Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 830. Chesapeake Bay Preservation Area Designation and Management Regulations

9VAC25-830-270. Legal proceedings.

Subdivision 10 of § 62.1-44.15:69 and § 62.1-44.15:71 of the Act provide that the department shall take administrative and legal actions to ensure compliance by local governments with the provisions of the Act. Before taking legal action against a local government to ensure compliance, the department shall, unless it finds extraordinary circumstances, initiate a proceeding under the Act and 9VAC25-830-260 to obtain such compliance and give the local government at least 15 days notice of the time and place at which it will decide whether or not to take legal action. If it finds extraordinary circumstances, the department may proceed directly to request the Attorney General to enforce compliance with the Act and this chapter. Administrative actions will be taken pursuant to 9VAC25-830-260.

Statutory Authority

§§ 62.1-44.15:69 and 62.1-44.15:72 of the Code of Virginia.

Historical Notes

Former 4VAC50-90-270 and 9VAC10-20-260 derived from VR173-02-01 § 6.3, eff. September 1, 1989; amended, Virginia Register Volume 6, Issue 1, eff. October 1, 1989; Volume 7, Issue 5, eff. December 9, 1991; Volume 7, Issue 24, eff. October 1, 1991; Volume 18, Issue 9, eff. March 1, 2002; amended and renumbered, Virginia Register Volume 29, Issue 4, eff. November 21, 2012; amended and renumbered, Virginia Register Volume 30, Issue 2, eff. October 23, 2013; Volume 38, Issue 25, eff. August 31, 2022.

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