2025 Ordinances - Laserfiche WebLink

Home Browse Search

(4) Development and implementation of any additional control measures necessary to address a TMDL. (b) The administrator or his designees may, at reasonable times and under reasonable circumstances, enter into 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 article. (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 § 62.1-44.15:40, the administrator may require every VSMP permit applicant or permittee, or any such person subject to VSMP permit requirements under this article, 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 article. (e) Post -construction inspections of stormwater management facilities required by the provisions of this article shall be conducted by the administrator or his designee pursuant to the city's adopted and state board approved inspection program, and shall occur, at minimum, at least once every five (5) years except as may be otherwise be provided for in section 11.1-14. Section 11.1-16 Hearings. (a) Any permit or applicant or permittee, or person subject to the requirements of this article, aggrieved by any action of the city taken without a formal hearing, or by inaction of the city, may demand in writing a formal hearing by the stormwater appeals board, which is designated by the city council as its appeals body, provided a petition requesting such hearing is filed with the administrator within 30 days after notice of such action is given by the administrator. (b) The hearings held under this section shall be conducted by the stormwater appeals board at a time and a place authorized by the stormwater appeals board. (c) A verbatim record of the proceedings of such hearings shall be taken and filed with the stormwater appeals board. Depositions may be taken and read as in actions at law. (d) The stormwater appeals board or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the stormwater appeals board, whose action may include the procurement of an order of enforcement from the circuit court for the City of Portsmouth. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. Section 11.1-17 Appeals. Within 30 days of the decision of the stormwater appeals board, a decision entered pursuant to section 11.1- 16 may be appealed to the circuit court for the City of Portsmouth. The petition for appeal shall be filed in writing within 30 days of the date of the decision by the stormwater appeals board and shall state clearly the grounds on which the appeal is based. Section 11.1-18 Right of Entry. (a) The city or any duly authorized agent thereof 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 article. Page 20 of 27