A. Whenever the Department finds, following inspection and examination, that a source of radiation as constructed, operated, or maintained results in a violation of this article or of any regulations promulgated pursuant to this article, the Department shall:
1. Notify the person in control of the source of radiation as to the nature of the violation; and
2. Specify a time frame for termination or abatement of the violation, including a deadline by which the source of the violation shall be reconstructed, operated, or maintained in compliance with this article and any regulations promulgated pursuant to this article.
B. Upon failure to comply with the time frame specified by the Department for termination or abatement of the violation, the Department may revoke the license, and pursue penalties or enforcement in accordance with § 32.1-27.
C. Whenever, in the judgment of the Department, any person has engaged in or is about to engage in any acts or practices that constitute or will constitute an emergency, hazard to health and safety, or a violation of any provision of this article or any rule, regulation, or order issued thereunder, and at the request of the Commissioner, the Attorney General may make application to the appropriate court for an order enjoining such acts or practices, or for an order directing compliance, and upon a showing by the Department that such person has engaged or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.
D. In addition to the provisions of § 32.1-27, any person who violates the provisions of this article or any order or regulation adopted pursuant thereto shall, upon a finding by a court of competent jurisdiction, be assessed a civil penalty of not more than $10,000 for each day of such violation. All penalties arising under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Civil penalties collected pursuant to this section shall be paid into the state treasury and credited to the Radioactive Material Perpetual Care Trust Fund created pursuant to § 32.1-232.
E. In addition to the provisions of § 32.1-25, the Department shall have the power to enter at all reasonable times, or in cases of an emergency, upon any private or public property for the purpose of determining whether or not there is compliance with or violation of the provisions of this article and rules and regulations issued thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.
2008, cc. 41, 466.
Structure Code of Virginia
Chapter 6 - Environmental Health Services
§ 32.1-163.1. Personal liability of sanitarians defined
§ 32.1-163.2. Long range plan for onsite sewage
§ 32.1-163.3. Identities of persons making certain reports to remain confidential
§ 32.1-163.5. Onsite sewage evaluations
§ 32.1-163.6. Professional engineering of onsite treatment works
§ 32.1-164.1. Appeals from denials of septic tank permits; inspections
§ 32.1-164.1:01. Onsite Sewage Indemnification Fund
§ 32.1-164.1:1. Validity of certain septic tank permits
§ 32.1-164.1:2. Eligibility for betterment loans to repair or replace failing onsite sewage systems
§ 32.1-164.1:3. Permits for voluntary system upgrades
§ 32.1-164.8. Onsite Operation and Maintenance Fund established
§ 32.1-166. Agreements with federal agencies
§ 32.1-166.1. Review Board; members
§ 32.1-166.2. Officers; secretary
§ 32.1-166.6. Review Board to hear appeals
§ 32.1-166.7. Subpoenas; witnesses; designation of subordinates
§ 32.1-166.8. Record of decisions
§ 32.1-166.9. Interpretation of application of regulations; recommendation of modifications
§ 32.1-169. Supervision by Board
§ 32.1-171. Technical assistance as to sources and purity
§ 32.1-171.2. Water Supply Assistance Grant Fund established
§ 32.1-173. Additional or amended permits
§ 32.1-173.1. Increase in charges to finance required changes
§ 32.1-174. Revocation of permits
§ 32.1-174.1. Bonds of permit holders
§ 32.1-174.2. Duties of electric utilities
§ 32.1-174.4. Identification and elimination of chronically noncompliant waterworks
§ 32.1-175. Emergency orders; appeal
§ 32.1-175.01. Issuance of special orders
§ 32.1-175.1. Notice to local government
§ 32.1-176.2. Findings and policy
§ 32.1-176.4. Powers and duties of Board and Department; regulations; fees
§ 32.1-176.5. Construction permit; local government authority to require analysis of water
§ 32.1-176.5:1. Department to test for oil contamination; maintain lists of private laboratories
§ 32.1-176.5:2. Prohibition on private well construction
§ 32.1-176.7. Other agencies to cooperate with Department
§ 32.1-176.8:1. Private well and public water supply well testing near coal ash ponds; monitoring
§ 32.1-187. Counties, cities and towns may create mosquito control districts
§ 32.1-188. Consolidation of districts
§ 32.1-189. Mosquito control commission; composition; appointment of members
§ 32.1-190. Powers of commission; oath and terms of members; vacancies
§ 32.1-191. Secretary of commission
§ 32.1-192. Further powers of commission
§ 32.1-194. Special tax authorized
§ 32.1-195. Contributions from Board
§ 32.1-196. Disposition of funds not needed for mosquito control
§ 32.1-197. Compensation and expenses of members of commission
§ 32.1-201. Free access to certain toilet facilities
§ 32.1-202. Power of counties, cities and towns not limited
§ 32.1-204. Notice of intention to construct, etc., camp
§ 32.1-206. Application for permit
§ 32.1-207. Inspection; issuance of permit; permits nontransferable
§ 32.1-208. Provisional permits
§ 32.1-209. Denial, revocation or suspension of permits
§ 32.1-210. Camp operator's responsibilities
§ 32.1-213. Shoddy, secondhand filling material, feathers, animal hair and down to be sanitized
§ 32.1-214. New animal hair, feathers and down to be sterilized
§ 32.1-215. Disposal restricted
§ 32.1-216. Permit for use of process to sanitize or sterilize
§ 32.1-220. Same; filling material
§ 32.1-221. Offenses as to tags
§ 32.1-222. Return of improperly tagged items; payment of costs of return; failure to pay costs
§ 32.1-223. New and sanitized items to be kept separate
§ 32.1-226. Violation a misdemeanor; application of the Virginia Consumer Protection Act
§ 32.1-228.1. Department designated state radiation control agency; powers and duties
§ 32.1-229. Powers and duties of the Board
§ 32.1-229.01:1. Action for damages
§ 32.1-229.2. Costs of inspection conducted by Health Department; fees to be used to support program
§ 32.1-229.3. Licensing of radioactive material
§ 32.1-230. Further powers of Board
§ 32.1-231. Bonds of licensees
§ 32.1-232. Radioactive Material Perpetual Care Trust Fund
§ 32.1-232.1. Special Trust Fund for Radioactive Materials Facility Licensure and Inspection created
§ 32.1-233. Radiation Advisory Board; composition; duties generally
§ 32.1-237. Effect upon local ordinances, etc.
§ 32.1-238. Impounding sources of ionizing radiation
§ 32.1-240. Department designated state toxic substance information agency
§ 32.1-241. Powers and duties of Board
§ 32.1-243. State agencies directed to cooperate with and furnish information to Board
§ 32.1-246.1. Signs or notices required on dump stations
§ 32.1-248. Closing of waters; modification or revocation of regulation or order
§ 32.1-248.01. Fish consumption advisories
§ 32.1-248.1. Posting of water quality test results by certain recreational facilities
§ 32.1-248.2. Use of rainwater and reuse of gray water; regulations
§ 32.1-248.3. Environmental Health Education and Training Fund