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(b) In determining whether to allow an agreement in lieu of a plan, the program authority shall include as part of its consideration the potential threat to water quality and to adjacent land resulting from the land disturbing activity. When an agreement in lieu of a plan is authorized and approved by the program authority, the program authority and the owner shall have all of the rights, responsibilities and remedies set forth in this article as though such agreement in lieu of a plan was an erosion and sediment control plan. Sec. 10-38. Amendment of approved plan. The program authority may change an approved erosion and sediment control plan, and require an owner to submit an amended plan, in the following circumstances: (1) An inspection reveals that the plan is inadequate to satisfy the requirements of this article; (2) The owner finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this article are agreed to by the program authority and the owner; or (3) The land disturbing activity was not commenced during the one hundred eighty (180) day period following plan approval, or ceased for more than one hundred eighty (180) days, and the existing plan has been evaluated to determine whether it still satisfies the requirements of this article and state erosion and sediment control criteria and to verify that all design factors are still valid, and it has been determined that the plan is inadequate. In such a case, the land disturbing activity shall not be resumed until a modified plan is submitted and approved as provided in this article. • Sec. 10-39. Duty to comply, maintain and repair. Upon approval by the program authority of an erosion and sediment control plan, each owner shall: (1) Comply with the approved plan when performing, or allowing to be performed, any land disturbing activities, or activities to correct an erosion impact area; (2) Maintain and repair all erosion and sediment control structures and systems to ensure continued performance of their intended function; (3) Comply with all requirements of this article; and (4) Have a person holding a certificate of competence, as described in Virginia Code § 10.1-561, in charge of and responsible for carrying out the land disturbing activity. Sec. 10-40. Inspection and monitoring. (a) As a condition of approval of an erosion and sediment control plan, the program authority may require the owner to monitor and report to the program authority as provided herein: (1) Any monitoring conducted shall be for the purpose of ensuring compliance with the erosion and sediment control plan, and to determine whether the measures required in the • plan are effective in controlling erosion and sediment. - 13 -