The Board may adopt regulations or orders closing any river, stream, lake or other body of water in this Commonwealth to fishing, boating, swimming or any other usage if the Board finds, and states the reasons and precise factual basis for finding, that a toxic substance as defined in § 32.1-239 is present in such river, stream, lake or other body of water in such manner as to constitute a present threat to public health and welfare. Such regulation or order may be temporary or permanent and may be issued initially on an emergency basis. Thereafter it may be promulgated as a final regulation or order upon the completion by the Board of the procedural requirements set forth in the Administrative Process Act (§ 2.2-4000 et seq.).
If the Commissioner determines that the threat to public health and welfare has abated in whole or in part, the State Health Commissioner may modify or revoke any such regulation or order in a manner that lessens the restrictions placed upon fishing, boating, swimming, or other usage. Such modification or revocation by the Commissioner shall not be subject to the requirements of the Administrative Process Act but shall be filed with the Registrar of Regulations in accordance with § 2.2-4103. The Board shall review such modification or revocation at its next regularly scheduled meeting after such action by the Commissioner and shall affirm, reverse, or modify the Commissioner's action. Review by the Board shall also be exempt from the provisions of the Administrative Process Act.
1979, c. 711; 1981, c. 144.
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