Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 85. Coal Combustion Byproduct Regulations

9VAC20-85-60. Enforcement and appeals.

A. All administrative enforcement and appeals taken from actions of the department relative to the provisions of this chapter shall be governed by the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The owner or operator of the fossil fuel combustion products site who violates any provision of this chapter will be considered to be operating an unpermitted facility as provided for in 9VAC20-81-40 of the Solid Waste Management Regulations and shall be required to either obtain a permit as required by Part V or close under Part III of 9VAC20-81.

C. The requirement to obtain a permit or to close the project shall not preclude additional action for remediation or enforcement, including (without limitations) the assessment of civil charges or civil penalties, as is otherwise authorized by law.

Statutory Authority

§ 10.1-1402 of the Code of Virginia, 42 USC § 6941; 40 CFR Part 257.

Historical Notes

Derived from VR 672-20-20 § 2.4, eff. February 22, 1995; amended, Virginia Register Volume 23, Issue 4, eff. November 29, 2006; Volume 27, Issue 22, eff. August 3, 2011.

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