Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department may enforce the provisions of this chapter by:
1. Issuing directives in accordance with the
law;
2. Issuing special orders in
accordance with the law;
3. Issuing
emergency special orders in accordance with the law;
4. Seeking injunction, mandamus or other
appropriate remedy as authorized by the law;
5. Seeking civil penalties under the law;
or
6. Seeking remedies under the
law, the CWA or under other laws including the common law.
B. The department encourages citizen
participation in all its activities, including enforcement. In particular:
1. The department will investigate citizen
complaints and provide written response to all signed, written complaints from
citizens concerning matters within the department's purview;
2. The department will not oppose
intervention in any civil enforcement action when such intervention is
authorized by statute or Supreme Court rule; or in any administrative
enforcement action when authorized by the board's procedural rule;
and
3. At least 30 days prior to
the final settlement of any civil enforcement action or the issuance of any
consent special order, the department will publish public notice of such
settlement or order in a newspaper of general circulation in the county, city
or town in which the discharge is located, and in The Virginia Register of
Regulations. This notice will identify the owner, specify the enforcement
action to be taken and specify where a copy of the settlement or order can be
obtained. Appeals of the enforcement action will be public noticed in
accordance with Procedural Rule No. 1 (9VAC25-230-10 et seq.). A
consent special order is a special order issued without a public hearing and
with the written consent of the affected owner. For the purpose of this
chapter, an emergency special order is not a consent special order. The
department shall consider all comments received during the comment period
before taking final action.
C. When a permit is amended solely to reflect
a new owner, and the previous owner had been issued a consent special order
that, at the time of permit amendment was still in full force and effect, a
consent special order issued to the new owner does not have to go to public
notice provided that:
a. The permit amendment
does not have to go to public notice; and
b. The terms of the new consent order are the
same as issued to the previous owner.
D. Notwithstanding subdivision B 3 of this
subsection, a special order may be issued by the department without further
notice when a public hearing has been scheduled to issue a special order to the
affected owner, whether or not the public hearing is actually held.
Statutory Authority: § 62.1-44.15 of the Code of
Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123,
124, 403, and 503.
