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land-disturbing activity when a permittee, after proper notice, has failed to take acceptable action <br />within the time specified. <br />(d) Pursuant to §62.1-44.15:40 of the Code of Virginia, the Administrator may require <br />every VSMP Permit applicant or permittee, or any such person subject to VSMP Permit <br />requirements under this Chapter, to furnish when requested such application materials, plans, <br />specifications, and other pertinent information as may be necessary to determine the effect of his <br />discharge on the quality of state waters, or such other information as may be necessary to <br />accomplish the purposes of this Chapter. <br />(e) Post-construction inspections of stonnwater management facilities required by the <br />provisions of this Chapter shall be conducted by the Administrator pursuant to the City's adopted <br />and State Board approved inspection program, and shall occur, at minimum, at least once every <br />five (5) years except as may otherwise be provided for in Section 31.2-12. <br />Sec.31.2-14. Hearings. <br />(a) Any permit applicant or permittee, or person subject to the requirements of this <br />Chapter, aggrieved by any action of the City taken without a formal hearing, or by inaction of the <br />City, may demand in writing a formal hearing by the Stormwater Appeals Board, which is <br />designated by the City Council as its appeals body, provided a petition requesting such hearing is <br />filed with the Administrator within (30) days after notice of such action is given by the <br />Administrator. <br />(b) The hearings held under this Section shall be conducted by the Stormwater Appeals <br />Board at a time and place authorized by the Stormwater Appeals Board. <br />(c) A verbatim record of the proceedings of such hearings shall be taken and filed with <br />the Stormwater Appeals Board. Depositions may be taken and read as in actions at law. <br />(d) The Stormwater Appeals Board or its designated member, as the case may be, shall <br />have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall <br />issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to <br />produce documents shall be acted upon by the Stormwater Appeals Board, whose action may <br />include the procurement of an order of enforcement from the Circuit Court of the City of <br />Portsmouth. Witnesses who are subpoenaed shall receive the same fees and reimbursement for <br />mileage as in civil actions. <br />