{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.15_1.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.15_1.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.15_1.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.15_1.1.html"}],"law_id":61958,"edition_id":1,"section_id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","history":"1991, c. 702.","full_text":"The Board is authorized to issue special orders in compliance with the Administrative Process Act (\u00a7 2.2-4000 et seq.) requiring that an owner file with the Board a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the establishment of an escrow account, the creation of a trust fund to be maintained within the Board, submission of a bond, corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate. The Board shall give due consideration to any plan submitted by the owner in accordance with \u00a7\u00a7 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining the necessity for and suitability of any plan submitted under this section.\n\t\tFor the purposes of this section, “ceases operation” means to cease conducting the normal operation of a facility which is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.\n\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.","order_by":null,"text":{"0":{"id":226178,"text":"The Board is authorized to issue special orders in compliance with the Administrative Process Act (\u00a7 2.2-4000 et seq.) requiring that an owner file with the Board a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the establishment of an escrow account, the creation of a trust fund to be maintained within the Board, submission of a bond, corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate. The Board shall give due consideration to any plan submitted by the owner in accordance with \u00a7\u00a7 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining the necessity for and suitability of any plan submitted under this section.\n\t\tFor the purposes of this section, “ceases operation” means to cease conducting the normal operation of a facility which is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.\n\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\tAny person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13015,"edition_id":1,"name":"Control Board Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269343,"object_type":"structure","relational_id":13015,"identifier":"2","token":"62.1\/3.1\/2","url":"\/62.1\/3.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","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":69471,"structure_id":13015,"section_number":"62.1-44.10","catch_line":"Repealed","url":"\/62.1-44.10\/","token":"62.1\/3.1\/2\/62.1-44.10","metadata":false},{"id":63082,"structure_id":13015,"section_number":"62.1-44.11","catch_line":"Meetings","url":"\/62.1-44.11\/","token":"62.1\/3.1\/2\/62.1-44.11","metadata":false},{"id":57347,"structure_id":13015,"section_number":"62.1-44.12","catch_line":"Records of proceedings; special orders, standards, policies, rules and regulations","url":"\/62.1-44.12\/","token":"62.1\/3.1\/2\/62.1-44.12","metadata":false},{"id":55150,"structure_id":13015,"section_number":"62.1-44.13","catch_line":"Inspections and investigations, etc","url":"\/62.1-44.13\/","token":"62.1\/3.1\/2\/62.1-44.13","metadata":false},{"id":86378,"structure_id":13015,"section_number":"62.1-44.14","catch_line":"Chairman; Executive Director; employment of personnel; supervision; budget preparation","url":"\/62.1-44.14\/","token":"62.1\/3.1\/2\/62.1-44.14","metadata":false},{"id":56006,"structure_id":13015,"section_number":"62.1-44.15","catch_line":"Powers and duties; civil penalties","url":"\/62.1-44.15\/","token":"62.1\/3.1\/2\/62.1-44.15","metadata":false},{"id":79846,"structure_id":13015,"section_number":"62.1-44.15:01","catch_line":"Further duties of Board; localities particularly affected","url":"\/62.1-44.15_01\/","token":"62.1\/3.1\/2\/62.1-44.15_01","metadata":false},{"id":61408,"structure_id":13015,"section_number":"62.1-44.15:02","catch_line":"Repealed","url":"\/62.1-44.15_02\/","token":"62.1\/3.1\/2\/62.1-44.15_02","metadata":false},{"id":70198,"structure_id":13015,"section_number":"62.1-44.15:03","catch_line":"Disposal of fill; notice to locality","url":"\/62.1-44.15_03\/","token":"62.1\/3.1\/2\/62.1-44.15_03","metadata":false},{"id":69943,"structure_id":13015,"section_number":"62.1-44.15:1","catch_line":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","metadata":false},{"id":61958,"structure_id":13015,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","metadata":false},{"id":54086,"structure_id":13015,"section_number":"62.1-44.15:1.2","catch_line":"Lake level contingency plans","url":"\/62.1-44.15_1.2\/","token":"62.1\/3.1\/2\/62.1-44.15_1.2","metadata":false},{"id":75644,"structure_id":13015,"section_number":"62.1-44.15:2","catch_line":"Extraordinary hardship program","url":"\/62.1-44.15_2\/","token":"62.1\/3.1\/2\/62.1-44.15_2","metadata":false},{"id":69161,"structure_id":13015,"section_number":"62.1-44.15:3","catch_line":"When application for permit considered complete","url":"\/62.1-44.15_3\/","token":"62.1\/3.1\/2\/62.1-44.15_3","metadata":false},{"id":81958,"structure_id":13015,"section_number":"62.1-44.15:4","catch_line":"Notification of local governments and property owners","url":"\/62.1-44.15_4\/","token":"62.1\/3.1\/2\/62.1-44.15_4","metadata":false},{"id":60658,"structure_id":13015,"section_number":"62.1-44.15:4.1","catch_line":"Listing and notice of confirmed oil releases and discharges","url":"\/62.1-44.15_4.1\/","token":"62.1\/3.1\/2\/62.1-44.15_4.1","metadata":false},{"id":60324,"structure_id":13015,"section_number":"62.1-44.15:5","catch_line":"Repealed","url":"\/62.1-44.15_5\/","token":"62.1\/3.1\/2\/62.1-44.15_5","metadata":false},{"id":54866,"structure_id":13015,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","url":"\/62.1-44.15_5.01\/","token":"62.1\/3.1\/2\/62.1-44.15_5.01","metadata":false},{"id":85683,"structure_id":13015,"section_number":"62.1-44.15:5.02","catch_line":"Low-flow protections in Potomac River","url":"\/62.1-44.15_5.02\/","token":"62.1\/3.1\/2\/62.1-44.15_5.02","metadata":false},{"id":55185,"structure_id":13015,"section_number":"62.1-44.15:5.1","catch_line":"General permit for certain water quality improvement activities","url":"\/62.1-44.15_5.1\/","token":"62.1\/3.1\/2\/62.1-44.15_5.1","metadata":false},{"id":58730,"structure_id":13015,"section_number":"62.1-44.15:5.2","catch_line":"General permits for ready-mix concrete plant discharges","url":"\/62.1-44.15_5.2\/","token":"62.1\/3.1\/2\/62.1-44.15_5.2","metadata":false},{"id":62866,"structure_id":13015,"section_number":"62.1-44.15:5.3","catch_line":"Requirements to test for PFAS chemicals; publicly owned treatment works","url":"\/62.1-44.15_5.3\/","token":"62.1\/3.1\/2\/62.1-44.15_5.3","metadata":false},{"id":61087,"structure_id":13015,"section_number":"62.1-44.7","catch_line":"Board continued","url":"\/62.1-44.7\/","token":"62.1\/3.1\/2\/62.1-44.7","metadata":false},{"id":59377,"structure_id":13015,"section_number":"62.1-44.8","catch_line":"Number, appointment and terms of members","url":"\/62.1-44.8\/","token":"62.1\/3.1\/2\/62.1-44.8","metadata":false},{"id":65218,"structure_id":13015,"section_number":"62.1-44.9","catch_line":"Qualifications of members","url":"\/62.1-44.9\/","token":"62.1\/3.1\/2\/62.1-44.9","metadata":false}],"previous_section":{"id":69943,"structure_id":13015,"section_number":"62.1-44.15:1","catch_line":"Limitation on power to require construction of sewerage systems or sewage or other waste treatment works; ammonia criteria","url":"\/62.1-44.15_1\/","token":"62.1\/3.1\/2\/62.1-44.15_1","metadata":false},"next_section":{"id":54086,"structure_id":13015,"section_number":"62.1-44.15:1.2","catch_line":"Lake level contingency plans","url":"\/62.1-44.15_1.2\/","token":"62.1\/3.1\/2\/62.1-44.15_1.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.15:1.1\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 702 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 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":84294,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","order_by":null,"url":"\/10.1-1309.1\/"}],"refers_to":[{"id":84294,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","order_by":null,"url":"\/10.1-1309.1\/"},{"id":54905,"section_number":"10.1-1410","catch_line":"Financial responsibility for abandoned facilities; penalties","order_by":null,"url":"\/10.1-1410\/"},{"id":86144,"section_number":"10.1-1428","catch_line":"Financial responsibility for abandoned facilities; penalties","order_by":null,"url":"\/10.1-1428\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":269385,"object_type":"law","relational_id":61958,"identifier":"62.1-44.15:1.1","token":"62.1\/3.1\/2\/62.1-44.15_1.1","url":"\/62.1-44.15_1.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.15_1.1\/","token":"62.1\/3.1\/2\/62.1-44.15_1.1","dublin_core":{"Title":"Special orders; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.15:1.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> is authorized to issue<\/span> special orders<\/span> in compliance with the Administrative Process Act (\u00a7 2.2-4000<\/a> et seq.) requiring that an owner<\/span> file with the Board<\/span> a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations<\/span>. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the establishment<\/span> of an escrow account, the creation of a trust fund to be maintained within the Board<\/span>, submission of a bond<\/span>, corporate guarantee based upon audited financial statements, or such other instruments as the Board<\/span> may deem appropriate. The Board<\/span> may require that such plan and instruments be updated as appropriate. The Board<\/span> shall give due consideration to any plan submitted by the owner<\/span> in accordance with \u00a7\u00a7 10.1-1309.1<\/a>, 10.1-1410<\/a>, and 10.1-1428<\/a>, in determining the necessity for and suitability of any plan submitted under this section.\n\t\tFor the purposes of this section, “ceases operation<\/span>” means to cease conducting the normal operation of a facility which is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner<\/span> at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board<\/span> regulations<\/span>.\n\t\tAny person<\/span> who ceases operations<\/span> and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\tAny person<\/span> who ceases operations<\/span> and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL ORDERS; PENALTIES (\u00a7 62.1-44.15:1.1)\n\nThe Board is authorized to issue special orders in compliance with the\nAdministrative Process Act (\u00a7 2.2-4000 et seq.) requiring that an owner file\nwith the Board a plan to abate, control, prevent, remove, or contain any\nsubstantial and imminent threat to public health or the environment that is\nreasonably likely to occur if such facility ceases operations. Such plan shall\nalso include a demonstration of financial capability to implement the plan.\nFinancial capability may be demonstrated by the establishment of an escrow\naccount, the creation of a trust fund to be maintained within the Board,\nsubmission of a bond, corporate guarantee based upon audited financial\nstatements, or such other instruments as the Board may deem appropriate. The\nBoard may require that such plan and instruments be updated as appropriate. The\nBoard shall give due consideration to any plan submitted by the owner in\naccordance with \u00a7\u00a7 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining the\nnecessity for and suitability of any plan submitted under this section.\n\t\tFor the purposes of this section, “ceases operation” means to\ncease conducting the normal operation of a facility which is regulated under\nthis chapter under circumstances where it would be reasonable to expect that\nsuch operation will not be resumed by the owner at the facility. The term shall\nnot include the sale or transfer of a facility in the ordinary course of\nbusiness or a permit transfer in accordance with Board regulations.\n\t\tAny person who ceases operations and who knowingly and willfully fails to\nimplement a closure plan or to provide adequate funds for implementation of such\nplan shall, if such failure results in a significant harm or an imminent and\nsubstantial threat of significant harm to human health or the environment, be\nliable to the Commonwealth and any political subdivision thereof for the costs\nincurred in abating, controlling, preventing, removing, or containing such harm\nor threat.\n\t\tAny person who ceases operations and who knowingly and willfully fails to\nimplement a closure plan or to provide adequate funds for implementation of such\nplan shall, if such failure results in a significant harm or an imminent and\nsubstantial threat of significant harm to human health or the environment, be\nguilty of a Class 4 felony.\n\nHISTORY: 1991, c. 702.","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}}