                                 CODE OF VIRGINIA

CLOSING OF WATERS; MODIFICATION OR REVOCATION OF REGULATION OR ORDER (§
32.1-248)

The Board may adopt regulations or orders closing any river, stream, lake or
other body of water in this Commonwealth to fishing, boating, swimming or any
other usage if the Board finds, and states the reasons and precise factual basis
for finding, that a toxic substance as defined in § 32.1-239 is present in such
river, stream, lake or other body of water in such manner as to constitute a
present threat to public health and welfare. Such regulation or order may be
temporary or permanent and may be issued initially on an emergency basis.
Thereafter it may be promulgated as a final regulation or order upon the
completion by the Board of the procedural requirements set forth in the
Administrative Process Act (§ 2.2-4000 et seq.).
		If the Commissioner determines that the threat to public health and welfare
has abated in whole or in part, the State Health Commissioner may modify or
revoke any such regulation or order in a manner that lessens the restrictions
placed upon fishing, boating, swimming, or other usage. Such modification or
revocation by the Commissioner shall not be subject to the requirements of the
Administrative Process Act but shall be filed with the Registrar of Regulations
in accordance with § 2.2-4103. The Board shall review such modification or
revocation at its next regularly scheduled meeting after such action by the
Commissioner and shall affirm, reverse, or modify the Commissioner&#8217;s
action. Review by the Board shall also be exempt from the provisions of the
Administrative Process Act.

HISTORY: 1979, c. 711; 1981, c. 144.