Section 30. Authority of board and DEQ

A. No provision of this chapter shall limit the power of the board to take such appropriate action as necessary to control and abate air pollution in emergency situations.

B. In accordance with the Virginia Air Pollution Control Law (§ 10.1-1300 et seq. of the Code of Virginia) and the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and by the adoption of this chapter, the board confers upon the DEQ the administrative, enforcement and decision making authority enumerated in this chapter.

C. The board reserves the right to exercise its authority in any of the powers delegated in this chapter should it choose to do so.

D. The DEQ Director has final authority to adjudicate contested decisions of subordinates delegated powers by him prior to appeal of the decisions to the circuit court or consideration by the board.

Historical Notes

Derived from Volume 23, Issue 17, eff. May 31, 2007.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; § 176(c) of the federal Clean Air Act.