Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 510 - NONMETALLIC MINERAL PROCESSING GENERAL PERMIT
Part III - General Permit Administrative Procedures
Section 9VAC5-510-80 - Enforcement of a general permit
Universal Citation: 9 VA Admin Code 5-510-80
Current through Register Vol. 41, No. 3, September 23, 2024
A. The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Code
of Virginia, failure to comply with any term or condition of the general permit
shall be considered a violation of the Virginia Air Pollution Control
Law.
2. Authorization to operate
under the general permit may be revoked if the owner does any of the following:
a. Knowingly makes material misstatements in
the application for coverage or any amendments thereto.
b. Violates, fails, neglects or refuses to
comply with (i) the terms or conditions of the permit, (ii) any applicable
requirements, or (iii) the applicable provisions of this chapter.
3. The department may suspend,
under such conditions and for such period of time as the department may
prescribe, any authorization to operate under the general permit for any of the
grounds for revocation contained in subdivision 2 of this subsection or for any
other violations of the regulations of the board.
4. Upon revocation of the authorization to
operate under the general permit, the owner may request reauthorization to
operate under the general permit and the department may grant the request at
its discretion upon resolution of the issues that led to revocation.
B. The following requirements apply with respect to penalties:
1. An owner
who violates or fails, neglects or refuses to obey any provision of this
chapter or the Virginia Air Pollution Control Law, any applicable requirement,
or any permit term or condition shall be subject to the provisions of §
10.1-1316 of the Virginia Air Pollution Control Law.
2. Any owner who knowingly violates any
provision of this chapter or the Virginia Air Pollution Control Law, any
applicable requirement, or any permit term or condition shall be subject to the
provisions of § 10.1-1320 of the Virginia Air Pollution Control
Law.
3. Any owner who knowingly
makes any false statement, representation or certification in any form, in any
notice or report required by a permit, or who knowingly renders inaccurate any
required monitoring device or method shall be subject to the provisions of
§ 10.1-1320 of the Virginia Air Pollution Control Law.
C. The following requirements apply with respect to appeals:
1. The
department will notify the applicant in writing of its decision, with its
reasons, to deny suspend or revoke the authorization to operate under the
general permit in accordance with the Administrative Process Act.
2. Appeal from any decision of the department
under subdivision 1 of this subsection may be taken as provided by
9VAC5-170-200, § 10.1-1318 of
the Virginia Air Pollution Control Law, and the Administrative Process
Act.
D. The following requirements apply with respect to inspections and right of entry:
1. The director, as authorized under §
10.1-1307.3 of the Virginia Air Pollution Control Law and
9VAC5-170-60, has the authority to
require that air pollution records and reports be made available upon request
and to require owners to develop, maintain, and make available such other
records and information as are deemed necessary for the proper enforcement of
the general permit.
2. The
director, as authorized under § 10.1-1307.3 of the Virginia Air Pollution
Control Law, has the authority, upon presenting appropriate credentials to the
owner, to do the following:
a. Enter without
delay and at reasonable times any business establishment, construction site, or
other area, workplace, or environment in the Commonwealth; and
b. Inspect and investigate during regular
working hours and at other reasonable times, and within reasonable limits and
in a reasonable manner, without prior notice, unless such notice is authorized
by the department or its representative, any such business establishment or
place of employment and all pertinent conditions, structures, machines,
apparatus, devices, equipment, and materials therein, and question privately
any such employer, officer, owner, operator, agent, or employee. If such entry
or inspection is refused, prohibited, or otherwise interfered with, the
department shall have the power to seek from a court having equity jurisdiction
an order compelling such entry or inspection.
E. The board may enforce the general permit through the use of other enforcement mechanisms such as consent orders and special orders. The procedures for using these mechanisms are contained in 9VAC5-170-80 and 9VAC5-170-120 and in §§ 10.1-1307D, 10.1-1309, and 10.1-1309.1 of the Virginia Air Pollution Control Law.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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