision development project, provided that there will be insignificant increases in peak stormwater flow rates, there is less than one (1) acre of land disturbed per outfall or watershed, and there are no existing or anticipated flooding or erosion problems downstream of the stormwater outfalls or discharge points.

(6)

State projects as defined in this article.

(7)

Land development projects for which there is an approved site or subdivision plan within forty-five (45) days of the effective date of this article.

(c)

Land development projects that discharge stormwater to an adequate system shall be exempt from complying with section 37.1-35(c).

(d)

Land development projects that are located within the watershed of and discharge stormwater to a city-approved regional stormwater management facility for water quality control or have thirty-six (36) percent or less of impervious cover shall be exempt from complying with section 37.1-35(d).

(e)

Approvals issued pursuant to this article do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance.

(f)

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this article shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this article.

(Ord. No. 4669-94)

Sec. 37.1-32. - Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

Adequate stormwater management system or adequate system shall mean the stormwater management infrastructure and equipment of the city and all improvements thereto that will convey the designated frequency storm event without overtopping the channel banks, causing erosive damage or flooding.

Applicant means any person submitting a stormwater management plan for approval.

Channel means a natural stream or manmade waterway.

Development means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three (3) or more residential dwelling units.

Director means the director of the department of engineering or his designee.

Flooding means a volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, causing or threatening damage.

Floodplain means those areas adjoining a river, stream, channel, estuary, bay or lake which are likely to be covered by flooding.

Impervious surface means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Impervious areas include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of stormwater. Natural waterbodies and open, uncovered retention/detention facilities shall not be considered as impervious surfaces.

Infiltration facility means a stormwater management facility which temporarily stores stormwater and discharges it via infiltration through the surrounding soil.

Inspection means an on-site review of the project's compliance with the approved plan, the local stormwater management program, and any applicable design criteria.

Land development or land development project means a manmade change to the land surface that potentially changes its runoff characteristics.

Local stormwater management program or local program means a statement of the various methods employed by the city to manage the runoff from land development projects and may include such items as local ordinances, policies and guidelines, technical materials, inspections, enforcement and evaluation.

Onsite stormwater management facilities means facilities which are designed to control stormwater runoff emanating from a specific site.

Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the commonwealth, any interstate body or any other legal entity.

Post-development refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.

Pre-development refers to the land use that exists at the time that plans for the land development are submitted. Where phased development or plan approval occurs (preliminary grading, roads and utilities, etc.), the existing land use at the time the first item is submitted shall establish pre-development conditions.

Regional (watershedwide) stormwater management facility or regional facility means a facility or series of facilities designed to control stormwater runoff from a large contributing area, although only portions of the watershed may experience land development.

Regional stormwater management plan or regional plan means a document containing material describing how runoff from open space, existing development and future planned development areas within a watershed will be controlled by coordinated design and implementation of regional stormwater management facilities.

Runoff or stormwater runoff means that portion of precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways.

State project means the construction of any facility or expansion of an existing facility including, but not limited to land clearing, soil movement, or land development, which is undertaken by any state agency, board, commission, authority or any branch of state government, including state supported institutions of higher learning.

Stormwater detention basin or detention basin means a stormwater management facility which temporarily impounds runoff and discharges it through a hydraulic outlet structure to a downstream conveyance system. To achieve stormwater pollution control, the detention basin may include a permanent pool of water or some other treatment component specified in the Design Criteria Manual.

Stormwater management facility means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the peak flow rate and pollution discharges, the period of release or the velocity of flow.

Stormwater management plan or plan means a document containing material for describing how existing runoff characteristics will be maintained by a land development project and comply with the requirements of this article.

Stormwater pollution or nonpoint source pollution means pollution whose sources cannot be pinpointed but rather is washed from structures or the land surface in a diffuse manner by stormwater runoff.

Subdivision means the division of a parcel of land into three (3) or more lots or parcels of less than five (5) acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

Water quality volume means the volume equal to the first one-half (0.5) inch of runoff multiplied by the new impervious surface area of the land development project.

Watershed means the total drainage area contributing runoff to a single point.

(Ord. No. 4669-94)

Sec. 37.1-33. - General criteria.

(a)

Proposed residential, commercial, or industrial subdivisions or other projects shall apply these stormwater management criteria to the land development as a whole. Individual lots or phases in new subdivisions or other projects shall not be considered separate land development projects, but rather the entire subdivision or other projects shall be considered a single land development project. Hydrologic parameters shall reflect the ultimate land development and shall be used in all engineering calculations.

(b)

Construction of stormwater management facilities or modifications to channels shall comply with all applicable laws and regulations.

(c)

The design of impounding structures that are not covered by the Virginia Dam Safety Regulations shall be checked by the applicant for structural integrity and floodplain impacts for the one hundred-year storm event.

(d)

Land development projects shall comply with the city soil removal and other land-disturbing activities ordinance and the Virginia Erosion and Sediment Control Act and attendant regulations.

(e)

When appropriate, safety measures should be incorporated into the design of stormwater management facilities. These may include but are not limited to, safety ledges, warning signs, anti-vortex devices, stadia rod indicating depth at the lowest point, and outlet structures designed to limit public access.

(f)

Outlets from stormwater management facilities shall be designed to function without manual, electrical or mechanical controls.

(g)

Detention facilities shall be designed to minimize propagation of insects, particularly mosquitoes.

(h)

New construction of onsite stormwater management facilities in floodplains should be avoided. When this is unavoidable, a special examination to determine adequacy of proposed stormwater management facilities shall be conducted as determined by the director. Such new construction shall be in compliance with all applicable regulations under the National Flood Insurance Program.

(i)

Basic requirements for water quality and quantity control need not be satisfied solely by means of structural methods. Non-structural practices including, but not limited to, cluster land use development, minimization of impervious surface, open space acquisition, floodplain management, and protection of wetlands, steep slopes and vegetation should be coordinated with structural requirements. Such changes in land use often decrease the runoff coefficients, thus reducing the number, size and cost of structural practices.

(j)

Land disturbance shall be limited to the area necessary to provide for the desired use or development.

(1)

In accordance with an approved site plan, the limits of land disturbance, including clearing or grading shall be clearly shown on submitted plans and physically marked on the development site.

(2)

Where feasible, ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the director.

(k)

Indigenous vegetation shall be preserved to the maximum extent possible consistent with the use and development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook, as adopted by Chapter 35, Article III, of the Newport News City Code.

(1)

Existing trees more than five (5) inches in diameter four and one-half (4.5) feet above existing grade shall be preserved outside the limits of land disturbance. Trees that are diseased or that have been weakened by age, storm, fire or other injury may be removed.

(2)

Clearing shall be allowed only to provide necessary visual and vehicular access, positive site drainage, water quality stormwater management control facilities, and the installation of utilities as approved by the director.

(3)

Prior to clearing or grading, suitable protective barriers, such as fencing, shall be erected five (5) feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris or fill shall not be allowed within the area protected by the barrier unless otherwise authorized by the director.

(l)

Land development shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development permitted.

(Ord. No. 4669-94)

Sec. 37.1-34. - Regional stormwater management.

The applicant shall comply with the requirements of any regional stormwater management plan for the watershed in which the proposed land development is located.

(Ord. No. 4669-94)

Sec. 37.1-35. - Technical criteria.

(a)

Unless otherwise exempt, all land development projects shall comply with stormwater quantity and quality technical design criteria specified in this article and the City of Newport News Design Criteria Manual.

(b)

The director shall develop and maintain technical design criteria for the design and review of stormwater management facilities for land development projects. The criteria shall be consistent with the purpose and intent of this article and such criteria shall be in accordance with sound engineering judgment and professional standards.

(c)

A stormwater management plan for a land development project shall be developed so that from the site, the post-development peak runoff rates from a two-year storm and a ten-year storm, considered individually, shall not exceed their respective pre-development rates.

(d)

In order to enhance water quality of stormwater runoff, all stormwater management plans shall provide for the control of the water quality volume. The water quality volume shall be in accordance with design guidelines specified in the Design Criteria Manual.

(e)

Design calculations verifying compliance with these requirements shall be submitted.

(f)

Land development projects located in Chesapeake Bay Preservation or Reservoir Protection areas shall comply with the ordinance provisions affecting those respective ordinances.

(Ord. No. 4669-94)

Sec. 37.1-36. - Stormwater management plan requirements.

(a)

Except as provided for in section 37.1-31(b) of this article, no land-disturbing, grading, building, or other permit shall be issued for land development unless a stormwater management plan has been submitted to and approved by the director.

(b)

The following information, where applicable, shall be required for each proposed project subject to review under this article. All maps, plans, designs, narratives and calculations shall be certified by a professional engineer or Class III B surveyor. The director may require additional information as may be necessary to properly review the land development plan.

(1)

General description of the project.

(2)

General description of the erosion and sediment controls.

(3)

General description of temporary and permanent stormwater management facilities.

(4)

Project schedule, including a sequence of construction.

(5)

General description of maintenance plan for stormwater management facilities.

(6)

A boundary map of the drainage area tributary to the project site.

(7)

The location of the project relative to significant features in the general surroundings such as roads, pedestrian ways, access to the site, adjacent land uses, property lines, existing manmade structures, public facilities, landmarks, and places of architectural and historical significance.

(8)

Existing contours at two-foot intervals, extending a minimum of two hundred (200) feet beyond the limits of the proposed development.

(9)

Streams, lakes, ponds, existing drainage swales, wetlands, forested areas and other physical features within or adjacent to the project area.

(10)

Unique, unusual, or environmentally sensitive features that provide particular opportunities or constraints for development.

(11)

Locations of existing and proposed utilities, sewers and water lines.

(12)

Soil types and boundaries and locations of areas with steep slopes or highly erodible soils.

(13)

Alterations in the natural terrain, cover, and grade including lawns and other landscaping.

(14)

Areas to be cut or filled.

(15)

The location of proposed buildings, roads, parking areas, and other permanent structures.

(16)

Final contours at two-foot intervals, extending a minimum of two hundred (200) feet beyond the limits of the proposed development.

(17)

All stormwater management facilities must be shown on the plan, including details, plan, profile, and cross sections.

(18)

If infiltration facilities are proposed, the locations of existing and proposed wells and septic system drain fields must be shown.

(19)

Comprehensive hydrologic and hydraulic design calculations, including all assumptions and criteria, for the pre-development and post-development conditions for the design storms specified in this article.

(20)

A soils report and boring logs.

(21)

A maintenance plan indicating the person responsible for maintenance of the stormwater management facilities and a maintenance program for the proposed stormwater management facilities.

(22)

An analysis showing the pre-existing total amount of phosphorous, nitrogen and sediment in the runoff from the developed area.

(23)

An analysis showing onsite or offsite facilities that are calculated to result in reduction of phosphorous, nitrogen and sediment to bring the total within the limits of the Virginia Stormwater Regulation and the Chesapeake Bay Total Maximum Daily Load.

(24)

If the calculations indicate that this may be done, a proposal for purchase of stormwater nonpoint nutrient offsets, as set out in section 37.1-37.1 below.

(Ord. No. 4669-94; Ord. No. 6807-11, § 1)

Editor's note—

Ord. No. 6807-11 shall be in effect on and after July 1, 2011.

Sec. 37.1-37. - Plan approval and conditions of approval.

(a)

The stormwater management plan required by this article shall be included as part of the submission requirement by site plan or subdivision ordinance plan submittal requirements. The city shall review and approve or disapprove the plan within the timeframes specified in those respective ordinances. The city may request an additional sixty (60) days for the review period upon notification to the applicant.

(b)

The applicant shall comply with all applicable requirements of the approved plan and the local program and shall certify in writing that all land clearing, construction, land development and drainage will be done according to the approved plan.

(c)

The land development project shall be conducted only within the area specified in the approved plan.

(d)

The director shall be allowed to conduct periodic inspections of the project. The owner, occupier or operator shall be given the opportunity to accompany the director.

(e)

No transfer, assignment or sale of the rights granted by virtue of an approved plan shall be made unless a written notice of transfer is filed with the city and the transferee certifies agreement to comply with all obligations and conditions of the approved plan.

(f)

No changes may be made to an approved plan without review and written approval by the city.

(g)

An exception from this article may be granted, provided that: (i) exceptions to the criteria are the minimum necessary to afford relief, and (ii) reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the purpose and intent of this article is preserved. Economic hardship is not sufficient reason to grant an exception from the requirements of this article. A request for an exception to the requirements of this article shall be submitted in writing to the director.

(h)

The applicant or aggrieved party authorized by law may appeal to the circuit court a locality's decision of approval or disapproval of a stormwater management plan within thirty (30) days after the rendering of such a decision.

(Ord. No. 4669-94)

Sec. 37.1-37.1. - Stormwater nonpoint nutrient offsets.

(a)

As used in this section:

Nonpoint nutrient offset means nutrient reductions certified as nonpoint nutrient offsets under the Chesapeake Bay Watershed Nutrient Exchange Program (§ 62.1-44.19:12 et seq.).

Tributary has the same meaning as in Virginia Code § 62.1-44.19:13.

(b)

The City of Newport News, through its approval of the stormwater management plan, may allow compliance with stormwater nonpoint nutrient runoff water quality criteria established pursuant to Virginia Code § 10.1-603.4, in whole or in part, through the use of acquisition of nonpoint nutrient offsets in the same tributary.

(c)

Nonpoint nutrient offsets will not be allowed to address water quantity control requirements. Nonpoint nutrient offsets or other off-site options shall not be used in contravention of local water quality-based limitations: (i) consistent with determinations made pursuant to subsection B of Virginia Code § 62.1-44.19:7, (ii) contained in a municipal separate storm sewer system (MS4) program plan approved by the state, or (iii) as otherwise may be established or approved by the soil and water control board.

(d)

Nonpoint nutrient offsets off-site options may only be used in the stormwater management plan when the:

(1)

The applicant demonstrates to the satisfaction of the director of engineering, or designee, that (i) alternative site designs have been considered that may accommodate on-site best management practices, (ii) on-site best management practices have been considered in alternative site designs to the maximum extent practicable, (iii) appropriate on-site best management practices will be implemented, and (iv) full compliance with postdevelopment nonpoint nutrient runoff compliance requirements cannot practicably be met on site. For purposes of this subdivision, if an applicant demonstrates on-site control of at least seventy-five (75) percent of the required phosphorous nutrient reductions, the applicant shall be deemed to have met the requirements of clauses (i) through (iv);

(2)

Less than five (5) acres of land will be disturbed; or

(3)

The postconstruction phosphorous control requirement is less than 10 pounds per year.

(e)

Documentation of the acquisition of nonpoint nutrient offsets by the person proposing the stormwater management plan shall be provided to the permit issuing authority in a certification from an offset broker documenting the number of phosphorus nonpoint nutrient offsets acquired and the associated ratio of nitrogen nonpoint nutrient offsets at the offset generating facility. The offset broker shall pay the city a water quality enhancement fee equal to six (6) percent of the amount paid by the permittee for the nonpoint nutrient offsets. Such fee shall be deposited into the stormwater utility fund, and such fees shall be used solely by the city for inspection and maintenance of stormwater best management practices, stormwater educational programs, or programs designed to protect or improve local water quality.

(f)

Nonpoint nutrient offsets used pursuant to subsection (b) shall be generated in the same or adjacent eight-digit hydrologic unit code as defined by the United States Geological Survey as the permitted site. Nonpoint nutrient offsets outside the same or adjacent eight-digit hydrologic unit code may only be used if it is determined by the director of engineering, or designee, that no nonpoint nutrient offsets are available within the same or adjacent eight-digit hydrologic unit code when the permit issuing authority accepts the final site design. In such cases, and subject to other limitations imposed in this section, nonpoint nutrient offsets generated within the same tributary may be used. In no case shall nonpoint nutrient offsets from another tributary be used.

(g)

For that portion of a site's compliance with stormwater nonpoint nutrient runoff water quality criteria being obtained through nonpoint nutrient offsets, the director of engineering, or designee, shall (i) use a 1:1 ratio of the nonpoint nutrient offsets to the site's remaining postdevelopment nonpoint nutrient runoff compliance requirement and (ii) assure that the nonpoint nutrient offsets are secured in perpetuity.

(h)

The city may not grant an exception to, or waiver of, postdevelopment nonpoint nutrient runoff compliance requirements unless off-site options have been considered and found not available.

(i)

Priority shall be given to the use of nonpoint nutrient offsets unless the director of engineering requires a pro-rata share payment plan pursuant to the code of the City of Newport News, Appendix B—Subdivision Regulations, Section 4.01.7 or to the Regional BMP Water Quality Banking Program Policy, as revised, adopted by Resolution No. 9418-99 adopted by the city council. In the case of a phased project, the permittee may acquire or achieve the off-site nutrient reductions prior to the commencement of each phase of the land-disturbing activity in an amount sufficient for each such phase.

(j)

The director of engineering will allow incorporation into or amendment to the stormwater management plan to reflect full or partial substitution of nonpoint nutrient offsets for existing on-site nutrient controls when (i) the nonpoint nutrient offsets will compensate for ten (10) or fewer pounds of the annual phosphorous requirement associated with the original land-disturbing activity or (ii) existing on-site controls are not functioning as anticipated after reasonable attempts to comply with applicable maintenance agreements or requirements and the use of nonpoint nutrient offsets will account for the deficiency. The party responsible for maintenance shall be released from maintenance obligations related to the on-site phosphorous controls for which the nonpoint nutrient offsets are substituted.

(k)

To the extent available, with the consent of the proposer of the stormwater management plan,, the director of engineering may include the use of nonpoint nutrient offsets or other off-site measures in resolving enforcement actions to compensate for (i) nutrient control deficiencies occurring during the period of noncompliance and (ii) permanent nutrient control deficiencies.

(l)

This section shall not be construed as limiting the authority established under Virginia Code § 15.2-2243; however, under any pollutant loading pro rata share program established thereunder, the subdivider or developer shall be given appropriate credit for nutrient reductions achieved through nonpoint nutrient offsets or other off-site options.

(Ord. No. 6807-11, § 1)

Editor's note—

Ord. No. 6807-11 shall be in effect on and after July 1, 2011.

Sec. 37.1-38. - Construction inspections.

(a)

The director shall make regular inspections during all phases of construction of stormwater management facilities.

(b)

The applicant shall notify the director forty-eight (48) hours prior to the commencement of any activity covered by this article so that appropriate inspections can be made to insure compliance with this article.

(c)

Inspection reports shall be maintained as part of the land development project file.

(Ord. No. 4669-94)

Sec. 37.1-39. - Maintenance.

(a)

Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each parcel the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance.

(b)

In the case of developments where subdivision lots are to be sold, permanent arrangements satisfactory to the director shall be made to insure continued performance of these obligations.

(c)

In the event that the stormwater management facilities are in need of maintenance or become a danger to public safety or public health, the property owner shall be notified in writing, advised of the corrective measures required, and given a reasonable period of time to take necessary action. If the property owner fails or refuses to perform such maintenance and repair, the city has the authority to perform the work and to recover the costs from the responsible person.

(d)

To ensure proper performance of the stormwater management facility between scheduled maintenance operations, the owner is responsible for inspecting the stormwater management facility on a semi-annual basis and after any storm which causes the capacity of the facility to be exceeded.

(e)

Right-of-entry agreements or easements may be required from the applicant for purposes of inspection and maintenance by the director.

(Ord. No. 4669-94)

Sec. 37.1-40. - Enforcement.

(a)

If it is determined that there is a failure to comply with the approved plan, notice shall be served upon the property owner by registered or certified mail to the address specified in the application or plan certification, or by delivery at the land development site to the agent or employee supervising such activities.

(b)

The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed.

(c)

Upon failure to comply within the time specified, the permit or approval may be revoked and the property owner shall be deemed to be in violation of this article.

(d)

Any person who violates any provision of this article shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment for each violation, or both, as provided for in Section 10.1-603.14 of the Code of Virginia.

(e)

The director may apply to the circuit court to enjoin a violation or a threatened violation of this article as provided for in Section 10.1-603.14 of the Code of Virginia without the necessity of showing that an adequate remedy at law does not exist.

(f)

Without limiting the remedies which may be obtained in this section, the director may bring a civil action against any person for violation of this article, or any condition of the permit or approval, or any provision of the local program. The action may seek to impose of a civil penalty of not more than two thousand dollars ($2,000.00) for each violation as provided for in Section 10.1-603.14 of the Code of Virginia.

(g)

With the consent of any person who has violated or failed, neglected or refused to obey this article or any condition of the permit or approval or any provision of the local program, the director may issue an order against or to such person for the payment of civil charges for violations in specific sums not to exceed the limit specified in subsection (f) of this section as provided for in Section 10.1-603.14 of the Code of Virginia. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection (f).

(Ord. No. 4669-94)

Secs. 37.1-41—37.1-45. - Reserved.