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    Sec. 16.2-57. Inspections and Monitoring.

     

    Sec. 16.2-57.  Inspections and monitoring.
     
    (a)  The administrator or designee 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 applicant shall notify the City forty-eight (48) hours prior to the commencement of any activity covered by this ordinance so that appropriate inspections can be made to insure compliance with this chapter.

    (c) The  administrator  or  any  duly  authorized  agent  of  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.

    (d) 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.

    (e) The administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this ordinance, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this ordinance.

    (f) Post-construction inspections of stormwater management facilities required by the provisions of this ordinance shall be conducted by the administrator or any duly authorized agent  of  the  Administrator pursuant to the City of Lynchburg’s adopted and State Board approved inspection program, and shall occur, at minimum, at least once every five (5) years.

    (g)  Inspection reports shall be maintained as part of the land development project file.

    (h) In order to assure compliance with the provisions of this chapter, and all applicable city ordinances, state and federal laws, orders or regulations, the stormwater administrator or his agent shall have the right to inspect any property on which a stormwater maintenance facility is located, public or private, within the city at any reasonable time. In the event the stormwater administrator or his agent shall be denied access to property, the stormwater administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes (i) probable cause that a violation of this ordinance has occurred, or (ii) that the stormwater administrator or his agent has been denied access to property as part of a routine inspection program, request that the magistrate or court grant the stormwater administrator or his agent an inspection warrant to enable the stormwater administrator or his agent to enter the property for the purpose of determining whether a violation of this ordinance exists. The stormwater administrator or his agent shall make a reasonable effort to obtain consent from the owner or occupant of the subject property prior to seeking the issuance of an inspection warrant under this section. It shall be a violation of this section for any person to deny the stormwater administrator or his agent access to any property after the stormwater administrator or his agent has obtained an inspection warrant from a magistrate or a court of competent jurisdiction for the inspection of such property.  Nothing herein shall be construed to authorize the stormwater administrator or his agent to enter or inspect the interior portions of any structure situated on such property unless the inspection is reasonably necessary to verify the presence and character of a stormwater maintenance facility or control measure that the owner of the property claims to be installed therein. (Ord. No. O-01-079, 4-24-01, eff. 5-1-01; Ord. No. O-14-070, 6-10-14)