Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department of Health
Chapter 590. Waterworks Regulations
10/2/2023

12VAC5-590-110. Enforcement.

A. Notice. Whenever the department has reason to believe that a violation of Title 32.1 of the Code of Virginia or of any section of this chapter may have occurred or may be occurring, the department shall notify the alleged violator. The notice shall (i) be in writing; (ii) cite the statute or regulations that are allegedly being violated; (iii) state the facts that form the basis for believing that the violation may have occurred or may be occurring; and (iv) include information on the process for obtaining a final decision or fact finding from the department on whether or not a violation has occurred. This notification is not an official finding, case decision, or adjudication but may include a request to the owner to respond timely and to take specific corrective action by a stated deadline.

B. Orders. Pursuant to § 32.1-26 of the Code of Virginia, the board may issue orders to require any owner to comply with the provisions of any law administered by it, the commissioner, or the department; any regulations promulgated by the board, including any section of this chapter; or any case decision of the board or commissioner. The commissioner, acting on behalf of the board when it is not in session, will sign the order, and the order may require:

1. The immediate cessation or correction of the violation;

2. The acquisition or use of additional equipment, supplies, or personnel to ensure that the violation does not recur;

3. The submission of a plan to prevent future violations;

4. The submission of an application for a variance or exemption;

5. Any other corrective action deemed necessary for proper compliance with this chapter; or

6. An evaluation and approval of the required submissions, if appropriate.

C. Compliance with effective orders and this chapter. The commissioner may act as the agent of the board to enforce all effective orders and this chapter. Should any owner fail to comply with any effective order or this chapter, the commissioner may:

1. Institute an administrative proceeding to revoke the owner's permit in accordance with 12VAC5-590-320 and § 32.1-174 of the Code of Virginia or other appropriate administrative remedies;

2. Request the criminal prosecution by a Commonwealth's attorney with the appropriate jurisdiction in accordance with § 32.1-27 of the Code of Virginia;

3. Request civil action by the Attorney General to impose a civil penalty, seek injunctive relief, or other appropriate legal remedies pursuant to §§ 32.1-27 and 32.1-176 of the Code of Virginia; or

4. Do any combination of subdivision C 1, C 2, or C 3 of this section.

D. Special order. Pursuant to § 32.1-175.01 of the Code of Virginia, the commissioner may, after an informal fact-finding proceeding held in accordance with § 2.2-4019 of the Code of Virginia, issue a special order that may include a civil penalty against an owner who violates the Public Water Supplies Law, §§ 32.1-167 through 32.1-176 of the Code of Virginia, this chapter, or any order of the board.

E. Graduated enforcement actions. Nothing in this section shall prevent the commissioner or department from making efforts to obtain voluntary compliance through conference, warning, or other appropriate means before issuance of an order, instituting an administrative proceeding, or requesting an action by a Commonwealth's Attorney or the Attorney General.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.

Historical Notes

Derived from VR355-18-003.06 § 1.12, eff. August 1, 1991; amended, Virginia Register Volume 9, Issue 17, eff. June 23, 1993; Volume 37, Issue 20, eff. June 23, 2021.

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