§ 3.2-500. Definitions
As used in this chapter, unless the context requires a different meaning: “Farmer” means any person who derives at least 75 percent of his gross income from a farming operation in the Commonwealth as reported on his federal income tax forms the previous year, or a farmer who receives or is eligible to receive a […]
§ 3.2-501. Declaration by Governor
The provisions of this chapter shall be effective from the time that the Governor makes a request pursuant to Section 301 of Public Law 93-288, 42 U.S.C. § 5141, until the Governor declares that the effects of the disaster have been abated. 1978, c. 837, § 3.1-22.16; 2008, c. 860.
§ 3.2-502. Administration
The Commissioner shall establish administrative procedures necessary to give effect to this chapter including the adoption of regulations. 1978, c. 837, § 3.1-22.21; 2008, c. 860.
§ 3.2-404. Right of entry; court enforcement
A. The district or the Commissioner may enter land that is the subject of a complaint, after notice to the owner or operator, to determine whether the agricultural activity is causing or will cause pollution of state waters. B. Upon failure of any owner or operator to allow the Commissioner entry in accordance with subsection […]
§ 3.2-405. Appeal
Decisions of the Commissioner may be appealed by persons aggrieved to the Board and thereafter to the circuit court in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The imposition of any civil penalty shall be suspended pending such appeals. 1996, c. 773, § 10.1-559.6; 2008, c. 860.
§ 3.2-406. Penalties; injunctions; enforcement actions
A. Any person violating § 3.2-403 or 3.2-404 shall be subject to a civil penalty not to exceed $5,000 for every violation assessed by the Commissioner or Board. Each day the violation continues is a separate offense. Payments to satisfy such penalties shall be deposited in a nonreverting, special fund to be used by the […]
§ 3.2-407. Liens
If a person who is required to pay a civil penalty under this chapter fails to do so, the Commissioner may transmit a true copy of the order assessing such penalty to the clerk of the circuit court of any county or city wherein it is ascertained that the person owing such penalty has any […]
§ 3.2-408. Guidelines to be published by Commissioner; report
A. In consultation with the districts, the Department of Conservation and Recreation, and interested persons, the Commissioner shall develop guidelines for the implementation of this chapter. These guidelines shall address, among other things, the conduct of investigations, sources of assistance for owners and operators, and intergovernmental cooperation. Within 90 days of the effective date of […]
§ 3.2-401. Exclusions from chapter
This chapter shall not apply to any agricultural activity to which (i) Article 12 (§ 10.1-1181.1 et seq.) of Chapter 11 of Title 10.1 or (ii) a water-related permit issued by the Department of Environmental Quality applies. 1996, c. 773, § 10.1-559.2; 2008, c. 860; 2022, c. 356.
§ 3.2-402. Complaint; investigation; agricultural stewardship plan
A. After April 1, 1997, upon receiving a complaint, unless the complaint was made anonymously, the Commissioner shall request that the directors of the district where the land lies determine the validity of the information within 21 days. The Commissioner may investigate or ask the directors of the district to investigate an anonymous complaint. B. […]