Section 250. Enforcement

A. Violation of this permit is subject to the enforcement provisions including, but not limited to, those contained in 9VAC5 Chapter 170 (9VAC5-170) and §§ 10.1-1309, 10.1-1309.1, 10.1-1311 and 10.1-1316 of the Virginia Air Pollution Control Law.

B. If any condition, requirement or portion of the permit is held invalid or inapplicable under any circumstance, such invalidity or inapplicability shall not affect or impair the remaining conditions, requirements, or portions of the permit.

C. The permittee shall comply with all conditions of the permit. Any permit noncompliance constitutes a violation of the Virginia Air Pollution Control Law and is grounds (i) for enforcement action or (ii) for suspension or revocation of the authorization to operate under the general permit.

D. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

E. The authorization to operate under the general permit may be suspended or revoked for cause as specified in 9VAC5-510-80. The filing by a permittee of a (i) request for reauthorization to operate under a general permit, or (ii) notification of termination, planned changes or anticipated noncompliance does not stay any permit condition.

F. The owner of the nonmetallic mineral processing facility shall be subject to enforcement action under 9VAC5-510-80 for operation without a permit if the facility is later determined by the department not to qualify for the conditions and terms of the general permit.

G. The general permit does not convey any property rights of any sort, or any exclusive privilege.

H. The permittee shall furnish to the department, within a reasonable time, any information that the department may request in writing to determine whether cause exists for suspending or revoking the authorization to operate under the general permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit and, for information claimed to be confidential, the permittee shall furnish such records to the department along with a claim of confidentiality meeting the requirements of 9VAC5-170-60.

Historical Notes

Derived from Volume 19, Issue 03, eff. December 1, 2002.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.