Section 60. Enforcement and appeal procedures; offenses and penalties

A. An enforcement action commences with a notice from the department or its representative that there is information indicating that a named party (i) is or may be in violation of a law or regulation; or (ii) is not or may not be in compliance with any existing requirement for obtaining or retaining a permit or other benefit or right. The commencement of an enforcement action is not a case decision. An enforcement action ends when a case decision becomes final, either administratively or on court review.

B. All administrative enforcement actions taken under this chapter are subject to the provisions of the Waste Management Act and § 10.1-1186 of the Code of Virginia. All appeals taken from actions of the director relative to the provisions of § 10.1-1457 of the Virginia Waste Management Act and this chapter shall be governed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

C. Orders. The director is authorized to issue orders to require any person to comply with this chapter as stated or to require such steps he deems necessary to bring about compliance.

Historical Notes

Derived from VR672-20-1 § 2.5, eff. July 22, 1987; amended, Volume 14, Issue 06, eff. January 7, 1998; Volume 18, Issue 03, eff. November 21, 2001.

Statutory Authority

§§ 10.1-1402 and 10.1-1410 of the Code of Virginia.