{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1186.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1186.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1186.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1186.html"}],"law_id":55896,"edition_id":1,"section_id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","history":"1992, c. 887; 1996, c. 1005; 2012, cc. 803, 835; 2020, c. 958.","full_text":"The Department shall have the following general powers, any of which the Director may delegate as appropriate:\n\n1\n\nEmploy such personnel as may be required to carry out the duties of the Department;2\n\nMake and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, other state agencies and governmental subdivisions of the Commonwealth;3\n\nAccept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable;4\n\nAccept and administer services, property, gifts and other funds donated to the Department;5\n\nImplement all regulations as may be adopted by the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board;6\n\nAdminister, under the direction of the Boards, funds appropriated to it for environmental programs and make contracts related thereto;7\n\nAdvise and coordinate the responses of state agencies to notices of proceedings by the State Water Control Board to consider certifications of hydropower projects under 33 U.S.C. § 1341;8\n\nAdvise interested agencies of the Commonwealth of pending proceedings when the Department of Environmental Quality intervenes directly on behalf of the Commonwealth in a Federal Energy Regulatory Commission proceeding or when the Department of Wildlife Resources intervenes in a Federal Energy Regulatory Commission proceeding to coordinate the provision of information and testimony for use in the proceedings;9\n\nNotwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019, issue special orders to any person to comply with: (i) the provisions of any law administered by the Boards, the Director or the Department, (ii) any condition of a permit or a certification, (iii) any regulations of the Boards, or (iv) any case decision, as defined in § 2.2-4001, of the Boards or Director. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001. The Director shall not delegate his authority to impose civil penalties in conjunction with issuance of special orders. For purposes of this subdivision, “Boards” means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board; and10\n\nPerform all acts necessary or convenient to carry out the purposes of this chapter.","order_by":null,"text":{"0":{"id":204746,"text":"The Department shall have the following general powers, any of which the Director may delegate as appropriate:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":204747,"text":"Employ such personnel as may be required to carry out the duties of the Department;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":204748,"text":"Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, other state agencies and governmental subdivisions of the Commonwealth;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":204749,"text":"Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":204750,"text":"Accept and administer services, property, gifts and other funds donated to the Department;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":204751,"text":"Implement all regulations as may be adopted by the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":204752,"text":"Administer, under the direction of the Boards, funds appropriated to it for environmental programs and make contracts related thereto;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":204753,"text":"Advise and coordinate the responses of state agencies to notices of proceedings by the State Water Control Board to consider certifications of hydropower projects under 33 U.S.C. § 1341;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":204754,"text":"Advise interested agencies of the Commonwealth of pending proceedings when the Department of Environmental Quality intervenes directly on behalf of the Commonwealth in a Federal Energy Regulatory Commission proceeding or when the Department of Wildlife Resources intervenes in a Federal Energy Regulatory Commission proceeding to coordinate the provision of information and testimony for use in the proceedings;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":204755,"text":"Notwithstanding any other provision of law and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019, issue special orders to any person to comply with: (i) the provisions of any law administered by the Boards, the Director or the Department, (ii) any condition of a permit or a certification, (iii) any regulations of the Boards, or (iv) any case decision, as defined in § 2.2-4001, of the Boards or Director. The issuance of a special order shall be considered a case decision as defined in § 2.2-4001. The Director shall not delegate his authority to impose civil penalties in conjunction with issuance of special orders. For purposes of this subdivision, “Boards” means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board; and","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":204756,"text":"Perform all acts necessary or convenient to carry out the purposes of this chapter.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9"}},"ancestry":[{"id":14493,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12742,"metadata":{},"date_created":"2026-06-26 03:48:20","date_modified":"2026-06-26 03:48:20","permalink":{"id":145335,"object_type":"structure","relational_id":14493,"identifier":"1","token":"10.1\/II\/11.1\/1","url":"\/10.1\/II\/11.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12742,"edition_id":1,"name":"Department of Environmental Quality","identifier":"11.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":145333,"object_type":"structure","relational_id":12742,"identifier":"11.1","token":"10.1\/II\/11.1","url":"\/10.1\/II\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56886,"structure_id":14493,"section_number":"10.1-1182","catch_line":"Definitions","url":"\/10.1-1182\/","token":"10.1\/II\/11.1\/1\/10.1-1182","metadata":false},{"id":87314,"structure_id":14493,"section_number":"10.1-1182.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1182.1\/","token":"10.1\/II\/11.1\/1\/10.1-1182.1","metadata":false},{"id":73247,"structure_id":14493,"section_number":"10.1-1183","catch_line":"Creation of Department of Environmental Quality; statement of policy","url":"\/10.1-1183\/","token":"10.1\/II\/11.1\/1\/10.1-1183","metadata":false},{"id":83890,"structure_id":14493,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","url":"\/10.1-1183.1\/","token":"10.1\/II\/11.1\/1\/10.1-1183.1","metadata":false},{"id":55967,"structure_id":14493,"section_number":"10.1-1184","catch_line":"State Air Pollution Control Board, State Water Control Board, and Virginia Waste Management Board continued","url":"\/10.1-1184\/","token":"10.1\/II\/11.1\/1\/10.1-1184","metadata":false},{"id":76875,"structure_id":14493,"section_number":"10.1-1184.1","catch_line":"Additional duties of Department; controversial permits","url":"\/10.1-1184.1\/","token":"10.1\/II\/11.1\/1\/10.1-1184.1","metadata":false},{"id":62821,"structure_id":14493,"section_number":"10.1-1184.2","catch_line":"Regulations; civil penalties; written notice of violation","url":"\/10.1-1184.2\/","token":"10.1\/II\/11.1\/1\/10.1-1184.2","metadata":false},{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},{"id":55896,"structure_id":14493,"section_number":"10.1-1186","catch_line":"General powers of the Department","url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","metadata":false},{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},{"id":83468,"structure_id":14493,"section_number":"10.1-1186.1","catch_line":"Department to publish toxics inventory","url":"\/10.1-1186.1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1","metadata":false},{"id":79857,"structure_id":14493,"section_number":"10.1-1186.1:1","catch_line":"Hazardous Waste Site Inventory","url":"\/10.1-1186.1_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.1_1","metadata":false},{"id":57333,"structure_id":14493,"section_number":"10.1-1186.2","catch_line":"Supplemental environmental projects","url":"\/10.1-1186.2\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2","metadata":false},{"id":70152,"structure_id":14493,"section_number":"10.1-1186.2:1","catch_line":"Impact of electric generating facilities","url":"\/10.1-1186.2_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.2_1","metadata":false},{"id":86115,"structure_id":14493,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","url":"\/10.1-1186.3\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3","metadata":false},{"id":57009,"structure_id":14493,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","url":"\/10.1-1186.3_1\/","token":"10.1\/II\/11.1\/1\/10.1-1186.3_1","metadata":false},{"id":56492,"structure_id":14493,"section_number":"10.1-1186.4","catch_line":"Enforcement powers; federal court","url":"\/10.1-1186.4\/","token":"10.1\/II\/11.1\/1\/10.1-1186.4","metadata":false},{"id":65720,"structure_id":14493,"section_number":"10.1-1186.5","catch_line":"Expired","url":"\/10.1-1186.5\/","token":"10.1\/II\/11.1\/1\/10.1-1186.5","metadata":false},{"id":64303,"structure_id":14493,"section_number":"10.1-1186.6","catch_line":"Carbon market participation; submerged aquatic vegetation","url":"\/10.1-1186.6\/","token":"10.1\/II\/11.1\/1\/10.1-1186.6","metadata":false},{"id":59129,"structure_id":14493,"section_number":"10.1-1187","catch_line":"Provision of the Code continued","url":"\/10.1-1187\/","token":"10.1\/II\/11.1\/1\/10.1-1187","metadata":false}],"previous_section":{"id":85400,"structure_id":14493,"section_number":"10.1-1185","catch_line":"Appointment of Director; powers and duties of Director","url":"\/10.1-1185\/","token":"10.1\/II\/11.1\/1\/10.1-1185","metadata":false},"next_section":{"id":82526,"structure_id":14493,"section_number":"10.1-1186.01","catch_line":"Reimbursements to localities for upgrades to treatment works","url":"\/10.1-1186.01\/","token":"10.1\/II\/11.1\/1\/10.1-1186.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1186\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 887 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 1005<\/a>; in 2012, chapters 803<\/a> and 835<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":57084,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","order_by":null,"url":"\/10.1-1418.4\/"},{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"refers_to":[{"id":83688,"section_number":"2.2-4001","catch_line":"Definitions","order_by":null,"url":"\/2.2-4001\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"}],"permalink":{"id":145369,"object_type":"law","relational_id":55896,"identifier":"10.1-1186","token":"10.1\/II\/11.1\/1\/10.1-1186","url":"\/10.1-1186\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1186\/","token":"10.1\/II\/11.1\/1\/10.1-1186","dublin_core":{"Title":"General powers of the Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1186","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Department<\/span> shall have the following general powers, any of which the Director<\/span> may delegate as appropriate:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Employ such personnel as may be required to carry out the duties of the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts<\/span> with the United States, other states, other state agencies and governmental subdivisions of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department<\/span> shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Accept and administer services, property, gifts and other funds donated to the Department<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Implement all regulations as may be adopted by the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Administer, under the direction of the Boards<\/span>, funds appropriated to it for environmental programs and make contracts<\/span> related thereto; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Advise and coordinate the responses of state agencies to notices of proceedings by the State Water Control Board to consider certifications of hydropower projects under 33 U.S.C. § 1341; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Advise interested agencies of the Commonwealth of pending proceedings when the Department<\/span> of Environmental Quality intervenes directly on behalf of the Commonwealth in a Federal Energy Regulatory Commission proceeding or when the Department<\/span> of Wildlife Resources intervenes in a Federal Energy Regulatory Commission proceeding to coordinate the provision of information and testimony<\/span> for use in the proceedings; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Notwithstanding any other provision of law<\/span> and to the extent consistent with federal requirements, following a proceeding as provided in § 2.2-4019<\/a>, issue<\/span> special orders<\/span> to any person to comply with: (i) the provisions of any law<\/span> administered by the Boards<\/span>, the Director<\/span> or the Department<\/span>, (ii) any condition of a permit or a certification, (iii) any regulations of the Boards<\/span>, or (iv) any case decision, as defined in § 2.2-4001<\/a>, of the Boards<\/span> or Director<\/span>. The issuance of a special order<\/span> shall be considered a case decision as defined in § 2.2-4001<\/a>. The Director<\/span> shall not delegate his authority to impose civil penalties in conjunction with issuance of special orders<\/span>. For purposes of this subdivision, “Boards<\/span>” means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Perform all acts necessary or convenient to carry out the purposes of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL POWERS OF THE DEPARTMENT (\u00a7 10.1-1186)\n\nThe Department shall have the following general powers, any of which the\nDirector may delegate as appropriate:\n\n1. Employ such personnel as may be required to carry out the duties of the\nDepartment;\n\n2. Make and enter into all contracts and agreements necessary or incidental to\nthe performance of its duties and the execution of its powers under this\nchapter, including, but not limited to, contracts with the United States, other\nstates, other state agencies and governmental subdivisions of the Commonwealth;\n\n3. Accept grants from the United States government and agencies and\ninstrumentalities thereof and any other source. To these ends, the Department\nshall have the power to comply with such conditions and execute such agreements\nas may be necessary, convenient, or desirable;\n\n4. Accept and administer services, property, gifts and other funds donated to\nthe Department;\n\n5. Implement all regulations as may be adopted by the State Air Pollution\nControl Board, the State Water Control Board, and the Virginia Waste Management\nBoard;\n\n6. Administer, under the direction of the Boards, funds appropriated to it for\nenvironmental programs and make contracts related thereto;\n\n7. Advise and coordinate the responses of state agencies to notices of\nproceedings by the State Water Control Board to consider certifications of\nhydropower projects under 33 U.S.C. § 1341;\n\n8. Advise interested agencies of the Commonwealth of pending proceedings when\nthe Department of Environmental Quality intervenes directly on behalf of the\nCommonwealth in a Federal Energy Regulatory Commission proceeding or when the\nDepartment of Wildlife Resources intervenes in a Federal Energy Regulatory\nCommission proceeding to coordinate the provision of information and testimony\nfor use in the proceedings;\n\n9. Notwithstanding any other provision of law and to the extent consistent with\nfederal requirements, following a proceeding as provided in § 2.2-4019,\nissue special orders to any person to comply with: (i) the provisions of any law\nadministered by the Boards, the Director or the Department, (ii) any condition\nof a permit or a certification, (iii) any regulations of the Boards, or (iv) any\ncase decision, as defined in § 2.2-4001, of the Boards or Director. The\nissuance of a special order shall be considered a case decision as defined in\n§ 2.2-4001. The Director shall not delegate his authority to impose civil\npenalties in conjunction with issuance of special orders. For purposes of this\nsubdivision, “Boards” means the State Air Pollution Control Board,\nthe State Water Control Board, and the Virginia Waste Management Board; and\n\n10. Perform all acts necessary or convenient to carry out the purposes of this\nchapter.\n\nHISTORY: 1992, c. 887; 1996, c. 1005; 2012, cc. 803, 835; 2020, c. 958.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}