§ 7-62. Monitoring and inspections.

(a)

The administrator or any duly authorized agent of the administrator shall inspect the land disturbing activity during construction for:

(1)

Compliance with the approved ESC plan;

(2)

Compliance with the approved SWM plan;

(3)

Development, updating, and implementation of a stormwater pollution prevention plan; and

(4)

Development and implementation of any additional control measures necessary to address a TMDL.

(b)

The VSMP authority shall establish an inspection program that ensures that stormwater management facilities are being adequately maintained as designed after completion of land disturbing activities. Inspection programs shall:

(1)

Be approved by the board;

(2)

Ensure that each stormwater management facility is inspected by VSMP authority, or its designee, not to include the owner, except as provided in subsections (c) and (d) of this section, at least once every five (5) years; and

(3)

Be documented by records.

(c)

The Virginia Stormwater Management Program (VSMP) authority may utilize the inspection reports of the owner of a stormwater management facility as part of an inspection program established in subsection (b) of this section if the inspection is conducted by a person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article I (Section 54.1-400 et. seq.) of Chapter 4 of Title 54.1; a person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of competence from the board.

(d)

If a recorded instrument is not required pursuant to 9VAC25-870-112, a VSMP authority shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other method targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the VSMP authority.

(e)

The administrator or any duly authorized agent of the administrator 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 chapter.

(f)

In accordance with a performance surety with cash escrow, letter of credit, insurance bond or any combination thereof, or such other legal arrangement or instrument, the administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified.

(g)

Pursuant to § 62.1-44.15:40 of the Code of Virginia, the administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter.

(Ord. No. 12-02-16, 2-17-16)

(Ord. No. 12-02-16, 2-17-16)