What action can the Board, DEQ, or locality VSMP authority take to ensure compliance?

The ability of the Board, DEQ, or locality VSMP authority to request the court to compel compliance is rooted in the legal framework that governs stormwater management and environmental protection. When a contractor or entity fails to adhere to the requirements set by the Virginia Stormwater Management Program (VSMP), enforcement actions are often necessary to ensure that regulations are upheld and that environmental standards are met.

By seeking a court order for compliance, these authorities can leverage the judicial system to impose corrective actions, ensuring that non-compliant parties are held accountable. This action is significant because it provides a formal and legal means to enforce compliance, which may carry more weight and urgency compared to informal requests. Court involvement may result in specific mandates that must be followed within a defined timeframe, thus providing a structured approach to achieving compliance.

In contrast, while requesting voluntary compliance and conducting on-site inspections are helpful steps for addressing minor infractions or encouraging adherence to regulations, they do not have the same legal authority or force as court enforcement. Immediate fines without court involvement also lack the due process typically required for punitive measures. Therefore, pursuing a court order is a robust mechanism that ensures compliance in a manner reflective of legal obligations and authority.