Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department may enforce the provisions of this regulation 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;
6. Seeking remedies under the
law 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 pollutant management activity 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 will be public noticed in accordance with
Procedural Rule No. 1 - Public and Formal Hearing Procedures (9VAC25-230). 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 VPA 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 VPA 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:
1. The VPA permit
amendment does not have to go to public notice, and
2. The terms of the new consent order are the
same as issued to the previous owner.
D. Notwithstanding subdivision 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.
