Section 110. Enforcement

All waterworks must be operated in compliance with the requirements as set forth in this chapter as follows:

1. Whenever the commissioner, his appointed representative, or the division has reason to believe that a violation of Title 32.1 or of any of this chapter has or is occurring, the division shall so notify the alleged violator. Such notice shall be in writing, shall cite the statute, regulation or regulations that are allegedly being violated, and shall state the facts which form the basis for believing that the violation has occurred or is occurring. A notice of violation may be accompanied by a request that certain corrective action be taken.

2. Pursuant to § 32.1-26 of the Code of Virginia, the commissioner may issue orders to require any owner to comply with the provisions of Title 32.1 of the Code of Virginia or this chapter. The order shall be signed by the commissioner and may require:

a. The immediate cessation or correction of the violation;

b. The acquisition or use of additional equipment, supplies or personnel to ensure that the violation does not recur;

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

d. The submission of an application for a variance or exemption;

e. Any other corrective action deemed necessary for proper compliance with the chapter; or

f. Division review and approval, if appropriate, of the required submissions.

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

a. Institute a proceeding to revoke the owner's permit in accordance with 12VAC5-590-320;

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

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

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

e. Do any combination of the above.

4. Nothing in this section shall prevent the commissioner or the division from taking action prior to issuing an order from making efforts to obtain voluntary compliance through conference, warning, or other appropriate means.

5. Hearing as a matter of right (see 12VAC5-590-180).

Historical Notes

Derived from VR355-18-003.06 § 1.12, eff. August 1, 1991; amended, Volume 09, Issue 17, eff. June 23, 1993.

Statutory Authority

§§ 32.1-12 and 32.1-170 of the Code of Virginia.