{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-268.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-268.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-268.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-268.html"}],"law_id":79539,"edition_id":1,"section_id":79539,"structure_id":13595,"section_number":"62.1-268","catch_line":"Issuance of special orders","history":"1992, c. 812.","full_text":"A\n\nThe Board may issue special orders (i) requiring any person who has violated the terms and provisions of a ground water withdrawal permit issued by the Board to comply with such terms and provisions; (ii) requiring any person who has failed to comply with a directive from the Board to comply with such directive; or (iii) requiring any person who has failed to comply with the provisions of this chapter or any decision of the Board pertaining to ground water to comply with such provision or decision.B\n\nSuch special orders are to be issued only after a hearing with at least thirty days’ notice to the affected person of the time, place and purpose thereof, and they shall become effective not less than fifteen days after service by certified mail, sent to the last known address of such person, with the time limits counted from the date of such mailing; however, if the Board finds that any such person is grossly affecting or presents an imminent and substantial danger to (i) the public welfare, safety or health; (ii) a public water supply; or (iii) commercial, industrial, agricultural or other beneficial uses, it may issue, without advance notice or hearing, an emergency special order directing the person to cease such withdrawal immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel such emergency special order. If a person who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with § 62.1-269, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires cessation of a withdrawal, the Board shall provide an opportunity for a hearing within forty-eight hours of the issuance of the injunction.C\n\nThe provisions of this section notwithstanding, the Board may proceed directly under § 62.1-270 for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder.D\n\nWith the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in § 62.1-270. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection A of § 62.1-270 and shall not be subject to the provisions of § 2.2-514.","order_by":null,"text":{"0":{"id":285010,"text":"The Board may issue special orders (i) requiring any person who has violated the terms and provisions of a ground water withdrawal permit issued by the Board to comply with such terms and provisions; (ii) requiring any person who has failed to comply with a directive from the Board to comply with such directive; or (iii) requiring any person who has failed to comply with the provisions of this chapter or any decision of the Board pertaining to ground water to comply with such provision or decision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285011,"text":"Such special orders are to be issued only after a hearing with at least thirty days’ notice to the affected person of the time, place and purpose thereof, and they shall become effective not less than fifteen days after service by certified mail, sent to the last known address of such person, with the time limits counted from the date of such mailing; however, if the Board finds that any such person is grossly affecting or presents an imminent and substantial danger to (i) the public welfare, safety or health; (ii) a public water supply; or (iii) commercial, industrial, agricultural or other beneficial uses, it may issue, without advance notice or hearing, an emergency special order directing the person to cease such withdrawal immediately and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel such emergency special order. If a person who has been issued such a special order or an emergency special order is not complying with the terms thereof, the Board may proceed in accordance with § 62.1-269, and where the order is based on a finding of an imminent and substantial danger, the court shall issue an injunction compelling compliance with the emergency special order pending a hearing by the Board. If an emergency special order requires cessation of a withdrawal, the Board shall provide an opportunity for a hearing within forty-eight hours of the issuance of the injunction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285012,"text":"The provisions of this section notwithstanding, the Board may proceed directly under § 62.1-270 for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285013,"text":"With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board pertaining to ground water, any condition of a ground water withdrawal permit or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in § 62.1-270. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under subsection A of § 62.1-270 and shall not be subject to the provisions of § 2.2-514.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13595,"edition_id":1,"name":"Ground Water Management Act of 1992","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":269039,"object_type":"structure","relational_id":13595,"identifier":"25","token":"62.1\/25","url":"\/62.1\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66154,"structure_id":13595,"section_number":"62.1-254","catch_line":"Findings and purpose","url":"\/62.1-254\/","token":"62.1\/25\/62.1-254","metadata":false},{"id":79593,"structure_id":13595,"section_number":"62.1-255","catch_line":"Definitions","url":"\/62.1-255\/","token":"62.1\/25\/62.1-255","metadata":false},{"id":61205,"structure_id":13595,"section_number":"62.1-255.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/62.1-255.1\/","token":"62.1\/25\/62.1-255.1","metadata":false},{"id":78244,"structure_id":13595,"section_number":"62.1-256","catch_line":" Duties of Board","url":"\/62.1-256\/","token":"62.1\/25\/62.1-256","metadata":false},{"id":66336,"structure_id":13595,"section_number":"62.1-256.1","catch_line":"Expired","url":"\/62.1-256.1\/","token":"62.1\/25\/62.1-256.1","metadata":false},{"id":81341,"structure_id":13595,"section_number":"62.1-256.2","catch_line":"(Expires July 1, 2030) Eastern Virginia Groundwater Management Advisory Committee established; sunset","url":"\/62.1-256.2\/","token":"62.1\/25\/62.1-256.2","metadata":false},{"id":84825,"structure_id":13595,"section_number":"62.1-257","catch_line":"When Board may initiate a ground water management area study proceeding; hearing required","url":"\/62.1-257\/","token":"62.1\/25\/62.1-257","metadata":false},{"id":78237,"structure_id":13595,"section_number":"62.1-258","catch_line":"Use of ground water in ground water management area; registration of well construction required","url":"\/62.1-258\/","token":"62.1\/25\/62.1-258","metadata":false},{"id":84483,"structure_id":13595,"section_number":"62.1-258.1","catch_line":"Irrigation wells for nonagricultural use prohibited; exceptions","url":"\/62.1-258.1\/","token":"62.1\/25\/62.1-258.1","metadata":false},{"id":85111,"structure_id":13595,"section_number":"62.1-259","catch_line":" Certain withdrawals; permit not required","url":"\/62.1-259\/","token":"62.1\/25\/62.1-259","metadata":false},{"id":60711,"structure_id":13595,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","url":"\/62.1-259.1\/","token":"62.1\/25\/62.1-259.1","metadata":false},{"id":63995,"structure_id":13595,"section_number":"62.1-260","catch_line":"Permits for existing ground water withdrawals in existing ground water management areas","url":"\/62.1-260\/","token":"62.1\/25\/62.1-260","metadata":false},{"id":74245,"structure_id":13595,"section_number":"62.1-261","catch_line":"Permits for existing ground water withdrawals in newly established ground water management areas","url":"\/62.1-261\/","token":"62.1\/25\/62.1-261","metadata":false},{"id":70026,"structure_id":13595,"section_number":"62.1-262","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 100) Permits for other ground water withdrawals","url":"\/62.1-262\/","token":"62.1\/25\/62.1-262","metadata":false},{"id":83090,"structure_id":13595,"section_number":"62.1-262.1","catch_line":"Permits for withdrawals from Eastern Shore Groundwater Management Area","url":"\/62.1-262.1\/","token":"62.1\/25\/62.1-262.1","metadata":false},{"id":77402,"structure_id":13595,"section_number":"62.1-262.2","catch_line":"Permits for certain ground water withdrawals in Eastern Virginia Groundwater Management Area","url":"\/62.1-262.2\/","token":"62.1\/25\/62.1-262.2","metadata":false},{"id":74151,"structure_id":13595,"section_number":"62.1-263","catch_line":"Criteria for issuance of permits","url":"\/62.1-263\/","token":"62.1\/25\/62.1-263","metadata":false},{"id":66178,"structure_id":13595,"section_number":"62.1-263.1","catch_line":"Permit rationale","url":"\/62.1-263.1\/","token":"62.1\/25\/62.1-263.1","metadata":false},{"id":80966,"structure_id":13595,"section_number":"62.1-264","catch_line":"Permits for public water supplies","url":"\/62.1-264\/","token":"62.1\/25\/62.1-264","metadata":false},{"id":60586,"structure_id":13595,"section_number":"62.1-265","catch_line":"Drought relief wells","url":"\/62.1-265\/","token":"62.1\/25\/62.1-265","metadata":false},{"id":62679,"structure_id":13595,"section_number":"62.1-266","catch_line":"Ground water withdrawal permits","url":"\/62.1-266\/","token":"62.1\/25\/62.1-266","metadata":false},{"id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","metadata":false},{"id":79539,"structure_id":13595,"section_number":"62.1-268","catch_line":"Issuance of special orders","url":"\/62.1-268\/","token":"62.1\/25\/62.1-268","metadata":false},{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},{"id":54563,"structure_id":13595,"section_number":"62.1-270","catch_line":"Penalties","url":"\/62.1-270\/","token":"62.1\/25\/62.1-270","metadata":false}],"previous_section":{"id":76472,"structure_id":13595,"section_number":"62.1-267","catch_line":"Issuance of special exceptions","url":"\/62.1-267\/","token":"62.1\/25\/62.1-267","metadata":false},"next_section":{"id":78604,"structure_id":13595,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","url":"\/62.1-269\/","token":"62.1\/25\/62.1-269","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-268\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 812 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":78244,"section_number":"62.1-256","catch_line":" Duties of Board","order_by":null,"url":"\/62.1-256\/"}],"refers_to":[{"id":82895,"section_number":"2.2-514","catch_line":"Compromise and settlement of disputes","order_by":null,"url":"\/2.2-514\/"},{"id":78604,"section_number":"62.1-269","catch_line":"Enforcement by injunction, etc","order_by":null,"url":"\/62.1-269\/"},{"id":54563,"section_number":"62.1-270","catch_line":"Penalties","order_by":null,"url":"\/62.1-270\/"}],"permalink":{"id":269129,"object_type":"law","relational_id":79539,"identifier":"62.1-268","token":"62.1\/25\/62.1-268","url":"\/62.1-268\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-268\/","token":"62.1\/25\/62.1-268","dublin_core":{"Title":"Issuance of special orders","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-268","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> may issue<\/span> special orders<\/span> (i) requiring any person<\/span> who has violated the terms and provisions of a ground water withdrawal permit<\/span> issued by the Board<\/span> to comply with such terms and provisions; (ii) requiring any person<\/span> who has failed to comply with a directive from the Board<\/span> to comply with such directive; or (iii) requiring any person<\/span> who has failed to comply with the provisions of this chapter or any decision of the Board<\/span> pertaining to ground water to comply with such provision or decision. <\/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 at least thirty days’ notice to the affected person<\/span> of the time, place and purpose thereof, and they shall become effective not less than fifteen days after service by certified mail, sent to the last known address of such person<\/span>, with the time limits counted from the date of such mailing; however, if the Board<\/span> finds that any such person<\/span> is grossly affecting or presents an imminent and substantial danger to (i) the public welfare, safety or health; (ii) a public water supply; or (iii) commercial, industrial, agricultural or other beneficial uses<\/span>, it may issue<\/span>, without advance notice or hearing<\/span>, an emergency special order<\/span> directing the person<\/span> to cease such withdrawal immediately and shall provide an opportunity for a hearing<\/span>, after reasonable notice as to the time and place thereof to the person<\/span>, to affirm<\/span>, modify, amend<\/span> or cancel such emergency special order<\/span>. If a person<\/span> who has been issued such a special order<\/span> or an emergency special order<\/span> is not complying with the terms thereof, the Board<\/span> may proceed in accordance with § 62.1-269<\/a>, and where the order<\/span> is based on a finding<\/span> of an imminent and substantial danger, the court<\/span> shall issue<\/span> an injunction<\/span> compelling compliance with the emergency special order<\/span> pending a hearing<\/span> by the Board<\/span>. If an emergency special order<\/span> requires cessation of a withdrawal, the Board<\/span> shall provide an opportunity for a hearing<\/span> within forty-eight hours of the issuance of the injunction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section notwithstanding, the Board<\/span> may proceed directly under § 62.1-270<\/a> for any past violation or violations of any provision of this chapter or any regulation duly promulgated hereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> With the consent of any person<\/span> who has violated or failed, neglected or refused to obey any regulation or order<\/span> of the Board<\/span> pertaining to ground water, any condition of a ground water withdrawal permit<\/span> or any provision of this chapter, the Board<\/span> may provide, in an order<\/span> issued by the Board<\/span> against such person<\/span>, for the payment of civil charges for past violations in specific sums not to exceed the limit specified in § 62.1-270<\/a>. Such civil charges shall be instead of any appropriate civil penalty<\/span> which could be imposed under subsection A of § 62.1-270<\/a> and shall not be subject to the provisions of § 2.2-514<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF SPECIAL ORDERS (\u00a7 62.1-268)\n\nA. The Board may issue special orders (i) requiring any person who has violated\nthe terms and provisions of a ground water withdrawal permit issued by the Board\nto comply with such terms and provisions; (ii) requiring any person who has\nfailed to comply with a directive from the Board to comply with such directive;\nor (iii) requiring any person who has failed to comply with the provisions of\nthis chapter or any decision of the Board pertaining to ground water to comply\nwith such provision or decision.\n\nB. Such special orders are to be issued only after a hearing with at least\nthirty days’ notice to the affected person of the time, place and purpose\nthereof, and they shall become effective not less than fifteen days after\nservice by certified mail, sent to the last known address of such person, with\nthe time limits counted from the date of such mailing; however, if the Board\nfinds that any such person is grossly affecting or presents an imminent and\nsubstantial danger to (i) the public welfare, safety or health; (ii) a public\nwater supply; or (iii) commercial, industrial, agricultural or other beneficial\nuses, it may issue, without advance notice or hearing, an emergency special\norder directing the person to cease such withdrawal immediately and shall\nprovide an opportunity for a hearing, after reasonable notice as to the time and\nplace thereof to the person, to affirm, modify, amend or cancel such emergency\nspecial order. If a person who has been issued such a special order or an\nemergency special order is not complying with the terms thereof, the Board may\nproceed in accordance with § 62.1-269, and where the order is based on a\nfinding of an imminent and substantial danger, the court shall issue an\ninjunction compelling compliance with the emergency special order pending a\nhearing by the Board. If an emergency special order requires cessation of a\nwithdrawal, the Board shall provide an opportunity for a hearing within\nforty-eight hours of the issuance of the injunction.\n\nC. The provisions of this section notwithstanding, the Board may proceed\ndirectly under § 62.1-270 for any past violation or violations of any\nprovision of this chapter or any regulation duly promulgated hereunder.\n\nD. With the consent of any person who has violated or failed, neglected or\nrefused to obey any regulation or order of the Board pertaining to ground water,\nany condition of a ground water withdrawal permit or any provision of this\nchapter, the Board may provide, in an order issued by the Board against such\nperson, for the payment of civil charges for past violations in specific sums\nnot to exceed the limit specified in § 62.1-270. Such civil charges shall\nbe instead of any appropriate civil penalty which could be imposed under\nsubsection A of § 62.1-270 and shall not be subject to the provisions of\n§ 2.2-514.\n\nHISTORY: 1992, c. 812.","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}}