                                 CODE OF VIRGINIA

EXECUTIVE DIRECTOR TO ENFORCE LAWS (§ 10.1-1307.3)

A. The Executive Director or his duly authorized representative shall have the
authority to:

   1. Supervise, administer, and enforce the provisions of this chapter and
   regulations and orders of the Board as are conferred upon him by the Board;

   2. Investigate any violations of this chapter and regulations and orders of
   the Board;

   3. Require that air pollution records and reports be made available upon
   request, and require owners to develop, maintain, and make available such
   other records and information as are deemed necessary for the proper
   enforcement of this chapter and regulations and orders of the Board;

   4. Upon presenting appropriate credentials to the owner, operator, or agent in
   charge:
   				a. Enter without delay and at reasonable times any business establishment,
   construction site, or other area, workplace, or environment in this
   Commonwealth; and
   				b. Inspect and investigate during regular working hours and at other
   reasonable times, and within reasonable limits and in a reasonable manner,
   without prior notice, unless such notice is authorized by the Director or his
   representative, any such business establishment or place of employment and all
   pertinent conditions, structures, machines, apparatus, devices, equipment, and
   materials therein, and question privately any such employer, officer, owner,
   operator, agent, or employee. If such entry or inspection is refused,
   prohibited, or otherwise interfered with, the Director shall have the power to
   seek from a court having equity jurisdiction an order compelling such entry or
   inspection; and

   5. Temporarily suspend the enforcement of any regulation or permit requirement
   applicable to any part of an electrical generation and transmission system,
   whether owned or contracted for, when a public electric utility providing
   power within the Commonwealth so requests and has suffered a force majeure
   event as defined in subdivision 7 of &#xA7; 59.1-21.18:2.

B. The Executive Director or his duly authorized representative may pursue
enforcement action for a violation of opacity requirements or limits based on
(i) visual observations conducted pursuant to methods approved by the U.S.
Environmental Protection Agency, (ii) data from certified continuous opacity
monitors, or (iii) other methods approved by the U.S. Environmental Protection
Agency.

HISTORY: 1990, c. 238; 1995, c. 184; 2007, c. 148.