Section 50. Enforcement, inspections, and right of entry  


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  • A. Any person violating any requirement of this chapter, except for those enforced by the U.S. Department of Transportation and the U.S. Coast Guard, is liable for a civil penalty of not more than $25,000 per violation. Each day of a continuing violation is a separate violation.

    B. The owner or operator of a receiving facility or a vessel shall allow the director or his designee, upon presentation of appropriate credentials or other documents as may be required by law, to:

    1. Enter at reasonable times upon any premises where a regulated facility or activity is located or conducted, or where records must be kept under the provisions of this chapter;

    2. Have access to and copy, at reasonable times, any records that must be kept under the provisions of this chapter;

    3. Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the provisions of this chapter; and

    4. Sample or monitor at reasonable times, for the purposes of assuring compliance with the provisions of this chapter.

    C. The regulations of the U.S. Department of Transportation and the U.S. Coast Guard are enforced by those federal agencies. Information on possible violations of federal rules will be referred to the federal agency for enforcement.

Historical Notes

Derived from Volume 19, Issue 19, eff. July 2, 2003.

Statutory Authority

§§ 10.1-1402 and 10.1-1454.1 of the Code of Virginia.