The State Health Commissioner may close any crustacea, finfish or shellfish growing area without a hearing or an investigation, if he has substantial evidence or information that such area is polluted or likely to be polluted. In such event, the State Health Commissioner shall, within thirty days after such closure or declaration, either reopen the area or make the examination, inspection, and analysis provided for in §§ 28.2-803 through 28.2-808. If such grounds or area is not reopened or declared not polluted within thirty days after closure or declaration of pollution, any leaseholder in the growing area may demand and have a public hearing as to the conditions of the ground or area.
Code 1950, § 28-162; 1962, c. 406, § 28.1-178; 1992, c. 836.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
Chapter 8 - Health and Sanitation Provisions
§ 28.2-801. Authority to promulgate regulations; enforcement
§ 28.2-803. Examination, analysis and inspection
§ 28.2-804. Polluted ground; crustacea, finfish or shellfish
§ 28.2-805. Notice to cease activity
§ 28.2-806. State Health Commissioner to establish standards
§ 28.2-807. Condemnation of polluted growing area; procedure
§ 28.2-808. Periods of condemnation
§ 28.2-809. Emergency closing of ground
§ 28.2-810. Removal, transportation, etc., from polluted ground; penalty
§ 28.2-811. Permits for transporting, relaying or depurating; revocation
§ 28.2-812. Sealing motor vehicles used in transporting
§ 28.2-813. Maintenance of records
§ 28.2-814. Submission of reports
§ 28.2-815. Application for special permit
§ 28.2-816. Supervision of removal, relaying or depuration; seasons established
§ 28.2-817. Displaying identification when transporting shellfish
§ 28.2-818. Identification of relay areas
§ 28.2-819. Movement and unloading of shellfish from condemned area
§ 28.2-820. Harvesting, transporting, handling or transplanting of seed-stock shellfish
§ 28.2-821. Violations; penalty
§ 28.2-822. Suspension or revocation of licenses
§ 28.2-823. Certification of shellfish from outside the Commonwealth