                                 CODE OF VIRGINIA

ENFORCEMENT (§ 32.1-234.1)

A. Whenever the Department finds, following inspection and examination, that a
source of radiation as constructed, operated, or maintained results in a
violation of this article or of any regulations promulgated pursuant to this
article, the Department shall:

   1. Notify the person in control of the source of radiation as to the nature of
   the violation; and

   2. Specify a time frame for termination or abatement of the violation,
   including a deadline by which the source of the violation shall be
   reconstructed, operated, or maintained in compliance with this article and any
   regulations promulgated pursuant to this article.

B. Upon failure to comply with the time frame specified by the Department for
termination or abatement of the violation, the Department may revoke the
license, and pursue penalties or enforcement in accordance with &#xA7; 32.1-27.

C. Whenever, in the judgment of the Department, any person has engaged in or is
about to engage in any acts or practices that constitute or will constitute an
emergency, hazard to health and safety, or a violation of any provision of this
article or any rule, regulation, or order issued thereunder, and at the request
of the Commissioner, the Attorney General may make application to the
appropriate court for an order enjoining such acts or practices, or for an order
directing compliance, and upon a showing by the Department that such person has
engaged or is about to engage in any such acts or practices, a permanent or
temporary injunction, restraining order, or other order may be granted.

D. In addition to the provisions of &#xA7; 32.1-27, any person who violates the
provisions of this article or any order or regulation adopted pursuant thereto
shall, upon a finding by a court of competent jurisdiction, be assessed a civil
penalty of not more than $10,000 for each day of such violation. All penalties
arising under this section shall be recovered in a civil action brought by the
Attorney General in the name of the Commonwealth. Civil penalties collected
pursuant to this section shall be paid into the state treasury and credited to
the Radioactive Material Perpetual Care Trust Fund created pursuant to &#xA7;
32.1-232.

E. In addition to the provisions of &#xA7; 32.1-25, the Department shall have
the power to enter at all reasonable times, or in cases of an emergency, upon
any private or public property for the purpose of determining whether or not
there is compliance with or violation of the provisions of this article and
rules and regulations issued thereunder, except that entry into areas under the
jurisdiction of the federal government shall be effected only with the
concurrence of the federal government or its duly designated representative.

HISTORY: 2008, cc. 41, 466.