                                 CODE OF VIRGINIA

LOCAL ENFORCEMENT OF SEWAGE SLUDGE REGULATIONS (§ 62.1-44.19:3.2)

A. Any locality that has adopted an ordinance for the testing and monitoring of
the land application of sewage sludge pursuant to &#xA7; 62.1-44.19:3 shall have
the authority to order the abatement of any violation of &#xA7; 62.1-44.19:3,
62.1-44.19:3.1, or 62.1-44.19:3.3, or of any violation of any regulation adopted
under these sections. Such abatement order shall identify the activity
constituting the violation, specify the Code provision or regulation 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; 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, or
of any regulation adopted under these sections 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 sewage sludge performed by
persons employed by local governments and any violation of &#xA7; 62.1-44.19:3,
62.1-44.19:3.1, or 62.1-44.19:3.3, or regulations adopted under those sections,
discovered by local governments.

HISTORY: 2007, cc. 881, 929.