(A) The Administrator shall periodically inspect the land-disturbing activity to ensure compliance with the approved plan and to determine whether the measures required in that plan are effective in controlling erosion and sediment resulting from the land-disturbing activity. The right of entry to conduct these inspections shall be expressly reserved in the permit. The permit holder, or his or her duly designated representative, shall be afforded the opportunity to accompany the inspectors.
(B) If the Administrator determines that the permit holder has failed to comply with the plan, the Administrator shall immediately serve upon the permit holder a notice to comply by registered or certified mail to the address specified by the permit holder in his or her permit application or in the plan certification, or by delivery at the site of the land- disturbing activities to the agent or employee supervising the activities. A copy of the notice shall also be sent to the issuer of the permit. This notice shall set forth specifically the measures needed to come into compliance with the plan and shall specify the time within which the measures shall be completed. If the permit holder fails to comply within the time specified, he or she may be subject to revocation of the permit; furthermore, he or she shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter.
(1997 Code, § 30-85) Penalty, see § 151.99
Statutory reference:
Monitoring, reports and inspections, see VA Code, §§ 10.1-566 et seq.