3.2-404 - Right of entry; court enforcement.
§ 3.2-404. Right of entry; court enforcement.
A. The district or the Commissioner may enter land that is the subject of acomplaint, after notice to the owner or operator, to determine whether theagricultural activity is causing or will cause pollution of state waters.
B. Upon failure of any owner or operator to allow the Commissioner entry inaccordance with subsection A, to implement stewardship measures in the timespecified in a corrective order, or to maintain stewardship measures inaccordance with subsection E of § 3.2-402, the Commissioner may present tothe circuit court of the county or city where the land is located, a petitionasking the court to require the owner or operator to allow the Commissionerentry or to carry out such measures within a specified time. If the owner oroperator fails to implement the stewardship measures specified in the courtorder, the Commissioner may enter the land involved and implement themeasures. The Commissioner may recover the costs of implementing thestewardship measures from the owner or operator.
(1996, c. 773, § 10.1-559.5; 2000, c. 973; 2008, c. 860.)