19.2-393 - Definitions.
§ 19.2-393. Definitions.
An "inspection warrant" is an order in writing, made in the name of theCommonwealth, signed by any judge of the circuit court whose territorialjurisdiction encompasses the property or premises to be inspected or entered,and directed to a state or local official, commanding him to enter and toconduct any inspection, testing or collection of samples for testing requiredor authorized by state or local law or regulation in connection with themanufacturing, emitting or presence of a toxic substance, and whichdescribes, either directly or by reference to any accompanying or attachedsupporting affidavit, the property or premises where the inspection, testingor collection of samples for testing is to occur. Such warrant shall besufficiently accurate in description so that the official executing thewarrant and the owner or custodian of the property or premises can reasonablydetermine from the warrant the activity, condition, circumstance, object orproperty of which inspection, testing or collection of samples for testing isauthorized.
For the purposes of this chapter, "manufacturing" means producing,formulating, packaging, or diluting any substance for commercial sale orresale; "emitting" means the release of any substance, whether or notintentional or avoidable, into the work environment, into the air, into thewater, or otherwise into the human environment; and "toxic substance" meansany substance, including (i) any raw material, intermediate product,catalyst, final product and by-product of any operation conducted in acommercial establishment and (ii) any biological organism, that has thecapacity, through its physical, chemical, or biological properties, to pose asubstantial risk to humans, aquatic organisms or any other animal of illness,death or impairment of normal functions, either immediately or over a periodof time.
(1976, c. 625; 1979, c. 122.)