{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-234.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-234.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-234.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-234.1.html"}],"law_id":58183,"edition_id":1,"section_id":58183,"structure_id":15284,"section_number":"32.1-234.1","catch_line":"Enforcement","history":"2008, cc. 41, 466.","full_text":"A\n\nWhenever the Department finds, following inspection and examination, that a source of radiation as constructed, operated, or maintained results in a violation of this article or of any regulations promulgated pursuant to this article, the Department shall:1\n\nNotify the person in control of the source of radiation as to the nature of the violation; and2\n\nSpecify a time frame for termination or abatement of the violation, including a deadline by which the source of the violation shall be reconstructed, operated, or maintained in compliance with this article and any regulations promulgated pursuant to this article.B\n\nUpon failure to comply with the time frame specified by the Department for termination or abatement of the violation, the Department may revoke the license, and pursue penalties or enforcement in accordance with § 32.1-27.C\n\nWhenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an emergency, hazard to health and safety, or a violation of any provision of this article or any rule, regulation, or order issued thereunder, and at the request of the Commissioner, the Attorney General may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.D\n\nIn addition to the provisions of § 32.1-27, any person who violates the provisions of this article or any order or regulation adopted pursuant thereto shall, upon a finding by a court of competent jurisdiction, be assessed a civil penalty of not more than $10,000 for each day of such violation. All penalties arising under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Civil penalties collected pursuant to this section shall be paid into the state treasury and credited to the Radioactive Material Perpetual Care Trust Fund created pursuant to § 32.1-232.E\n\nIn addition to the provisions of § 32.1-25, the Department shall have the power to enter at all reasonable times, or in cases of an emergency, upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this article and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.","order_by":null,"text":{"0":{"id":213214,"text":"Whenever the Department finds, following inspection and examination, that a source of radiation as constructed, operated, or maintained results in a violation of this article or of any regulations promulgated pursuant to this article, the Department shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":213215,"text":"Notify the person in control of the source of radiation as to the nature of the violation; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":213216,"text":"Specify a time frame for termination or abatement of the violation, including a deadline by which the source of the violation shall be reconstructed, operated, or maintained in compliance with this article and any regulations promulgated pursuant to this article.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":213217,"text":"Upon failure to comply with the time frame specified by the Department for termination or abatement of the violation, the Department may revoke the license, and pursue penalties or enforcement in accordance with § 32.1-27.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":213218,"text":"Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an emergency, hazard to health and safety, or a violation of any provision of this article or any rule, regulation, or order issued thereunder, and at the request of the Commissioner, the Attorney General may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":213219,"text":"In addition to the provisions of § 32.1-27, any person who violates the provisions of this article or any order or regulation adopted pursuant thereto shall, upon a finding by a court of competent jurisdiction, be assessed a civil penalty of not more than $10,000 for each day of such violation. All penalties arising under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Civil penalties collected pursuant to this section shall be paid into the state treasury and credited to the Radioactive Material Perpetual Care Trust Fund created pursuant to § 32.1-232.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":213220,"text":"In addition to the provisions of § 32.1-25, the Department shall have the power to enter at all reasonable times, or in cases of an emergency, upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this article and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15284,"edition_id":1,"name":"Radiation Control","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12941,"metadata":{},"date_created":"2026-06-26 03:53:37","date_modified":"2026-06-26 03:53:37","permalink":{"id":204031,"object_type":"structure","relational_id":15284,"identifier":"8","token":"32.1\/6\/8","url":"\/32.1\/6\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12941,"edition_id":1,"name":"Environmental Health Services","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:03","date_modified":"2026-06-26 03:44:03","permalink":{"id":203563,"object_type":"structure","relational_id":12941,"identifier":"6","token":"32.1\/6","url":"\/32.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68889,"structure_id":15284,"section_number":"32.1-227","catch_line":"Definitions","url":"\/32.1-227\/","token":"32.1\/6\/8\/32.1-227","metadata":false},{"id":61054,"structure_id":15284,"section_number":"32.1-228","catch_line":"Exemption","url":"\/32.1-228\/","token":"32.1\/6\/8\/32.1-228","metadata":false},{"id":76596,"structure_id":15284,"section_number":"32.1-228.1","catch_line":"Department designated state radiation control agency; powers and duties","url":"\/32.1-228.1\/","token":"32.1\/6\/8\/32.1-228.1","metadata":false},{"id":70418,"structure_id":15284,"section_number":"32.1-229","catch_line":"Powers and duties of the Board","url":"\/32.1-229\/","token":"32.1\/6\/8\/32.1-229","metadata":false},{"id":73092,"structure_id":15284,"section_number":"32.1-229.01","catch_line":"Companies listed as proficient to perform radon screening, testing, or mitigation; compliance","url":"\/32.1-229.01\/","token":"32.1\/6\/8\/32.1-229.01","metadata":false},{"id":80826,"structure_id":15284,"section_number":"32.1-229.01:1","catch_line":"Action for damages","url":"\/32.1-229.01_1\/","token":"32.1\/6\/8\/32.1-229.01_1","metadata":false},{"id":67464,"structure_id":15284,"section_number":"32.1-229.1","catch_line":"Inspections of X-ray machines required; Radiation Inspection Reports; fees; qualification of inspectors","url":"\/32.1-229.1\/","token":"32.1\/6\/8\/32.1-229.1","metadata":false},{"id":83583,"structure_id":15284,"section_number":"32.1-229.2","catch_line":"Costs of inspection conducted by Health Department; fees to be used to support program","url":"\/32.1-229.2\/","token":"32.1\/6\/8\/32.1-229.2","metadata":false},{"id":61049,"structure_id":15284,"section_number":"32.1-229.3","catch_line":"Licensing of radioactive material","url":"\/32.1-229.3\/","token":"32.1\/6\/8\/32.1-229.3","metadata":false},{"id":79795,"structure_id":15284,"section_number":"32.1-230","catch_line":"Further powers of Board","url":"\/32.1-230\/","token":"32.1\/6\/8\/32.1-230","metadata":false},{"id":64747,"structure_id":15284,"section_number":"32.1-231","catch_line":"Bonds of licensees","url":"\/32.1-231\/","token":"32.1\/6\/8\/32.1-231","metadata":false},{"id":70820,"structure_id":15284,"section_number":"32.1-232","catch_line":"Radioactive Material Perpetual Care Trust Fund","url":"\/32.1-232\/","token":"32.1\/6\/8\/32.1-232","metadata":false},{"id":62201,"structure_id":15284,"section_number":"32.1-232.1","catch_line":"Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created","url":"\/32.1-232.1\/","token":"32.1\/6\/8\/32.1-232.1","metadata":false},{"id":85611,"structure_id":15284,"section_number":"32.1-233","catch_line":"Radiation Advisory Board; composition; duties generally","url":"\/32.1-233\/","token":"32.1\/6\/8\/32.1-233","metadata":false},{"id":79086,"structure_id":15284,"section_number":"32.1-234","catch_line":"Repealed","url":"\/32.1-234\/","token":"32.1\/6\/8\/32.1-234","metadata":false},{"id":58183,"structure_id":15284,"section_number":"32.1-234.1","catch_line":"Enforcement","url":"\/32.1-234.1\/","token":"32.1\/6\/8\/32.1-234.1","metadata":false},{"id":65815,"structure_id":15284,"section_number":"32.1-235","catch_line":"Authority of Governor to enter into agreements with federal government; effect on federal licenses","url":"\/32.1-235\/","token":"32.1\/6\/8\/32.1-235","metadata":false},{"id":74866,"structure_id":15284,"section_number":"32.1-236","catch_line":"Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel","url":"\/32.1-236\/","token":"32.1\/6\/8\/32.1-236","metadata":false},{"id":74214,"structure_id":15284,"section_number":"32.1-237","catch_line":"Effect upon local ordinances, etc","url":"\/32.1-237\/","token":"32.1\/6\/8\/32.1-237","metadata":false},{"id":64082,"structure_id":15284,"section_number":"32.1-238","catch_line":"Impounding sources of ionizing radiation","url":"\/32.1-238\/","token":"32.1\/6\/8\/32.1-238","metadata":false}],"previous_section":{"id":79086,"structure_id":15284,"section_number":"32.1-234","catch_line":"Repealed","url":"\/32.1-234\/","token":"32.1\/6\/8\/32.1-234","metadata":false},"next_section":{"id":65815,"structure_id":15284,"section_number":"32.1-235","catch_line":"Authority of Governor to enter into agreements with federal government; effect on federal licenses","url":"\/32.1-235\/","token":"32.1\/6\/8\/32.1-235","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-234.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapters 41<\/a> and 466<\/a> 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.<\/p>","references":false,"refers_to":[{"id":86774,"section_number":"32.1-25","catch_line":"Right of entry to inspect, etc.; warrants","order_by":null,"url":"\/32.1-25\/"},{"id":59474,"section_number":"32.1-27","catch_line":"Penalties, injunctions, civil penalties and charges for violations","order_by":null,"url":"\/32.1-27\/"}],"permalink":{"id":204093,"object_type":"law","relational_id":58183,"identifier":"32.1-234.1","token":"32.1\/6\/8\/32.1-234.1","url":"\/32.1-234.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-234.1\/","token":"32.1\/6\/8\/32.1-234.1","dublin_core":{"Title":"Enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-234.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Department<\/span> finds, following inspection and examination, that a source of radiation as constructed, operated, or maintained results in a violation of this article or of any regulations promulgated pursuant to this article, the Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Notify the person<\/span> in control of the source of radiation as to the nature of the violation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Specify a time frame for termination or abatement of the violation, including a deadline by which the source of the violation shall be reconstructed, operated, or maintained in compliance with this article and any regulations promulgated pursuant to this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon failure to comply with the time frame specified by the Department<\/span> for termination or abatement of the violation, the Department<\/span> may revoke the license, and pursue penalties or enforcement in accordance with § 32.1-27<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Whenever, in the judgment<\/span> of the Department<\/span>, any person<\/span> has engaged in or is about to engage in any acts or practices that constitute or will constitute an emergency, hazard to health and safety, or a violation of any provision of this article or any rule, regulation, or order<\/span> issued thereunder, and at the request of the Commissioner<\/span>, the Attorney General<\/span> may make application to the appropriate court<\/span> for an order<\/span> enjoining such acts or practices, or for an order<\/span> directing compliance, and upon a showing by the Department<\/span> that such person<\/span> has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction<\/span>, restraining order<\/span>, or other order<\/span> may be granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In addition to the provisions of § 32.1-27<\/a>, any person<\/span> who violates the provisions of this article or any order<\/span> or regulation adopted pursuant thereto shall, upon a finding<\/span> by a court<\/span> of competent jurisdiction<\/span>, be assessed a civil penalty<\/span> of not more than $10,000 for each day of such violation. All penalties arising under this section shall be recovered in a civil action<\/span> brought by the Attorney General<\/span> in the name of the Commonwealth. Civil penalties collected pursuant to this section shall be paid into the state treasury and credited to the Radioactive Material<\/span> Perpetual Care Trust Fund created pursuant to § 32.1-232<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to the provisions of § 32.1-25<\/a>, the Department<\/span> shall have the power to enter at all reasonable times, or in cases of an emergency, upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this article and rules and regulations issued thereunder, except that entry into areas under the jurisdiction<\/span> of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT (\u00a7 32.1-234.1)\n\nA. Whenever the Department finds, following inspection and examination, that a\nsource of radiation as constructed, operated, or maintained results in a\nviolation of this article or of any regulations promulgated pursuant to this\narticle, the Department shall:\n\n 1. Notify the person in control of the source of radiation as to the nature of\n the violation; and\n\n 2. Specify a time frame for termination or abatement of the violation,\n including a deadline by which the source of the violation shall be\n reconstructed, operated, or maintained in compliance with this article and any\n regulations promulgated pursuant to this article.\n\nB. Upon failure to comply with the time frame specified by the Department for\ntermination or abatement of the violation, the Department may revoke the\nlicense, and pursue penalties or enforcement in accordance with § 32.1-27.\n\nC. Whenever, in the judgment of the Department, any person has engaged in or is\nabout to engage in any acts or practices that constitute or will constitute an\nemergency, hazard to health and safety, or a violation of any provision of this\narticle or any rule, regulation, or order issued thereunder, and at the request\nof the Commissioner, the Attorney General may make application to the\nappropriate court for an order enjoining such acts or practices, or for an order\ndirecting compliance, and upon a showing by the Department that such person has\nengaged or is about to engage in any such acts or practices, a permanent or\ntemporary injunction, restraining order, or other order may be granted.\n\nD. In addition to the provisions of § 32.1-27, any person who violates the\nprovisions of this article or any order or regulation adopted pursuant thereto\nshall, upon a finding by a court of competent jurisdiction, be assessed a civil\npenalty of not more than $10,000 for each day of such violation. All penalties\narising under this section shall be recovered in a civil action brought by the\nAttorney General in the name of the Commonwealth. Civil penalties collected\npursuant to this section shall be paid into the state treasury and credited to\nthe Radioactive Material Perpetual Care Trust Fund created pursuant to §\n32.1-232.\n\nE. In addition to the provisions of § 32.1-25, the Department shall have\nthe power to enter at all reasonable times, or in cases of an emergency, upon\nany private or public property for the purpose of determining whether or not\nthere is compliance with or violation of the provisions of this article and\nrules and regulations issued thereunder, except that entry into areas under the\njurisdiction of the federal government shall be effected only with the\nconcurrence of the federal government or its duly designated representative.\n\nHISTORY: 2008, cc. 41, 466.","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}}