                                 CODE OF VIRGINIA

LOCAL ENFORCEMENT OF INDUSTRIAL WASTE PERMITS (§ 62.1-44.16:1)

A. 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.

B. 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.

C. 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.

HISTORY: 2015, cc. 104, 677.