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deseFibed . Virginia Cod e § 10.1 56' defined in this chapter, in charge of and <br />• responsible for carrying out the land disturbing activity. <br />• <br />Sec. 10-40. Inspection and monitoring. <br />(a) As a condition of approval of an erosion and sediment control plan, the program <br />authority may require the owner to monitor and report to the program authority as provided herein: <br />(1) Any monitoring conducted shall be for the purpose of ensuring compliance with the <br />erosion and sediment control plan, and to determine whether the measures required in <br />the plan are effective in controlling erosion and sediment. <br />(2) The condition requiring monitoring and reporting shall state: (i) the method and <br />frequency of such monitoring, and (ii) the format of the report and the frequency for <br />submitting reports. <br />(b) The program authority shall inspect any land disturbing activity or erosion impact area as <br />provided herein: <br />(1) The program authority shall conduct periodic inspections of land disturbing activities <br />and erosion impact areas to determine compliance with the approved erosion and <br />sediment control plan, and to determine whether such approved plan and permit as <br />implemented are adequate to satisfy the requirements of this article. <br />(2) Except as provided in paragraph (3), below, inspections shall be conducted (i) during or <br />immediately following initial installation of erosion and sediment controls; (ii) at times <br />aridieated by state con a ' at least once in every two-week period; iii <br />within 48 hours following any runoff producim> storm event and (4iiv) upon completion <br />of the land development project prior to the release of any surety. The inability of the <br />program authority to conduct inspections within the time periods set forth within this <br />paragraph shall not be deemed to be a failure of the program authority to perform a <br />mandatory duty or a ministerial function, and no liability to the city, the program <br />authority, or to any official or employee thereof shall arise therefrom. <br />(3) Notwithstanding paragraph (2), above, the program authority is authorized to establish an <br />alternative inspection program which ensures compliance with an approved erosion and <br />sediment control plan. Such alternative inspection program shall be: (i) approved by the <br />Virginia Soil and Water Conservation Board prior to implementation; (ii) established in <br />writing; (iii) based on a system of priorities which, at a minimum, address the amount of <br />disturbed project area, site conditions, and stage of construction; (iv) documented by <br />inspection records; and (v) maintained and available for public review in the department <br />of neighborhood development services. <br />(4) The program authority shall have the right to enter upon property subject to an erosion <br />and sediment control plan for the purposes of conducting an inspection as provided in <br />this section or an investigation pertaining to an erosion or sedimentation complaint. The <br />owner shall be given notice of the inspection. Such notice may be either verbal or in <br />writing. <br />• (5) The fees required for inspections conducted pursuant to this section are part of the <br />