{"law_id":"794971","section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","history":"1996, c. 773, \u00a7 10.1-559.3; 2000, c. 973; 2008, c. 860.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/3.2-402\/","refers_to":false,"url":"\/3.2-402\/","token":"3.2\/I\/4\/3.2-402","structure":{"1":{"id":"2625","name":"Agricultural Stewardship","identifier":"4","label":"chapter","url":"\/3.2\/I\/4\/"},"2":{"id":"84","name":"General Provisions; Protection And Promotion Of Agriculture","identifier":"I","label":"subtitle","url":"\/3.2\/I\/"},"3":{"id":"18","name":"Agriculture, Animal Care, And Food","identifier":"3.2","label":"title","url":"\/3.2\/"}},"referred_to_by":[{"id":"775481","section_number":"3.2-409","catch_line":"Ordinances","url":"\/3.2-409\/"}],"edition_id":"11","section_id":"794971","structure_id":"2625","full_text":"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.\r\rB The district chairman may, on behalf of the district, act upon or reject the Commissioner’s request. If the district declines to act, it shall within five days so advise the Commissioner, who shall determine the validity of the complaint.\r\rC If, after investigating a complaint, the Commissioner determines that substantial evidence exists to prove that an agricultural activity is creating or will create pollution, the Commissioner shall notify the owner or operator by registered mail, return receipt requested. If, after investigation, the Commissioner determines that the pollution is a direct result of unusual weather events or other exceptional circumstances that could not have been reasonably anticipated, or determines that the pollution is not a threat to human health, animal health, or aquatic life, water quality or recreational or other beneficial uses, the Commissioner may forego any additional action. Copies of the notice shall be sent to the district where the agricultural activity is located. The notice shall state that, within 60 days of the receipt of the notice, the owner or operator shall submit to the Commissioner and district an agricultural stewardship plan that includes stewardship measures needed to prevent or cease the pollution. The district shall review the plan and, if the plan includes such measures, the Commissioner shall approve the plan within 30 days after he receives it. Upon approving the owner’s or operator’s plan, the Commissioner shall inform the owner or operator and the complainant that a plan has been approved. The owner or operator shall begin implementing the approved agricultural stewardship plan within six months of the date that the owner or operator received the notice that the agricultural activity is creating or will create pollution.\r\rD The plan shall include an implementation schedule, and implementation of the plan shall be completed within a period specified by the Commissioner, based upon the seasons and other temporal considerations so that the period is that during which the possibility of success in establishment or construction of the measures required in the plan is the greatest, which shall not exceed 18 months from receipt of notice. The Commissioner may grant an extension of up to 180 days if: (i) a hardship exists; and (ii) the request for an extension was made not later than 60 days before the scheduled completion date. The Commissioner shall, within 30 days of receiving the request, inform the owner or operator whether or not an extension has been granted.\r\rE After implementing the approved plan according to the provisions of this chapter, the owner or operator shall maintain the stewardship measures established pursuant to the plan. The owner or operator may change the agricultural activity so long as the Commissioner is notified.\r\rF If the Commissioner determines that substantial evidence does not exist to prove that an agricultural activity is creating or will create pollution or that any pollution was caused by unusual weather events or other exceptional circumstances or that the pollution is not a threat to human health, animal health, or aquatic life or recreational or other beneficial uses, he shall inform the complainant and the owner or operator of his determination. Upon approving the owner’s or operator’s agricultural stewardship plan, the Commissioner shall inform the owner or operator and the complainant that a plan has been approved.\r\r","text":{"0":{"id":"2566041","text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2566042","text":"The district chairman may, on behalf of the district, act upon or reject the Commissioner’s request. If the district declines to act, it shall within five days so advise the Commissioner, who shall determine the validity of the complaint.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2566043","text":"If, after investigating a complaint, the Commissioner determines that substantial evidence exists to prove that an agricultural activity is creating or will create pollution, the Commissioner shall notify the owner or operator by registered mail, return receipt requested. If, after investigation, the Commissioner determines that the pollution is a direct result of unusual weather events or other exceptional circumstances that could not have been reasonably anticipated, or determines that the pollution is not a threat to human health, animal health, or aquatic life, water quality or recreational or other beneficial uses, the Commissioner may forego any additional action. Copies of the notice shall be sent to the district where the agricultural activity is located. The notice shall state that, within 60 days of the receipt of the notice, the owner or operator shall submit to the Commissioner and district an agricultural stewardship plan that includes stewardship measures needed to prevent or cease the pollution. The district shall review the plan and, if the plan includes such measures, the Commissioner shall approve the plan within 30 days after he receives it. Upon approving the owner’s or operator’s plan, the Commissioner shall inform the owner or operator and the complainant that a plan has been approved. The owner or operator shall begin implementing the approved agricultural stewardship plan within six months of the date that the owner or operator received the notice that the agricultural activity is creating or will create pollution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2566044","text":"The plan shall include an implementation schedule, and implementation of the plan shall be completed within a period specified by the Commissioner, based upon the seasons and other temporal considerations so that the period is that during which the possibility of success in establishment or construction of the measures required in the plan is the greatest, which shall not exceed 18 months from receipt of notice. The Commissioner may grant an extension of up to 180 days if: (i) a hardship exists; and (ii) the request for an extension was made not later than 60 days before the scheduled completion date. The Commissioner shall, within 30 days of receiving the request, inform the owner or operator whether or not an extension has been granted.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1},"4":{"id":"2566045","text":"After implementing the approved plan according to the provisions of this chapter, the owner or operator shall maintain the stewardship measures established pursuant to the plan. The owner or operator may change the agricultural activity so long as the Commissioner is notified.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1},"5":{"id":"2566046","text":"If the Commissioner determines that substantial evidence does not exist to prove that an agricultural activity is creating or will create pollution or that any pollution was caused by unusual weather events or other exceptional circumstances or that the pollution is not a threat to human health, animal health, or aquatic life or recreational or other beneficial uses, he shall inform the complainant and the owner or operator of his determination. Upon approving the owner’s or operator’s agricultural stewardship plan, the Commissioner shall inform the owner or operator and the complainant that a plan has been approved.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1}},"ancestry":{"1":{"id":"2625","name":"Agricultural Stewardship","identifier":"4","label":"chapter","url":"\/3.2\/I\/4\/"},"2":{"id":"84","name":"General Provisions; Protection And Promotion Of Agriculture","identifier":"I","label":"subtitle","url":"\/3.2\/I\/"},"3":{"id":"18","name":"Agriculture, Animal Care, And Food","identifier":"3.2","label":"title","url":"\/3.2\/"}},"structure_contents":{"0":{"id":"789614","structure_id":"2625","section_number":"3.2-400","catch_line":"Definitions","url":"\/3.2-400\/","token":"3.2\/I\/4\/3.2-400"},"1":{"id":"774900","structure_id":"2625","section_number":"3.2-401","catch_line":"Exclusions from chapter","url":"\/3.2-401\/","token":"3.2\/I\/4\/3.2-401"},"2":{"id":"794971","structure_id":"2625","section_number":"3.2-402","catch_line":"Complaint; investigation; agricultural stewardship plan","url":"\/3.2-402\/","token":"3.2\/I\/4\/3.2-402"},"3":{"id":"774929","structure_id":"2625","section_number":"3.2-403","catch_line":"Issuance of corrective orders","url":"\/3.2-403\/","token":"3.2\/I\/4\/3.2-403"},"4":{"id":"769883","structure_id":"2625","section_number":"3.2-404","catch_line":"Right of entry; court enforcement","url":"\/3.2-404\/","token":"3.2\/I\/4\/3.2-404"},"5":{"id":"787919","structure_id":"2625","section_number":"3.2-405","catch_line":"Appeal","url":"\/3.2-405\/","token":"3.2\/I\/4\/3.2-405"},"6":{"id":"776386","structure_id":"2625","section_number":"3.2-406","catch_line":"Penalties; injunctions; enforcement actions","url":"\/3.2-406\/","token":"3.2\/I\/4\/3.2-406"},"7":{"id":"784664","structure_id":"2625","section_number":"3.2-407","catch_line":"Liens","url":"\/3.2-407\/","token":"3.2\/I\/4\/3.2-407"},"8":{"id":"790566","structure_id":"2625","section_number":"3.2-408","catch_line":"Guidelines to be published by Commissioner; report","url":"\/3.2-408\/","token":"3.2\/I\/4\/3.2-408"},"9":{"id":"775481","structure_id":"2625","section_number":"3.2-409","catch_line":"Ordinances","url":"\/3.2-409\/","token":"3.2\/I\/4\/3.2-409"},"10":{"id":"776891","structure_id":"2625","section_number":"3.2-410","catch_line":"Construction of chapter","url":"\/3.2-410\/","token":"3.2\/I\/4\/3.2-410"}},"previous_section":{"id":"774900","structure_id":"2625","section_number":"3.2-401","catch_line":"Exclusions from chapter","url":"\/3.2-401\/","token":"3.2\/I\/4\/3.2-401"},"next_section":{"id":"774929","structure_id":"2625","section_number":"3.2-403","catch_line":"Issuance of corrective orders","url":"\/3.2-403\/","token":"3.2\/I\/4\/3.2-403"},"references":[{"id":"774929","section_number":"3.2-403","catch_line":"Issuance of corrective orders","url":"\/3.2-403\/"},{"id":"769883","section_number":"3.2-404","catch_line":"Right of entry; court enforcement","url":"\/3.2-404\/"},{"id":"775481","section_number":"3.2-409","catch_line":"Ordinances","url":"\/3.2-409\/"}],"formats":{"txt":"\/3.2-402.txt","json":"\/3.2-402.json","xml":"\/3.2-402.xml"},"dublin_core":{"Title":"Complaint; investigation; agricultural stewardship plan","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-402","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nCOMPLAINT; INVESTIGATION; AGRICULTURAL STEWARDSHIP PLAN (\u00a7 3.2-402)\n\nA. After April 1, 1997, upon receiving a complaint, unless the complaint was\nmade anonymously, the Commissioner shall request that the directors of the\ndistrict where the land lies determine the validity of the information within 21\ndays. The Commissioner may investigate or ask the directors of the district to\ninvestigate an anonymous complaint.\n\nB. The district chairman may, on behalf of the district, act upon or reject the\nCommissioner’s request. If the district declines to act, it shall within\nfive days so advise the Commissioner, who shall determine the validity of the\ncomplaint.\n\nC. If, after investigating a complaint, the Commissioner determines that\nsubstantial evidence exists to prove that an agricultural activity is creating\nor will create pollution, the Commissioner shall notify the owner or operator by\nregistered mail, return receipt requested. If, after investigation, the\nCommissioner determines that the pollution is a direct result of unusual weather\nevents or other exceptional circumstances that could not have been reasonably\nanticipated, or determines that the pollution is not a threat to human health,\nanimal health, or aquatic life, water quality or recreational or other\nbeneficial uses, the Commissioner may forego any additional action. Copies of\nthe notice shall be sent to the district where the agricultural activity is\nlocated. The notice shall state that, within 60 days of the receipt of the\nnotice, the owner or operator shall submit to the Commissioner and district an\nagricultural stewardship plan that includes stewardship measures needed to\nprevent or cease the pollution. The district shall review the plan and, if the\nplan includes such measures, the Commissioner shall approve the plan within 30\ndays after he receives it. Upon approving the owner’s or operator’s\nplan, the Commissioner shall inform the owner or operator and the complainant\nthat a plan has been approved. The owner or operator shall begin implementing\nthe approved agricultural stewardship plan within six months of the date that\nthe owner or operator received the notice that the agricultural activity is\ncreating or will create pollution.\n\nD. The plan shall include an implementation schedule, and implementation of the\nplan shall be completed within a period specified by the Commissioner, based\nupon the seasons and other temporal considerations so that the period is that\nduring which the possibility of success in establishment or construction of the\nmeasures required in the plan is the greatest, which shall not exceed 18 months\nfrom receipt of notice. The Commissioner may grant an extension of up to 180\ndays if: (i) a hardship exists; and (ii) the request for an extension was made\nnot later than 60 days before the scheduled completion date. The Commissioner\nshall, within 30 days of receiving the request, inform the owner or operator\nwhether or not an extension has been granted.\n\nE. After implementing the approved plan according to the provisions of this\nchapter, the owner or operator shall maintain the stewardship measures\nestablished pursuant to the plan. The owner or operator may change the\nagricultural activity so long as the Commissioner is notified.\n\nF. If the Commissioner determines that substantial evidence does not exist to\nprove that an agricultural activity is creating or will create pollution or that\nany pollution was caused by unusual weather events or other exceptional\ncircumstances or that the pollution is not a threat to human health, animal\nhealth, or aquatic life or recreational or other beneficial uses, he shall\ninform the complainant and the owner or operator of his determination. Upon\napproving the owner’s or operator’s agricultural stewardship plan,\nthe Commissioner shall inform the owner or operator and the complainant that a\nplan has been approved.\n\nHISTORY: 1996, c. 773, \u00a7 10.1-559.3; 2000, c. 973; 2008, c. 860."}