A. The Board shall have the power to control and regulate its internalaffairs; initiate and supervise research programs to determine the causes,effects, and hazards of air pollution; initiate and supervise statewideprograms of air pollution control education; cooperate with and receive moneyfrom the federal government or any county or municipal government, andreceive money from any other source, whether public or private; develop acomprehensive program for the study, abatement, and control of all sources ofair pollution in the Commonwealth; and advise, consult, and cooperate withagencies of the United States and all agencies of the Commonwealth, politicalsubdivisions, private industries, and any other affected groups infurtherance of the purposes of this chapter.
B. The Board may adopt by regulation emissions standards controlling therelease into the atmosphere of air pollutants from motor vehicles, only asprovided in Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2.
C. After any regulation has been adopted by the Board pursuant to §10.1-1308, it may in its discretion grant local variances therefrom, if itfinds after an investigation and hearing that local conditions warrant. Iflocal variances are permitted, the Board shall issue an order to this effect.Such order shall be subject to revocation or amendment at any time if theBoard after a hearing determines that the amendment or revocation iswarranted. Variances and amendments to variances shall be adopted only aftera public hearing has been conducted pursuant to the public advertisement ofthe subject, date, time, and place of the hearing at least 30 days prior tothe scheduled hearing. The hearing shall be conducted to give the public anopportunity to comment on the variance.
D. After the Board has adopted the regulations provided for in § 10.1-1308,it shall have the power to: (i) initiate and receive complaints as to airpollution; (ii) hold or cause to be held hearings and enter ordersdiminishing or abating the causes of air pollution and orders to enforce itsregulations pursuant to § 10.1-1309; and (iii) institute legal proceedings,including suits for injunctions for the enforcement of its orders,regulations, and the abatement and control of air pollution and for theenforcement of penalties.
E. The Board in making regulations and in approving variances, controlprograms, or permits, and the courts in granting injunctive relief under theprovisions of this chapter, shall consider facts and circumstances relevantto the reasonableness of the activity involved and the regulations proposedto control it, including:
1. The character and degree of injury to, or interference with, safety,health, or the reasonable use of property which is caused or threatened to becaused;
2. The social and economic value of the activity involved;
3. The suitability of the activity to the area in which it is located; and
4. The scientific and economic practicality of reducing or eliminating thedischarge resulting from such activity.
F. The Board may designate one of its members, the Director, or a staffassistant to conduct the hearings provided for in this chapter. A record ofthe hearing shall be made and furnished to the Board for its use in arrivingat its decision.
G. The Board shall submit an annual report to the Governor and GeneralAssembly on or before October 1 of each year on matters relating to theCommonwealth's air pollution control policies and on the status of theCommonwealth's air quality.
(1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8;1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984, c.734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. 650.)
A. The Board shall have the power to control and regulate its internalaffairs; initiate and supervise research programs to determine the causes,effects, and hazards of air pollution; initiate and supervise statewideprograms of air pollution control education; cooperate with and receive moneyfrom the federal government or any county or municipal government, andreceive money from any other source, whether public or private; develop acomprehensive program for the study, abatement, and control of all sources ofair pollution in the Commonwealth; and advise, consult, and cooperate withagencies of the United States and all agencies of the Commonwealth, politicalsubdivisions, private industries, and any other affected groups infurtherance of the purposes of this chapter.
B. The Board may adopt by regulation emissions standards controlling therelease into the atmosphere of air pollutants from motor vehicles, only asprovided in Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2.
C. After any regulation has been adopted by the Board pursuant to §10.1-1308, it may in its discretion grant local variances therefrom, if itfinds after an investigation and hearing that local conditions warrant. Iflocal variances are permitted, the Board shall issue an order to this effect.Such order shall be subject to revocation or amendment at any time if theBoard after a hearing determines that the amendment or revocation iswarranted. Variances and amendments to variances shall be adopted only aftera public hearing has been conducted pursuant to the public advertisement ofthe subject, date, time, and place of the hearing at least 30 days prior tothe scheduled hearing. The hearing shall be conducted to give the public anopportunity to comment on the variance.
D. After the Board has adopted the regulations provided for in § 10.1-1308,it shall have the power to: (i) initiate and receive complaints as to airpollution; (ii) hold or cause to be held hearings and enter ordersdiminishing or abating the causes of air pollution and orders to enforce itsregulations pursuant to § 10.1-1309; and (iii) institute legal proceedings,including suits for injunctions for the enforcement of its orders,regulations, and the abatement and control of air pollution and for theenforcement of penalties.
E. The Board in making regulations and in approving variances, controlprograms, or permits, and the courts in granting injunctive relief under theprovisions of this chapter, shall consider facts and circumstances relevantto the reasonableness of the activity involved and the regulations proposedto control it, including:
1. The character and degree of injury to, or interference with, safety,health, or the reasonable use of property which is caused or threatened to becaused;
2. The social and economic value of the activity involved;
3. The suitability of the activity to the area in which it is located; and
4. The scientific and economic practicality of reducing or eliminating thedischarge resulting from such activity.
F. The Board may designate one of its members, the Director, or a staffassistant to conduct the hearings provided for in this chapter. A record ofthe hearing shall be made and furnished to the Board for its use in arrivingat its decision.
G. The Board shall submit an annual report to the Governor and GeneralAssembly on or before October 1 of each year on matters relating to theCommonwealth's air pollution control policies and on the status of theCommonwealth's air quality.
(1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8;1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984, c.734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. 650.)
A. The Board shall have the power to control and regulate its internalaffairs; initiate and supervise research programs to determine the causes,effects, and hazards of air pollution; initiate and supervise statewideprograms of air pollution control education; cooperate with and receive moneyfrom the federal government or any county or municipal government, andreceive money from any other source, whether public or private; develop acomprehensive program for the study, abatement, and control of all sources ofair pollution in the Commonwealth; and advise, consult, and cooperate withagencies of the United States and all agencies of the Commonwealth, politicalsubdivisions, private industries, and any other affected groups infurtherance of the purposes of this chapter.
B. The Board may adopt by regulation emissions standards controlling therelease into the atmosphere of air pollutants from motor vehicles, only asprovided in Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2.
C. After any regulation has been adopted by the Board pursuant to §10.1-1308, it may in its discretion grant local variances therefrom, if itfinds after an investigation and hearing that local conditions warrant. Iflocal variances are permitted, the Board shall issue an order to this effect.Such order shall be subject to revocation or amendment at any time if theBoard after a hearing determines that the amendment or revocation iswarranted. Variances and amendments to variances shall be adopted only aftera public hearing has been conducted pursuant to the public advertisement ofthe subject, date, time, and place of the hearing at least 30 days prior tothe scheduled hearing. The hearing shall be conducted to give the public anopportunity to comment on the variance.
D. After the Board has adopted the regulations provided for in § 10.1-1308,it shall have the power to: (i) initiate and receive complaints as to airpollution; (ii) hold or cause to be held hearings and enter ordersdiminishing or abating the causes of air pollution and orders to enforce itsregulations pursuant to § 10.1-1309; and (iii) institute legal proceedings,including suits for injunctions for the enforcement of its orders,regulations, and the abatement and control of air pollution and for theenforcement of penalties.
E. The Board in making regulations and in approving variances, controlprograms, or permits, and the courts in granting injunctive relief under theprovisions of this chapter, shall consider facts and circumstances relevantto the reasonableness of the activity involved and the regulations proposedto control it, including:
1. The character and degree of injury to, or interference with, safety,health, or the reasonable use of property which is caused or threatened to becaused;
2. The social and economic value of the activity involved;
3. The suitability of the activity to the area in which it is located; and
4. The scientific and economic practicality of reducing or eliminating thedischarge resulting from such activity.
F. The Board may designate one of its members, the Director, or a staffassistant to conduct the hearings provided for in this chapter. A record ofthe hearing shall be made and furnished to the Board for its use in arrivingat its decision.
G. The Board shall submit an annual report to the Governor and GeneralAssembly on or before October 1 of each year on matters relating to theCommonwealth's air pollution control policies and on the status of theCommonwealth's air quality.
(1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8;1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984, c.734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. 650.)
