10.1-603.11 - Monitoring, reports, investigations, and inspections.
§ 10.1-603.11. Monitoring, reports, investigations, and inspections.
A. The permit issuing authority (i) shall provide for periodic inspections ofthe installation of stormwater management measures (ii) may requiremonitoring and reports from the person responsible for meeting the permitconditions to ensure compliance with the permit and to determine whether themeasures required in the permit provide effective stormwater management, and(iii) conduct such investigations and perform such other actions as arenecessary to carry out the provisions of this article. If the permit issuingauthority determines that there is a failure to comply with the permitconditions, notice shall be served upon the permittee or person responsiblefor carrying out the permit conditions by registered or certified mail to theaddress specified in the permit application, or by delivery at the site ofthe development activities to the agent or employee supervising suchactivities. The notice shall specify the measures needed to comply with thepermit conditions and shall specify the time within which such measures shallbe completed. Upon failure to comply within the time specified, the permitmay be revoked by the permit issuing authority or the Board and the permitteeor person responsible for carrying out the permit conditions shall be deemedto be in violation of this article and upon conviction shall be subject tothe penalties provided by § 10.1-603.14.
B. Notwithstanding subsection A of this section, the following may be applied:
1. Where a county, city, or town administers the local control program andthe permit issuing authority are not within the same local governmentdepartment, the locality may designate one department to inspect, monitor,report, and ensure compliance.
2. Where a permit issuing authority has been established, and such authorityis not vested in an employee or officer of local government but in thecommissioner of revenue or some other person, the locality shall exercise theresponsibilities of the permit issuing authority with respect to monitoring,reports, inspections, and enforcement unless such responsibilities aretransferred as provided for in this section.
(1989, cc. 467, 499; 2004, c. 372.)