Section 790.12. Contents of notice

(a) Failure to act. Notice regarding a failure of the Director to perform an act or duty which is not discretionary shall contain the following:

(1) A description of the person's interest which is or may be adversely affected;

(2) The provisions of the Act which require such act or creates such duty;

(3) A specific description of the action taken or not taken by the Director which is claimed to constitute a failure to perform such act or duty; and

(4) The name and address of the person giving the notice.

(b) Violation of Act, rule, regulation, order or permit. Notices to the Director, the Secretary and alleged violators regarding an alleged violation of the Act, any regulation of this chapter, or of any permit or order issued pursuant thereto, shall contain sufficient information to enable the recipient to--

(1) Identify the specific provision of the Act, the regulation, order or permit condition which allegedly has been violated;

(2) The activity alleged to be in violation;

(3) The person or persons responsible for the alleged violation;

(4) The location of the alleged violation; and

(5) The date or dates of such violation.

(c) The notice shall also describe the interest, which is or may be adversely affected, and shall provide the name and address of the person alleging such a violation.

Historical Notes

Derived from VR480-03-19 § 790.12, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

Statutory Authority

§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.