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
State Water Control Law;
2. Issuing
special orders in accordance with the State Water Control Law;
3. Issuing emergency special orders in
accordance with the State Water Control Law;
4. Seeking injunction, mandamus, or other
appropriate remedy as authorized by the State Water Control Law;
5. Seeking civil penalties under the State
Water Control Law; or
6. Seeking
remedies under the State Water Control Law or 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; 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. 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:
1. The 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 B 3 of this
subsection, a special order may be issued by agreement without further notice
when a hearing has been scheduled to issue a special order to the affected
owner, whether or not the hearing is actually held.
Statutory Authority: §
62.1-44.15:28 of the Code of
Virginia; Chapters 68 and 758 of the 2016 Acts of
Assembly.
