Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 170 - REGULATION FOR GENERAL ADMINISTRATION
Part V - Enforcement
Section 9VAC5-170-120 - Enforcement of regulations, permits, and orders

A. As provided in § 10.1-1186(10) of the Code of Virginia, the director has independent authority to compel compliance with the Virginia Air Pollution Control Law, regulations of the board, permits, certifications, and case decisions. However, whenever the director has reason to believe that a violation of any provision of the regulations of the board or a permit or order has occurred, he may serve notice on the suspected violator, citing the applicable provision of the regulations of the board, permit, or order and the facts on which the suspected violation is based. The director may obtain compliance through one of the enforcement proceedings provided in subdivisions 1 and 2 of this subsection.

B. Nothing in this section shall prevent the director from making efforts to obtain voluntary compliance through conference, warning or other appropriate means.

C. Orders, consent orders, delayed compliance orders, special orders, and emergency special orders are considered administrative means, and the department reserves the right to use these means in lieu of or to provide a legal basis for the enforcement of administrative means approved by the director under subsection A of this section.

D. Case decisions regarding the enforcement of regulations, orders, and permits shall be made by the director. Case decisions of the director that are made pursuant to a formal hearing may be regarded as a final decision and appealed pursuant to 9VAC5-170-200 D, with the review being on the record and not de novo with opportunity for oral argument. Case decisions of the director that are made pursuant to an informal fact finding may be appealed pursuant to 9VAC5-170-200 A.