                                 CODE OF VIRGINIA

WHEN BOARD MAY PROHIBIT DISCHARGE; PERMITS (§ 62.1-44.18:2)

A. Notwithstanding any other provision of this chapter, the Board shall have the
authority to prohibit any present or proposed discharge of sewage, industrial
wastes, or other wastes into any sewerage system or treatment works when it has
determined that such discharge would threaten the public health and safety, or
would substantially interfere or be incompatible with the treatment works, or
would substantially interfere with usage of state waters as designated by the
Board. Before making any such determination, the Board shall consult with and
receive the advice of the State Department of Health.

B. The Board shall have the authority to issue permits which prescribe the terms
and conditions upon which the discharge of sewage, industrial wastes, or other
wastes may be made into any sewerage system or treatment works. The Board may
revoke or amend any such permit for good cause and after proper hearing.
Notwithstanding the requirement for notice and a hearing, the Board may, after
consultation with the State Department of Health, summarily revoke or amend such
permit when it determines that the permitted discharge poses a threat to the
public health and safety, or is interfering substantially with the treatment
works, or is grossly affecting usage of state waters as designated by the Board.
In such case, the Board shall hold a hearing as soon as practicable but in no
event later than twenty days after the revocation or amendment with reasonable
notice to the owner as to the time and place thereof to affirm, modify, or
rescind the summary revocation or amendment of such permit.

C. Nothing in this section shall limit the authority of the Board to proceed
against such owner directly under &#xA7; 62.1-44.23 or &#xA7; 62.1-44.32 after
the Board has prohibited discharge, or after the Board has summarily amended or
revoked the permit which authorized the discharge. If a proposed revocation or
amendment of a permit is mutually agreeable to the Board and the owner, the
hearing and notice thereof may be dispensed with.

HISTORY: 1976, c. 626.