Current through Register Vol. 41, No. 3, September 23, 2024
A.
General provisions shall be as follows:
1.
Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with
any condition of a permit shall be considered a violation of the Virginia Air
Pollution Control Law.
2. A permit
may be revoked or terminated prior to its expiration date if the owner does any
of the following:
a. Knowingly makes material
misstatements in the permit application or any amendments of it.
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 article.
3. The department may suspend,
under such conditions and for such period of time as the department may
prescribe, any permit for any of the grounds for revocation or termination
contained in subdivision 2 of this subsection or for any other violations of
the Regulations for the Control and Abatement of Air Pollution.
B. Penalties shall be as follows:
1. An owner who violates, fails, neglects or
refuses to obey any provision of this article or the Virginia Air Pollution
Control Law, any applicable requirement, or any permit condition shall be
subject to the provisions of § 10.1-1316 of the Virginia Air Pollution
Control Law.
2. Any owner who
knowingly violates, fails, neglects or refuses to obey any provision of this
article or the Virginia Air Pollution Control Law, any applicable requirement,
or any permit 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. Provisions for appeals shall be as
follows:
1. The department shall notify the
applicant in writing of its decision, with its reasons, to suspend, revoke or
terminate a permit.
2. Appeal from
any decision of the department under subdivision 1 of this subsection may be
taken pursuant to Part VIII (9VAC5-170-190
et seq.) of 9VAC5 Chapter 170, § 10.1-1318 of the Virginia Air Pollution
Control Law, and the Administrative Process Act.
D. The existence of a permit under this
article shall constitute a defense to a violation of any applicable requirement
if the permit contains a condition providing the permit shield as specified in
9VAC5-80-140 and if
the requirements of
9VAC5-80-140 have
been met. The existence of a permit shield condition shall not relieve any
owner of the responsibility to comply with any applicable regulations, laws,
ordinances and orders of other governmental entities having jurisdiction.
Otherwise, the existence of a permit under this article shall not constitute a
defense of a violation of the Virginia Air Pollution Control Law or the
Regulations for the Control and Abatement of Air Pollution and shall not
relieve any owner of the responsibility to comply with any applicable
regulations, laws, ordinances and orders of the governmental entities having
jurisdiction.
E. Provisions for
inspections and right of entry shall be as follows:
1. The director, as authorized under §
10.1-1307.3 of the Virginia Air Pollution Control Law and 9VAC5-20-150, 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 permits issued under this article.
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.
F. The department may enforce permits issued
under this article through the use of other enforcement mechanisms such as
consent orders and special orders. The procedures for using these mechanisms
are contained in
9VAC5-20-20 and
9VAC5-20-30 and in §§ 10.1-1307 D, 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.