Virginia Law

A. Notice. Subject to the exceptions in this section, whenever the commissioner or the district or local health department has reason to believe a violation of any of this chapter has occurred or is occurring, the alleged violator shall be notified. The notice shall be made in writing, shall be delivered personally or sent by certified mail, shall cite the regulation allegedly being violated, shall state the facts that form the basis for believing the violation has occurred or is occurring, shall include a request for a specific action by the recipient by a specified time, and shall state the penalties associated with such violation. The commissioner may deem it necessary to initiate criminal prosecution or seek civil relief through mandamus, injunction, or other appropriate remedy prior to giving notice.

B. Orders. Pursuant to the authority granted in § 32.1-26 of the Code of Virginia, the commissioner may issue orders to require an owner, or other person, to comply with the provisions of this chapter. The order shall be signed by the commissioner and may require:

1. The immediate cessation and correction of the violation;

2. Appropriate remedial action to ensure that the violation does not recur;

3. The submission to the commissioner for review and approval of a plan to prevent future violations to the commissioner for review and approval;

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

5. Other corrective action deemed necessary for proper compliance with the chapter.

C. Hearing before the issuance of an order. Before the issuance of an order described in this section, a hearing must be held, with at least 30 days of notice by certified mail to the affected owner or other person of the time, place, and purpose thereof for the purpose of adjudicating the alleged violation of this chapter. The procedures at the hearing shall be in accordance with 12VAC5-630-180 A or B and the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. Order; when effective. Orders issued pursuant to this section shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of the owner or person violating this chapter.

E. Compliance with effective orders. The commissioner may enforce orders. Should any owner or other person fail to comply with any order, the commissioner may:

1. Apply to an appropriate court for an injunction or other legal process to prevent or stop any practice in violation of the order;

2. Commence administrative proceedings to suspend or revoke the construction permit;

3. Request the Attorney General to bring an action for civil penalty, injunction, or other appropriate remedy; or

4. Request the Commonwealth's Attorney to bring a criminal action.

F. Not exclusive means of enforcement. Nothing contained in 12VAC5-630-140 or this section shall be interpreted to require the commissioner to issue an order prior to commencing administrative proceedings or seeking enforcement of regulations or statute through an injunction, mandamus, other appropriate remedy, or criminal prosecution.