§ 10.1-559.5. (Repealed effective October 1, 2008) Right of entry; court enforcement
A. The district or the Commissioner or his designee may enter land which is the subject of a complaint, after notice to the owner or operator, to determine whether the agricultural activity is causing or will cause pollution of state waters.
B. Upon failure of any owner or operator to allow the Commissioner or his designee entry in accordance with subsection A, to implement stewardship measures in the time specified in a corrective order, or to maintain stewardship measures in accordance with subsection E of § 10.1-559.3, the Commissioner may present to the circuit court of the county or city in which the land is located, a petition asking the court to require the owner or operator to allow the Commissioner or his designee entry or to carry out such measures within a specified time. If the owner or operator fails to implement the stewardship measures specified in the court order, the Commissioner or his representative may enter the land involved and implement the measures. The Commissioner shall have the authority to recover the costs of implementing the stewardship measures from the owner or operator.
(1996, c. 773; 2000, c. 973.)Sections: Previous 10.1-557 10.1-558 10.1-559 10.1-559.1 10.1-559.2 10.1-559.3 10.1-559.4 10.1-559.5 10.1-559.6 10.1-559.7 10.1-559.8 10.1-559.9 10.1-559.10 10.1-559.11 10.1-560 Next
Last modified: April 16, 2009