{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1307.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1307.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1307.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1307.3.html"}],"law_id":62436,"edition_id":1,"section_id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","history":"1990, c. 238; 1995, c. 184; 2007, c. 148.","full_text":"A\n\nThe Executive Director or his duly authorized representative shall have the authority to:1\n\nSupervise, administer, and enforce the provisions of this chapter and regulations and orders of the Board as are conferred upon him by the Board;2\n\nInvestigate any violations of this chapter and regulations and orders of the Board;3\n\nRequire that air pollution records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulations and orders of the Board;4\n\nUpon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\t\ta. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth; and\n\t\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Director or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Director shall have the power to seek from a court having equity jurisdiction an order compelling such entry or inspection; and5\n\nTemporarily suspend the enforcement of any regulation or permit requirement applicable to any part of an electrical generation and transmission system, whether owned or contracted for, when a public electric utility providing power within the Commonwealth so requests and has suffered a force majeure event as defined in subdivision 7 of § 59.1-21.18:2.B\n\nThe Executive Director or his duly authorized representative may pursue enforcement action for a violation of opacity requirements or limits based on (i) visual observations conducted pursuant to methods approved by the U.S. Environmental Protection Agency, (ii) data from certified continuous opacity monitors, or (iii) other methods approved by the U.S. Environmental Protection Agency.","order_by":null,"text":{"0":{"id":227688,"text":"The Executive Director or his duly authorized representative shall have the authority to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":227689,"text":"Supervise, administer, and enforce the provisions of this chapter and regulations and orders of the Board as are conferred upon him by the Board;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":227690,"text":"Investigate any violations of this chapter and regulations and orders of the Board;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":227691,"text":"Require that air pollution records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulations and orders of the Board;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":227692,"text":"Upon presenting appropriate credentials to the owner, operator, or agent in charge:\n\t\t\t\ta. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth; and\n\t\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Director or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Director shall have the power to seek from a court having equity jurisdiction an order compelling such entry or inspection; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":227693,"text":"Temporarily suspend the enforcement of any regulation or permit requirement applicable to any part of an electrical generation and transmission system, whether owned or contracted for, when a public electric utility providing power within the Commonwealth so requests and has suffered a force majeure event as defined in subdivision 7 of § 59.1-21.18:2.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":227694,"text":"The Executive Director or his duly authorized representative may pursue enforcement action for a violation of opacity requirements or limits based on (i) visual observations conducted pursuant to methods approved by the U.S. Environmental Protection Agency, (ii) data from certified continuous opacity monitors, or (iii) other methods approved by the U.S. Environmental Protection Agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","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":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; appointment of Director","url":"\/10.1-1307.1\/","token":"10.1\/II\/13\/1\/10.1-1307.1","metadata":false},{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},{"id":82671,"structure_id":12861,"section_number":"10.1-1308.1","catch_line":"Streamlined permitting process for qualified energy generators","url":"\/10.1-1308.1\/","token":"10.1\/II\/13\/1\/10.1-1308.1","metadata":false},{"id":73292,"structure_id":12861,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","url":"\/10.1-1309\/","token":"10.1\/II\/13\/1\/10.1-1309","metadata":false},{"id":84294,"structure_id":12861,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","url":"\/10.1-1309.1\/","token":"10.1\/II\/13\/1\/10.1-1309.1","metadata":false},{"id":86080,"structure_id":12861,"section_number":"10.1-1310","catch_line":"Decision of Department pursuant to hearing","url":"\/10.1-1310\/","token":"10.1\/II\/13\/1\/10.1-1310","metadata":false},{"id":70030,"structure_id":12861,"section_number":"10.1-1310.1","catch_line":"Notification of local government","url":"\/10.1-1310.1\/","token":"10.1\/II\/13\/1\/10.1-1310.1","metadata":false},{"id":58705,"structure_id":12861,"section_number":"10.1-1311","catch_line":"Penalties for noncompliance; judicial review","url":"\/10.1-1311\/","token":"10.1\/II\/13\/1\/10.1-1311","metadata":false},{"id":54355,"structure_id":12861,"section_number":"10.1-1312","catch_line":"Air pollution control districts","url":"\/10.1-1312\/","token":"10.1\/II\/13\/1\/10.1-1312","metadata":false},{"id":56750,"structure_id":12861,"section_number":"10.1-1313","catch_line":"State Advisory Board on Air Pollution","url":"\/10.1-1313\/","token":"10.1\/II\/13\/1\/10.1-1313","metadata":false},{"id":59788,"structure_id":12861,"section_number":"10.1-1314","catch_line":"Owners to furnish plans, specifications and information","url":"\/10.1-1314\/","token":"10.1\/II\/13\/1\/10.1-1314","metadata":false},{"id":78602,"structure_id":12861,"section_number":"10.1-1314.1","catch_line":"Protection of trade secrets","url":"\/10.1-1314.1\/","token":"10.1\/II\/13\/1\/10.1-1314.1","metadata":false},{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},{"id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","metadata":false},{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; 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use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},{"id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","metadata":false},{"id":67112,"structure_id":12861,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","url":"\/10.1-1322.3\/","token":"10.1\/II\/13\/1\/10.1-1322.3","metadata":false},{"id":87077,"structure_id":12861,"section_number":"10.1-1322.4","catch_line":"Permit modifications for alternative fuels or raw materials","url":"\/10.1-1322.4\/","token":"10.1\/II\/13\/1\/10.1-1322.4","metadata":false},{"id":73730,"structure_id":12861,"section_number":"10.1-1322.5","catch_line":"Virginia Electric Vehicle Grant Fund and Program; report","url":"\/10.1-1322.5\/","token":"10.1\/II\/13\/1\/10.1-1322.5","metadata":false}],"previous_section":{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},"next_section":{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1307.3\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 238 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1995, chapter 184<\/a>; in 2007, chapter 148<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":145719,"object_type":"law","relational_id":62436,"identifier":"10.1-1307.3","token":"10.1\/II\/13\/1\/10.1-1307.3","url":"\/10.1-1307.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","dublin_core":{"Title":"Executive Director to enforce laws","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1307.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Executive Director<\/span> or his duly authorized representative shall have the authority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Supervise, administer, and enforce the provisions of this chapter and regulations and orders<\/span> of the Board<\/span> as are conferred upon him by the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Investigate any violations of this chapter and regulations and orders<\/span> of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Require that air pollution<\/span> records and reports be made available upon request, and require owners<\/span> to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulations and orders<\/span> of the Board<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Upon presenting appropriate credentials to the owner<\/span>, operator, or agent in charge:\n\t\t\t\ta. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth; and\n\t\t\t\tb. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Director or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials<\/span> therein, and question privately any such employer, officer, owner<\/span>, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Director shall have the power to seek from a court<\/span> having equity<\/span> jurisdiction<\/span> an order<\/span> compelling such entry or inspection; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Temporarily suspend the enforcement of any regulation or permit requirement applicable to any part of an electrical generation and transmission system, whether owned or contracted for, when a public electric utility providing power within the Commonwealth so requests and has suffered a force majeure event as defined in subdivision 7 of § 59.1-21.18:2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Executive Director<\/span> or his duly authorized representative may pursue enforcement action for a violation of opacity requirements or limits based on (i) visual observations conducted pursuant to methods approved by the U.S. Environmental Protection Agency, (ii) data from certified continuous opacity monitors, or (iii) other methods approved by the U.S. Environmental Protection Agency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXECUTIVE DIRECTOR TO ENFORCE LAWS (\u00a7 10.1-1307.3)\n\nA. The Executive Director or his duly authorized representative shall have the\nauthority to:\n\n 1. Supervise, administer, and enforce the provisions of this chapter and\n regulations and orders of the Board as are conferred upon him by the Board;\n\n 2. Investigate any violations of this chapter and regulations and orders of\n the Board;\n\n 3. Require that air pollution records and reports be made available upon\n request, and require owners to develop, maintain, and make available such\n other records and information as are deemed necessary for the proper\n enforcement of this chapter and regulations and orders of the Board;\n\n 4. Upon presenting appropriate credentials to the owner, operator, or agent in\n charge:\n \t\t\t\ta. Enter without delay and at reasonable times any business establishment,\n construction site, or other area, workplace, or environment in this\n Commonwealth; and\n \t\t\t\tb. Inspect and investigate during regular working hours and at other\n reasonable times, and within reasonable limits and in a reasonable manner,\n without prior notice, unless such notice is authorized by the Director or his\n representative, any such business establishment or place of employment and all\n pertinent conditions, structures, machines, apparatus, devices, equipment, and\n materials therein, and question privately any such employer, officer, owner,\n operator, agent, or employee. If such entry or inspection is refused,\n prohibited, or otherwise interfered with, the Director shall have the power to\n seek from a court having equity jurisdiction an order compelling such entry or\n inspection; and\n\n 5. Temporarily suspend the enforcement of any regulation or permit requirement\n applicable to any part of an electrical generation and transmission system,\n whether owned or contracted for, when a public electric utility providing\n power within the Commonwealth so requests and has suffered a force majeure\n event as defined in subdivision 7 of § 59.1-21.18:2.\n\nB. The Executive Director or his duly authorized representative may pursue\nenforcement action for a violation of opacity requirements or limits based on\n(i) visual observations conducted pursuant to methods approved by the U.S.\nEnvironmental Protection Agency, (ii) data from certified continuous opacity\nmonitors, or (iii) other methods approved by the U.S. Environmental Protection\nAgency.\n\nHISTORY: 1990, c. 238; 1995, c. 184; 2007, c. 148.","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}}