§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations.
A. Any locality that has adopted an ordinance for the testing and monitoringof the land application of sewage sludge pursuant to § 62.1-44.19:3 shallhave the authority to order the abatement of any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or of any violation of any regulationadopted under these sections. Such abatement order shall identify theactivity constituting the violation, specify the Code provision or regulationviolated by the activity, and order that the activity cease immediately.
B. In the event of any dispute concerning the existence of a violation, theactivity alleged to be in violation shall be halted pending a determinationby the Director, whose decision shall be final and binding unless reversed onjudicial appeal pursuant to § 2.2-4026. Any person who fails or refuses tohalt such activity may be compelled to do so by injunction issued by a courthaving competent jurisdiction. Upon determination by the Director that therehas been a violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, orof any regulation adopted under these sections and that such violation posesan imminent threat to public health, safety, or welfare, the Department shallcommence appropriate action to abate the violation and immediately notify thechief administrative officer of any locality potentially affected by theviolation. Neither the Board, the Commonwealth, nor any employee of theCommonwealth shall be liable for failing to provide the notification requiredby this section.
C. Local governments shall promptly notify the Department of all results fromthe testing and monitoring of the land application of sewage sludge performedby persons employed by local governments and any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or regulations adopted under thosesections, discovered by local governments.
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations.
A. Any locality that has adopted an ordinance for the testing and monitoringof the land application of sewage sludge pursuant to § 62.1-44.19:3 shallhave the authority to order the abatement of any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or of any violation of any regulationadopted under these sections. Such abatement order shall identify theactivity constituting the violation, specify the Code provision or regulationviolated by the activity, and order that the activity cease immediately.
B. In the event of any dispute concerning the existence of a violation, theactivity alleged to be in violation shall be halted pending a determinationby the Director, whose decision shall be final and binding unless reversed onjudicial appeal pursuant to § 2.2-4026. Any person who fails or refuses tohalt such activity may be compelled to do so by injunction issued by a courthaving competent jurisdiction. Upon determination by the Director that therehas been a violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, orof any regulation adopted under these sections and that such violation posesan imminent threat to public health, safety, or welfare, the Department shallcommence appropriate action to abate the violation and immediately notify thechief administrative officer of any locality potentially affected by theviolation. Neither the Board, the Commonwealth, nor any employee of theCommonwealth shall be liable for failing to provide the notification requiredby this section.
C. Local governments shall promptly notify the Department of all results fromthe testing and monitoring of the land application of sewage sludge performedby persons employed by local governments and any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or regulations adopted under thosesections, discovered by local governments.
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations.
A. Any locality that has adopted an ordinance for the testing and monitoringof the land application of sewage sludge pursuant to § 62.1-44.19:3 shallhave the authority to order the abatement of any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or of any violation of any regulationadopted under these sections. Such abatement order shall identify theactivity constituting the violation, specify the Code provision or regulationviolated by the activity, and order that the activity cease immediately.
B. In the event of any dispute concerning the existence of a violation, theactivity alleged to be in violation shall be halted pending a determinationby the Director, whose decision shall be final and binding unless reversed onjudicial appeal pursuant to § 2.2-4026. Any person who fails or refuses tohalt such activity may be compelled to do so by injunction issued by a courthaving competent jurisdiction. Upon determination by the Director that therehas been a violation of § 62.1-44.19:3, 62.1-44.19:3.1, or 62.1-44.19:3.3, orof any regulation adopted under these sections and that such violation posesan imminent threat to public health, safety, or welfare, the Department shallcommence appropriate action to abate the violation and immediately notify thechief administrative officer of any locality potentially affected by theviolation. Neither the Board, the Commonwealth, nor any employee of theCommonwealth shall be liable for failing to provide the notification requiredby this section.
C. Local governments shall promptly notify the Department of all results fromthe testing and monitoring of the land application of sewage sludge performedby persons employed by local governments and any violation of § 62.1-44.19:3,62.1-44.19:3.1, or 62.1-44.19:3.3, or regulations adopted under thosesections, discovered by local governments.
