                                 CODE OF VIRGINIA

INSPECTIONS; LAND-DISTURBING ACTIVITIES OF NATURAL GAS PIPELINES; STOP WORK
INSTRUCTIONS (§ 62.1-44.15:37.1)

A. The Department is authorized to conduct inspections of the land-disturbing
activities of interstate and intrastate natural gas pipeline companies that have
approved annual standards and specifications pursuant to &#xA7; 62.1-44.15:31 as
such land-disturbing activities relate to construction of any natural gas
transmission pipeline equal to or greater than 24 inches inside diameter to
determine (i) compliance with such annual standards and specifications, (ii)
compliance with any site-specific plans, and (iii) if there have been or are
likely to be adverse impacts to water quality as a result of such
land-disturbing activities, including instances where (a) there has been a
violation of any water quality standard adopted pursuant to the State Water
Control Law (&#xA7; 62.1-44.2 et seq.), (b) sediment has been deposited in
significant amounts in areas where those deposits are not contained by best
management practices, (c) there are repeated instances of adverse impacts or
likely adverse impacts within a 30-day period, or (d) there have been widespread
and repeated instances of adverse impacts or likely impacts. When the Department
determines that there has been a substantial adverse impact to water quality or
that an imminent and substantial adverse impact to water quality is likely to
occur as a result of such land-disturbing activities, the Department may issue a
stop work instruction, without advance notice or hearing, requiring that all or
part of such land-disturbing activities on the part of the site that caused the
substantial adverse impacts to water quality or are likely to cause imminent and
substantial adverse impacts to water quality be stopped until corrective
measures specified in the stop work instruction have been completed and approved
by the Department. Where substantial adverse impacts or likely adverse impacts
are found on a repeated, frequent, and widespread basis, the Department may
issue a stop work instruction for every work area in Virginia until the
Department determines that any systemic cause that contributed to such
occurrences has been corrected.
			Such stop work instruction shall become effective upon service on the company
by email or other technology agreed to in writing by the Department and the
company, by mailing with confirmation of delivery to the address specified in
the annual standards and specifications, if available, or by delivery at the
site to a person previously identified to the Department by the company. Upon
request by the company, the Director or his designee shall review such stop work
instruction within 48 hours of issuance.

B. Within 10 business days of issuance of a stop work instruction, the
Department shall promptly provide to such company an opportunity for an informal
fact-finding proceeding concerning the stop work instruction and any review by
the Director or his designee. Reasonable notice as to the time and place of the
informal fact-finding proceeding shall be provided to such company. Within 10
business days of the informal fact-finding proceeding, the Department shall
affirm, modify, amend, or cancel such stop work instruction. Upon written
documentation from the company of the completion and approval by the Department
in writing of the corrective measures specified in the stop work instruction,
the instruction shall be immediately lifted.

C. The company may appeal such stop work instruction or preliminary decision
rendered by the Director or his designee to the circuit court of the
jurisdiction wherein the land-disturbing activities subject to the stop work
instruction occurred, or to another appropriate court, in accordance with the
requirements of the Administrative Process Act (&#xA7; 2.2-4000 et seq.). Any
person violating or failing, neglecting, or refusing to obey a stop work
instruction issued by the Department may be compelled in a proceeding instituted
in the circuit court of the jurisdiction wherein the violation was alleged to
have occurred or other appropriate court to obey same and to comply therewith by
injunction, mandamus, or other appropriate remedy. Nothing in this section shall
prevent the Board or the Department from taking any other action authorized by
this chapter.

HISTORY: 2018, c. 298; 2021, Sp. Sess. I, c. 277.