{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.16_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.16_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.16_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.16_1.html"}],"law_id":68060,"edition_id":1,"section_id":68060,"structure_id":16405,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","history":"2015, cc. 104, 677.","full_text":"A\n\nAny locality that has adopted an ordinance for the testing and monitoring of the land application of industrial wastes pursuant to &#xA7; 62.1-44.16 shall have the authority to order the abatement of any violation of &#xA7; 62.1-44.16 or of any violation of any permit or certificate issued under that section. Such abatement order shall identify the activity constituting the violation, specify the provision of the Code of Virginia or permit condition violated by the activity, and order that the activity cease immediately.B\n\nIn the event of any dispute concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the Director, whose decision shall be final and binding unless reversed on judicial appeal pursuant to &#xA7; 2.2-4026. Any person who fails or refuses to halt such activity may be compelled to do so by injunction issued by a court having competent jurisdiction. Upon determination by the Director that there has been a violation of &#xA7; 62.1-44.16 or of any permit or certificate issued under that section and that such violation poses an imminent threat to public health, safety, or welfare, the Department shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation. Neither the Board, the Commonwealth, nor any employee of the Commonwealth shall be liable for failing to provide the notification required by this section.C\n\nLocal governments shall promptly notify the Department of all results from the testing and monitoring of the land application of industrial wastes performed by persons employed by local governments and any violation of &#xA7; 62.1-44.16 or of any violation of any permit or certificate issued under that section, discovered by local governments.","order_by":null,"text":{"0":{"id":246438,"text":"Any locality that has adopted an ordinance for the testing and monitoring of the land application of industrial wastes pursuant to &#xA7; 62.1-44.16 shall have the authority to order the abatement of any violation of &#xA7; 62.1-44.16 or of any violation of any permit or certificate issued under that section. Such abatement order shall identify the activity constituting the violation, specify the provision of the Code of Virginia or permit condition violated by the activity, and order that the activity cease immediately.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246439,"text":"In the event of any dispute concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the Director, whose decision shall be final and binding unless reversed on judicial appeal pursuant to &#xA7; 2.2-4026. Any person who fails or refuses to halt such activity may be compelled to do so by injunction issued by a court having competent jurisdiction. Upon determination by the Director that there has been a violation of &#xA7; 62.1-44.16 or of any permit or certificate issued under that section and that such violation poses an imminent threat to public health, safety, or welfare, the Department shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation. Neither the Board, the Commonwealth, nor any employee of the Commonwealth shall be liable for failing to provide the notification required by this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246440,"text":"Local governments shall promptly notify the Department of all results from the testing and monitoring of the land application of industrial wastes performed by persons employed by local governments and any violation of &#xA7; 62.1-44.16 or of any violation of any permit or certificate issued under that section, discovered by local governments.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16405,"edition_id":1,"name":"Regulation of Industrial Establishments","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 04:16:54","date_modified":"2026-06-26 04:16:54","permalink":{"id":269781,"object_type":"structure","relational_id":16405,"identifier":"3","token":"62.1\/3.1\/3","url":"\/62.1\/3.1\/3\/","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":75714,"structure_id":16405,"section_number":"62.1-44.16","catch_line":"Industrial wastes","url":"\/62.1-44.16\/","token":"62.1\/3.1\/3\/62.1-44.16","metadata":false},{"id":68060,"structure_id":16405,"section_number":"62.1-44.16:1","catch_line":"Local enforcement of industrial waste permits","url":"\/62.1-44.16_1\/","token":"62.1\/3.1\/3\/62.1-44.16_1","metadata":false},{"id":78362,"structure_id":16405,"section_number":"62.1-44.17","catch_line":"Other wastes","url":"\/62.1-44.17\/","token":"62.1\/3.1\/3\/62.1-44.17","metadata":false},{"id":73051,"structure_id":16405,"section_number":"62.1-44.17:1","catch_line":"Permits for confined animal feeding operations","url":"\/62.1-44.17_1\/","token":"62.1\/3.1\/3\/62.1-44.17_1","metadata":false},{"id":83087,"structure_id":16405,"section_number":"62.1-44.17:1.1","catch_line":"Poultry waste management program","url":"\/62.1-44.17_1.1\/","token":"62.1\/3.1\/3\/62.1-44.17_1.1","metadata":false}],"previous_section":{"id":75714,"structure_id":16405,"section_number":"62.1-44.16","catch_line":"Industrial wastes","url":"\/62.1-44.16\/","token":"62.1\/3.1\/3\/62.1-44.16","metadata":false},"next_section":{"id":78362,"structure_id":16405,"section_number":"62.1-44.17","catch_line":"Other wastes","url":"\/62.1-44.17\/","token":"62.1\/3.1\/3\/62.1-44.17","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.16:1\/","history_text":"<p>This law was first created in 2015. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0104\">104<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0677\">677<\/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":76087,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","order_by":null,"url":"\/2.2-4026\/"},{"id":75714,"section_number":"62.1-44.16","catch_line":"Industrial wastes","order_by":null,"url":"\/62.1-44.16\/"}],"permalink":{"id":269787,"object_type":"law","relational_id":68060,"identifier":"62.1-44.16:1","token":"62.1\/3.1\/3\/62.1-44.16_1","url":"\/62.1-44.16_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.16_1\/","token":"62.1\/3.1\/3\/62.1-44.16_1","dublin_core":{"Title":"Local enforcement of industrial waste permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.16:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any locality that has adopted an <span class=\"dictionary\">ordinance<\/span> for the testing and monitoring of the land application of <span class=\"dictionary\">industrial wastes<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Industrial wastes\" href=\"\/62.1-44.16\/\">62.1-44.16<\/a> shall have the authority to <span class=\"dictionary\">order<\/span> the abatement of any violation of &#xA7; <a class=\"law\" title=\"Industrial wastes\" href=\"\/62.1-44.16\/\">62.1-44.16<\/a> or of any violation of any permit or <span class=\"dictionary\">certificate<\/span> issued under that section. Such abatement <span class=\"dictionary\">order<\/span> shall identify the activity constituting the violation, specify the provision of the Code of Virginia or permit condition violated by the activity, and <span class=\"dictionary\">order<\/span> that the activity cease immediately. <a id=\"paragraph-246438\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.16_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> In the event of any dispute concerning the existence of a violation, the activity alleged to be in violation shall be halted pending a determination by the <span class=\"dictionary\">Director<\/span>, whose decision shall be final and binding unless reversed on judicial <span class=\"dictionary\">appeal<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Right, forms, venue; date of adoption or readoption for purposes of appeal\" href=\"\/2.2-4026\/\">2.2-4026<\/a>. Any <span class=\"dictionary\">person<\/span> who fails or refuses to halt such activity may be compelled to do so by <span class=\"dictionary\">injunction<\/span> issued by a <span class=\"dictionary\">court<\/span> having competent <span class=\"dictionary\">jurisdiction<\/span>. Upon determination by the <span class=\"dictionary\">Director<\/span> that there has been a violation of &#xA7; <a class=\"law\" title=\"Industrial wastes\" href=\"\/62.1-44.16\/\">62.1-44.16<\/a> or of any permit or <span class=\"dictionary\">certificate<\/span> issued under that section and that such violation poses an imminent threat to public health, safety, or welfare, the <span class=\"dictionary\">Department<\/span> shall commence appropriate action to abate the violation and immediately notify the chief administrative officer of any locality potentially affected by the violation. Neither the <span class=\"dictionary\">Board<\/span>, the Commonwealth, nor any employee of the Commonwealth shall be liable for failing to provide the notification required by this section. <a id=\"paragraph-246439\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.16_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Local governments shall promptly notify the <span class=\"dictionary\">Department<\/span> of all results from the testing and monitoring of the land application of <span class=\"dictionary\">industrial wastes<\/span> performed by <span class=\"dictionary\">persons<\/span> employed by local governments and any violation of &#xA7; <a class=\"law\" title=\"Industrial wastes\" href=\"\/62.1-44.16\/\">62.1-44.16<\/a> or of any violation of any permit or <span class=\"dictionary\">certificate<\/span> issued under that section, discovered by local governments. <a id=\"paragraph-246440\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/62.1-44.16_1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOCAL ENFORCEMENT OF INDUSTRIAL WASTE PERMITS (\u00a7 62.1-44.16:1)\n\nA. Any locality that has adopted an ordinance for the testing and monitoring of\nthe land application of industrial wastes pursuant to &#xA7; 62.1-44.16 shall\nhave the authority to order the abatement of any violation of &#xA7; 62.1-44.16\nor of any violation of any permit or certificate issued under that section. Such\nabatement order shall identify the activity constituting the violation, specify\nthe provision of the Code of Virginia or permit condition violated by the\nactivity, and order that the activity cease immediately.\n\nB. In the event of any dispute concerning the existence of a violation, the\nactivity alleged to be in violation shall be halted pending a determination by\nthe Director, whose decision shall be final and binding unless reversed on\njudicial appeal pursuant to &#xA7; 2.2-4026. Any person who fails or refuses to\nhalt such activity may be compelled to do so by injunction issued by a court\nhaving competent jurisdiction. Upon determination by the Director that there has\nbeen a violation of &#xA7; 62.1-44.16 or of any permit or certificate issued\nunder that section and that such violation poses an imminent threat to public\nhealth, safety, or welfare, the Department shall commence appropriate action to\nabate the violation and immediately notify the chief administrative officer of\nany locality potentially affected by the violation. Neither the Board, the\nCommonwealth, nor any employee of the Commonwealth shall be liable for failing\nto provide the notification required by this section.\n\nC. Local governments shall promptly notify the Department of all results from\nthe testing and monitoring of the land application of industrial wastes\nperformed by persons employed by local governments and any violation of &#xA7;\n62.1-44.16 or of any violation of any permit or certificate issued under that\nsection, discovered by local governments.\n\nHISTORY: 2015, cc. 104, 677.","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}}