(A) The Administrator shall inspect the land disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
(3) Development, updating, and implementation of a pollution prevention plan; and
(4) Development and implementation of any additional control measures necessary to address a TMDL.
(B) 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.
(C) In accordance with a performance bond with surety, cash escrow, letter of credit, 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.
(D) Pursuant to VA Code § 62.1-44.15:40, 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 or her discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter.
(E) Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the Administrator pursuant to the locality’s adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five years except as may otherwise be provided for in § 153.10.
(F) The Administrator shall keep records in accordance with the following.
(1) Project records, including approved stormwater management plans, shall be kept for three years after state permit termination or project completion.
(2) Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection.
(3) Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed.
(4) All registration statements submitted in accordance with 9 VAC § 25-870-59 shall be documented and retained for at least three years from the date of project completion or state permit termination.
(1998 Code, § 18-61) Penalty, see § 153.99