Part VII. Enforcement
9VAC25-32-280. Enforcement.
A. The department may enforce the provisions of this regulation by:
1. Issuing directives in accordance with the law;
2. Issuing special orders in accordance with the law;
3. Issuing emergency special orders in accordance with the law;
4. Seeking injunction, mandamus or other appropriate remedy as authorized by the law;
5. Seeking civil penalties under the law;
6. Seeking remedies under the law or under other laws including the common law.
B. The department encourages citizen participation in all its activities, including enforcement. In particular:
1. The department will investigate citizen complaints and provide written response to all signed, written complaints from citizens concerning matters within the department's purview;
2. The department will not oppose intervention in any civil enforcement action when such intervention is authorized by statute or Supreme Court rule, or in any administrative enforcement action when authorized by the board's Procedural Rule; and
3. At least 30 days prior to the final settlement of any civil enforcement action or the issuance of any consent special order, the department will publish public notice of such settlement or order in a newspaper of general circulation in the county, city or town in which the pollutant management activity is located, and in the Virginia Register of Regulations. This notice will identify the owner, specify the enforcement action to be taken and specify where a copy of the settlement or order can be obtained. Appeals will be public noticed in accordance with Procedural Rule No. 1 - Public and Formal Hearing Procedures (9VAC25-230). A consent special order is a special order issued without a public hearing and with the written consent of the affected owner. For the purpose of this chapter, an emergency special order is not a consent special order. The department shall consider all comments received during the comment period before taking final action.
C. When a VPA permit is amended solely to reflect a new owner, and the previous owner had been issued a consent special order that at the time of VPA permit amendment was still in full force and effect, a consent special order issued to the new owner does not have to go to public notice provided that:
1. The VPA permit amendment does not have to go to public notice, and
2. The terms of the new consent order are the same as issued to the previous owner.
D. Notwithstanding subdivision 3 of this subsection, a special order may be issued by the department without further notice when a public hearing has been scheduled to issue a special order, to the affected owner, whether or not the public hearing is actually held.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 12, Issue 20, eff. July 24, 1996; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.
9VAC25-32-285. Local enforcement.
A. In the event of a dispute concerning the existence of a violation between a permittee and a locality that has adopted a local ordinance for testing and monitoring of the land application of biosolids or industrial residuals, the activity alleged to be in violation shall be halted pending a determination by the director.
B. Upon determination by the director that there has been a violation of § 62.1-44.16, 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of Virginia; of any regulation promulgated under those sections; or of any permit or certificate issued for land application of industrial residuals, and that such violation poses an imminent threat to public health, safety, or welfare, the department shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation.
C. Local governments shall promptly notify the department of all results from the testing and monitoring of the land application of biosolids or industrial residuals performed by persons employed by local governments and any violation of § 62.1-44.16, 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3 of the Code of Virginia or any permit or certificate issued for land application of industrial residuals discovered by local governments.
D. Local governments receiving complaints concerning land application of biosolids or industrial residuals shall notify the department and the permit holder within 24 hours of receiving the complaint.
Statutory Authority
§ 62.1-44.15 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 32, Issue 5, eff. January 1, 2016.