Section 40. Authority of board and department

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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 and the Administrative Process Act and by the adoption of this chapter, the board confers upon the department 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 director has final authority to adjudicate contested decisions of subordinates delegated powers by the director prior to appeal of the decisions to the circuit court or consideration by the board.

Historical Notes

Derived from Volume 12, Issue 26, eff. January 1, 1997.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

                    
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