32.1-234.1 - Enforcement.
§ 32.1-234.1. Enforcement.
A. Whenever the Department finds, following inspection and examination, thata source of radiation as constructed, operated, or maintained results in aviolation of this article or of any regulations promulgated pursuant to thisarticle, the Department shall:
1. Notify the person in control of the source of radiation as to the natureof the violation; and
2. Specify a time frame for termination or abatement of the violation,including a deadline by which the source of the violation shall bereconstructed, operated, or maintained in compliance with this article andany regulations promulgated pursuant to this article.
B. Upon failure to comply with the time frame specified by the Department fortermination or abatement of the violation, the Department may revoke thelicense, and pursue penalties or enforcement in accordance with § 32.1-27.
C. Whenever, in the judgment of the Department, any person has engaged in oris about to engage in any acts or practices that constitute or willconstitute an emergency, hazard to health and safety, or a violation of anyprovision of this article or any rule, regulation, or order issuedthereunder, and at the request of the Commissioner, the Attorney General maymake application to the appropriate court for an order enjoining such acts orpractices, or for an order directing compliance, and upon a showing by theDepartment that such person has engaged or is about to engage in any suchacts or practices, a permanent or temporary injunction, restraining order, orother order may be granted.
D. In addition to the provisions of § 32.1-27, any person who violates theprovisions of this article or any order or regulation adopted pursuantthereto shall, upon a finding by a court of competent jurisdiction, beassessed a civil penalty of not more than $10,000 for each day of suchviolation. All penalties arising under this section shall be recovered in acivil action brought by the Attorney General in the name of the Commonwealth.Civil penalties collected pursuant to this section shall be paid into thestate treasury and credited to the Radioactive Material Perpetual Care TrustFund created pursuant to § 32.1-232.
E. In addition to the provisions of § 32.1-25, the Department shall have thepower to enter at all reasonable times, or in cases of an emergency, upon anyprivate or public property for the purpose of determining whether or notthere is compliance with or violation of the provisions of this article andrules and regulations issued thereunder, except that entry into areas underthe jurisdiction of the federal government shall be effected only with theconcurrence of the federal government or its duly designated representative.
(2008, cc. 41, 466.)