§ 16-3-103. Maintenance of protective measures.
   (a)   Protective measures required. A permittee shall conduct or provide for daily inspections and shall maintain continually in effective operational condition all surfaces, erosion control measures, vegetative covers, and other protective measures in accordance with the approved grading permit plans or standard grading plan until removed with the permission of the Department. Any measures that are disturbed or destroyed in the course of operations shall be immediately repaired. Any failure of a sediment control device shall be reported immediately to the Department and the device repaired and restored before development work on the site is resumed.
   (b)   Inspections. For the purpose of compliance with this section the permittee shall conduct:
      (1)   daily monitoring inspections of the approved erosion and sediment controls for each day any construction activity is underway;
      (2)   weekly inspections of the approved erosion and sediment controls for sites where no construction activities are taking place; and
      (3)   monitoring inspections of the approved erosion and sediment controls the next day after a rainfall event that results in runoff.
   (c)   Reports. During construction, the permittee shall maintain at the site written reports of all monitoring inspections and reports shall contain the following information:
      (1)   the date and time of the inspection;
      (2)   the name of the individual who performed the inspection;
      (3)   the certificate of training number of the individual who performed the inspection;
      (4)   an assessment of the conditions of the approved erosion and sediment controls;
      (5)   a description of any erosion and sediment control implementation and maintenance performed; and
      (6)   a description of the present phase of construction.
   (d)   Availability of reports. At any time during the construction the written reports must be made available to the Department for review and evaluation or submitted to the Department as may be required.
(Bill 58-10)