Section 170. Enforcement

Article 3. Enforcement

A. The director shall enforce the provisions of the Act, this chapter, 4VAC25 Chapter 160 (4VAC25-160-10 et seq.) entitled "The Virginia Gas and Oil Board Regulation," any board order, or any condition of a permit, and may use the following methods:

1. Obtaining voluntary compliance through conference, warning or other means prior to issuing any enforcement notice or order;

2. Issuing notices of violation in accordance with 4VAC25-150-180;

3. Issuing closure orders in accordance with 4VAC25-150-190;

4. Issuing show cause orders in accordance with 4VAC25-150-200;

5. Issuing emergency orders in accordance with § 45.1-361.27 D of the Code of Virginia; or

6. Any other action in accordance with the Code of Virginia.

B. The purpose of taking actions under this section is to obtain compliance with the provisions of the Act, this chapter, 4VAC25 Chapter 160 (4VAC25-160-10 et seq.) entitled "The Virginia Gas and Oil Board Regulation," any board order, or conditions of a permit.

C. Reclamation operations and other activities intended to protect the public health and safety and the environment shall continue during the period of any notice or order unless otherwise provided in the notice or order.

D. Any person found to be conducting a gas, oil or geophysical operation without a permit from the director shall be subject to enforcement for operating without a permit and for not meeting any other standards of the Act or this chapter which would be required if the person was operating under a permit.

E. Decisions of the director may be appealed to the Virginia Gas and Oil Board pursuant to § 45.1-361.23 of the Code of Virginia.

Historical Notes

Derived from VR480-05-22.1 § 1.17, eff. September 25, 1991; amended, Volume 15, Issue 02, eff. November 11, 1998.

Statutory Authority

§§ 45.1-161.3 and 45.1-361.27 of the Code of Virginia.