{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-51.28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-51.28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-51.28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-51.28.html"}],"law_id":68715,"edition_id":1,"section_id":68715,"structure_id":14066,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","history":"1992, c. 541.","full_text":"A\n\nThe Commissioner shall have the power to issue special orders to:1\n\nOwners who are permitting or causing asbestos NESHAP violations, to cease and desist from such violation;2\n\nOwners who have violated or failed to comply with the terms and provisions of any order of the Commissioner, to comply with such terms and provisions;3\n\nOwners who have contravened duly adopted asbestos NESHAP standards and regulations, to cease such contravention and to comply with air quality standards and policies; and4\n\nRequire any owner to comply with the provisions of this chapter.B\n\nSuch special orders are to be issued only after a hearing with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner find that any such owner is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue without a hearing an emergency special order directing the owner to cease such pollution immediately, and shall within ten days hold a hearing, after reasonable notice as to the time and place thereof to the owner to affirm, modify, amend or cancel such emergency special order. If the Commissioner finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35 or § 40.1-51.39.C\n\nAny special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Commissioner, and the time limits specified shall be counted from the date of receipt.D\n\nNothing in this section or in § 40.1-51.26 shall limit the Commissioner’s authority to proceed against such owner directly under § 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order, special, or otherwise.","order_by":null,"text":{"0":{"id":248761,"text":"The Commissioner shall have the power to issue special orders to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":248762,"text":"Owners who are permitting or causing asbestos NESHAP violations, to cease and desist from such violation;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":248763,"text":"Owners who have violated or failed to comply with the terms and provisions of any order of the Commissioner, to comply with such terms and provisions;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":248764,"text":"Owners who have contravened duly adopted asbestos NESHAP standards and regulations, to cease such contravention and to comply with air quality standards and policies; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":248765,"text":"Require any owner to comply with the provisions of this chapter.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":248766,"text":"Such special orders are to be issued only after a hearing with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner find that any such owner is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue without a hearing an emergency special order directing the owner to cease such pollution immediately, and shall within ten days hold a hearing, after reasonable notice as to the time and place thereof to the owner to affirm, modify, amend or cancel such emergency special order. If the Commissioner finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35 or § 40.1-51.39.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":248767,"text":"Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Commissioner, and the time limits specified shall be counted from the date of receipt.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":248768,"text":"Nothing in this section or in § 40.1-51.26 shall limit the Commissioner’s authority to proceed against such owner directly under § 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order, special, or otherwise.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14066,"edition_id":1,"name":"Virginia Asbestos Neshap Act","identifier":"3.3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:46:46","date_modified":"2026-06-26 03:46:46","permalink":{"id":220299,"object_type":"structure","relational_id":14066,"identifier":"3.3","token":"40.1\/3.3","url":"\/40.1\/3.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63158,"structure_id":14066,"section_number":"40.1-51.23","catch_line":"Definitions","url":"\/40.1-51.23\/","token":"40.1\/3.3\/40.1-51.23","metadata":false},{"id":87022,"structure_id":14066,"section_number":"40.1-51.24","catch_line":"Department authorized to enter certain agreements","url":"\/40.1-51.24\/","token":"40.1\/3.3\/40.1-51.24","metadata":false},{"id":68926,"structure_id":14066,"section_number":"40.1-51.25","catch_line":"Safety and Health Codes Board to formulate rules, regulations, etc","url":"\/40.1-51.25\/","token":"40.1\/3.3\/40.1-51.25","metadata":false},{"id":75734,"structure_id":14066,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","url":"\/40.1-51.26\/","token":"40.1\/3.3\/40.1-51.26","metadata":false},{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},{"id":68715,"structure_id":14066,"section_number":"40.1-51.28","catch_line":"Issuance of special orders","url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","metadata":false},{"id":83707,"structure_id":14066,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},{"id":71492,"structure_id":14066,"section_number":"40.1-51.30","catch_line":"Appeal to Board","url":"\/40.1-51.30\/","token":"40.1\/3.3\/40.1-51.30","metadata":false},{"id":60762,"structure_id":14066,"section_number":"40.1-51.31","catch_line":"Penalties for noncompliance; judicial review","url":"\/40.1-51.31\/","token":"40.1\/3.3\/40.1-51.31","metadata":false},{"id":72091,"structure_id":14066,"section_number":"40.1-51.32","catch_line":"Owners to furnish plans, specifications and information","url":"\/40.1-51.32\/","token":"40.1\/3.3\/40.1-51.32","metadata":false},{"id":85383,"structure_id":14066,"section_number":"40.1-51.33","catch_line":"Protection of trade secrets","url":"\/40.1-51.33\/","token":"40.1\/3.3\/40.1-51.33","metadata":false},{"id":84167,"structure_id":14066,"section_number":"40.1-51.34","catch_line":"Right of entry","url":"\/40.1-51.34\/","token":"40.1\/3.3\/40.1-51.34","metadata":false},{"id":55498,"structure_id":14066,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","url":"\/40.1-51.35\/","token":"40.1\/3.3\/40.1-51.35","metadata":false},{"id":84050,"structure_id":14066,"section_number":"40.1-51.36","catch_line":"Judicial review of regulations of Board","url":"\/40.1-51.36\/","token":"40.1\/3.3\/40.1-51.36","metadata":false},{"id":63199,"structure_id":14066,"section_number":"40.1-51.37","catch_line":"Appeal from decision of Board","url":"\/40.1-51.37\/","token":"40.1\/3.3\/40.1-51.37","metadata":false},{"id":57872,"structure_id":14066,"section_number":"40.1-51.38","catch_line":"Appeal to Court of Appeals","url":"\/40.1-51.38\/","token":"40.1\/3.3\/40.1-51.38","metadata":false},{"id":68404,"structure_id":14066,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/40.1-51.39\/","token":"40.1\/3.3\/40.1-51.39","metadata":false},{"id":68605,"structure_id":14066,"section_number":"40.1-51.40","catch_line":"Duty of attorney for the Commonwealth","url":"\/40.1-51.40\/","token":"40.1\/3.3\/40.1-51.40","metadata":false},{"id":59021,"structure_id":14066,"section_number":"40.1-51.41","catch_line":"Local ordinances","url":"\/40.1-51.41\/","token":"40.1\/3.3\/40.1-51.41","metadata":false}],"previous_section":{"id":55175,"structure_id":14066,"section_number":"40.1-51.27","catch_line":"Inspections, investigations, etc","url":"\/40.1-51.27\/","token":"40.1\/3.3\/40.1-51.27","metadata":false},"next_section":{"id":83707,"structure_id":14066,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","url":"\/40.1-51.29\/","token":"40.1\/3.3\/40.1-51.29","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-51.28\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 541 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.<\/p>","references":[{"id":75734,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","order_by":null,"url":"\/40.1-51.26\/"},{"id":83707,"section_number":"40.1-51.29","catch_line":"Decision of Commissioner pursuant to hearing","order_by":null,"url":"\/40.1-51.29\/"},{"id":71492,"section_number":"40.1-51.30","catch_line":"Appeal to Board","order_by":null,"url":"\/40.1-51.30\/"}],"refers_to":[{"id":75734,"section_number":"40.1-51.26","catch_line":"Commissioner of Labor and Industry to enforce laws","order_by":null,"url":"\/40.1-51.26\/"},{"id":55498,"section_number":"40.1-51.35","catch_line":"Compelling compliance with regulations and orders of Board; penalty for violations","order_by":null,"url":"\/40.1-51.35\/"},{"id":68404,"section_number":"40.1-51.39","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","order_by":null,"url":"\/40.1-51.39\/"}],"permalink":{"id":220321,"object_type":"law","relational_id":68715,"identifier":"40.1-51.28","token":"40.1\/3.3\/40.1-51.28","url":"\/40.1-51.28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-51.28\/","token":"40.1\/3.3\/40.1-51.28","dublin_core":{"Title":"Issuance of special orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-51.28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall have the power to issue<\/span> special orders<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Owners<\/span> who are permitting or causing asbestos<\/span> NESHAP<\/span> violations, to cease and desist from such violation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Owners<\/span> who have violated or failed to comply with the terms and provisions of any order<\/span> of the Commissioner<\/span>, to comply with such terms and provisions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Owners<\/span> who have contravened duly adopted asbestos<\/span> NESHAP<\/span> standards and regulations, to cease such contravention and to comply with air quality standards and policies; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Require any owner<\/span> to comply with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such special orders<\/span> are to be issued only after a hearing<\/span> with reasonable notice to the affected owners<\/span> of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C. Should the Commissioner<\/span> find that any such owner<\/span> is unreasonably affecting the public health, safety or welfare, the health of animal or plant life, or property, after a reasonable attempt to give notice, he shall declare a state of emergency and may issue<\/span> without a hearing<\/span> an emergency special order<\/span> directing the owner<\/span> to cease such pollution immediately, and shall within ten days hold a hearing<\/span>, after reasonable notice as to the time and place thereof to the owner<\/span> to affirm<\/span>, modify, amend<\/span> or cancel such emergency special order<\/span>. If the Commissioner<\/span> finds that an owner<\/span> who has been issued a special order<\/span> or an emergency special order<\/span> is not complying with the terms thereof, he may proceed in accordance with § 40.1-51.35<\/a> or § 40.1-51.39<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any special order<\/span> issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner<\/span> to whom such special order<\/span> is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner<\/span>, or by personal delivery by an agent of the Commissioner<\/span>, and the time limits specified shall be counted from the date of receipt. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section or in § 40.1-51.26<\/a> shall limit the Commissioner<\/span>’s authority to proceed against such owner<\/span> directly under § 40.1-51.35<\/a> or § 40.1-51.39<\/a> without the prior issuance of an order<\/span>, special, or otherwise. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF SPECIAL ORDERS (\u00a7 40.1-51.28)\n\nA. The Commissioner shall have the power to issue special orders to:\n\n 1. Owners who are permitting or causing asbestos NESHAP violations, to cease\n and desist from such violation;\n\n 2. Owners who have violated or failed to comply with the terms and provisions\n of any order of the Commissioner, to comply with such terms and provisions;\n\n 3. Owners who have contravened duly adopted asbestos NESHAP standards and\n regulations, to cease such contravention and to comply with air quality\n standards and policies; and\n\n 4. Require any owner to comply with the provisions of this chapter.\n\nB. Such special orders are to be issued only after a hearing with reasonable\nnotice to the affected owners of the time, place and purpose thereof, and they\nshall become effective not less than five days after service as provided in\nsubsection C. Should the Commissioner find that any such owner is unreasonably\naffecting the public health, safety or welfare, the health of animal or plant\nlife, or property, after a reasonable attempt to give notice, he shall declare a\nstate of emergency and may issue without a hearing an emergency special order\ndirecting the owner to cease such pollution immediately, and shall within ten\ndays hold a hearing, after reasonable notice as to the time and place thereof to\nthe owner to affirm, modify, amend or cancel such emergency special order. If\nthe Commissioner finds that an owner who has been issued a special order or an\nemergency special order is not complying with the terms thereof, he may proceed\nin accordance with § 40.1-51.35 or § 40.1-51.39.\n\nC. Any special order issued under the provisions of this section need not be\nfiled with the Secretary of the Commonwealth, but the owner to whom such special\norder is directed shall be notified by certified mail, return receipt requested,\nsent to the last known address of such owner, or by personal delivery by an\nagent of the Commissioner, and the time limits specified shall be counted from\nthe date of receipt.\n\nD. Nothing in this section or in § 40.1-51.26 shall limit the\nCommissioner’s authority to proceed against such owner directly under\n§ 40.1-51.35 or § 40.1-51.39 without the prior issuance of an order,\nspecial, or otherwise.\n\nHISTORY: 1992, c. 541.","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}}