12 Va. Admin. Code § 5-421-3970

Current through Register Vol. 41, No. 10, December 30, 2024

Section 12VAC5-421-3970 - Enforcement of regulation

A. The department shall implement and enforce this chapter.

B. Pursuant to the authority granted in §§ 32.1-26 and 35.1-6 of the Code of Virginia, the commissioner may issue orders to require an owner or permit holder or other person to comply with the provisions of this chapter. The order may require the following:

1. The immediate cessation and correction of the violation;

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

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

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

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

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

1. Institute a proceeding to revoke the owner's or permit holder's permit in accordance with 12VAC5-421-3780;

2. Request the attorney for the Commonwealth to bring a criminal action;

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

4. Do any combination of the requirements listed in subdivisions 1, 2, or 3 of this subsection.

D. Nothing contained in this section shall be interpreted to require the commissioner to issue an order prior to seeking enforcement of any regulations or statute through an injunction, mandamus, or criminal prosecution.

E. Proceedings before the commissioner or a designee shall include any of the following types depending on the nature of the controversy and the interests of the parties involved:

1. An informal fact-finding proceeding, which is an informal conference between the department and the named party held in accordance with § 2.2-4019 of the Code of Virginia.

2. An adjudicatory hearing, which is a formal, public adjudicatory proceeding before a hearing officer as defined by § 2.2-4001 of the Code of Virginia and held in conformance with § 2.2-4020 of the Code of Virginia.

12 Va. Admin. Code § 5-421-3970

Derived from Virginia Register Volume 18, Issue 10, eff. March 1, 2002; amended, Virginia Register Volume 24, Issue 2, eff. October 16, 2007; Amended, Virginia Register Volume 32, Issue 22, eff. 7/12/2016; Amended, Virginia Register Volume 37, Issue 18, eff. 6/10/2021; Amended, Virginia Register Volume 41, Issue 7, eff. 1/2/2025.

Statutory Authority: §§ 35.1-11 and 35.1-14 of the Code of Virginia.