Virginia Erosion and Stormwater Management Program authority; right of entry, performance bond.

Plain English Breakdown

The official source material only specifies the removal of performance bond requirements and does not provide details about enforcement practices or additional entry rights beyond this requirement.

Virginia Erosion and Stormwater Management Program Authority Changes

This bill removes the requirement for performance bonds before Virginia's erosion and stormwater management program authorities can enter private property.

What This Bill Does

• Removes the need for a VESMP authority to have a financial guarantee like a bond or cash deposit before entering private property.

Who It Names or Affects

• VESMP authorities who manage erosion and stormwater control programs.
• Property owners whose actions may affect stormwater runoff or soil erosion.

Terms To Know

VESMP

Virginia Erosion and Stormwater Management Program, which oversees rules to prevent soil erosion and manage stormwater.

Performance bond

A financial guarantee that ensures a person or company will follow certain rules or complete tasks as agreed upon.

Limits and Unknowns

• The bill does not specify what happens if an owner refuses to let VESMP authorities enter their property.
• It is unclear how this change will affect the enforcement of stormwater management rules in practice.

Official Summary Text

Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond.
Removes the requirement for a Virginia Erosion and Stormwater Management Program (VESMP) authority to have a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement in order to enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.

Current Bill Text

A BILL to amend and reenact §
62.1-44.15:39
of the Code of Virginia, relating to Virginia Erosion and Stormwater Management Program authority; right of entry; performance bond.

Be it enacted by the General Assembly of Virginia:

1. That §
62.1-44.15:39
of the Code of Virginia is amended and reenacted as follows:

§
62.1-44.15:39
. Right of entry.

In addition to the Board's authority set forth in §
62.1-44.20
, a locality serving as a VESMP authority or as an operator of a regulated municipal separate storm sewer system or any duly authorized agent thereof may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this article. For operators of regulated municipal separate storm sewer systems that are not a locality or any duly authorized agent thereof, this authority shall apply only to those properties from which a discharge enters their municipal separate storm sewer systems.

In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement, a

A

VESMP authority may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by conditions imposed by the VESMP authority on a land-disturbing activity when an owner, after proper notice, has failed to take acceptable action within the time specified.