                                 CODE OF VIRGINIA

RIGHT OF ENTRY; COURT ENFORCEMENT (§ 3.2-404)

A. The district or the Commissioner may enter land that 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 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 &#xA7; 3.2-402, the Commissioner may present to
the circuit court of the county or city where the land is located, a petition
asking the court to require the owner or operator to allow the Commissioner
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 may enter the land involved and implement the measures.
The Commissioner may recover the costs of implementing the stewardship measures
from the owner or operator.

HISTORY: 1996, c. 773, § 10.1-559.5; 2000, c. 973; 2008, c. 860.