10.1-1307.3 - Executive Director to enforce laws.
§ 10.1-1307.3. Executive Director to enforce laws.
A. The Executive Director or his duly authorized representative shall havethe authority to:
1. Supervise, administer, and enforce the provisions of this chapter andregulations and orders of the Board as are conferred upon him by the Board;
2. Investigate any violations of this chapter and regulations and orders ofthe Board;
3. Require that air pollution records and reports be made available uponrequest, and require owners to develop, maintain, and make available suchother records and information as are deemed necessary for the properenforcement of this chapter and regulations and orders of the Board;
4. Upon presenting appropriate credentials to the owner, operator, or agentin charge:
a. Enter without delay and at reasonable times any business establishment,construction site, or other area, workplace, or environment in thisCommonwealth; and
b. Inspect and investigate during regular working hours and at otherreasonable times, and within reasonable limits and in a reasonable manner,without prior notice, unless such notice is authorized by the Director or hisrepresentative, any such business establishment or place of employment andall pertinent conditions, structures, machines, apparatus, devices,equipment, and materials therein, and question privately any such employer,officer, owner, operator, agent, or employee. If such entry or inspection isrefused, prohibited, or otherwise interfered with, the Director shall havethe power to seek from a court having equity jurisdiction an order compellingsuch entry or inspection; and
5. Temporarily suspend the enforcement of any regulation or permitrequirement applicable to any part of an electrical generation andtransmission system, whether owned or contracted for, when a public electricutility providing power within the Commonwealth so requests and has suffereda force majeure event as defined in subdivision 7 of § 59.1-21.18:2.
B. The Executive Director or his duly authorized representative may pursueenforcement action for a violation of opacity requirements or limits based on(i) visual observations conducted pursuant to methods approved by the U.S.Environmental Protection Agency, (ii) data from certified continuous opacitymonitors, or (iii) other methods approved by the U.S. EnvironmentalProtection Agency.
(1990, c. 238; 1995, c. 184; 2007, c. 148.)