40.1-51.28 - Issuance of special orders.
§ 40.1-51.28. Issuance of special orders.
A. The Commissioner shall have the power to issue special orders to:
1. Owners who are permitting or causing asbestos NESHAP violations, to ceaseand desist from such violation;
2. Owners who have violated or failed to comply with the terms and provisionsof any order of the Commissioner, to comply with such terms and provisions;
3. Owners who have contravened duly adopted asbestos NESHAP standards andregulations, to cease such contravention and to comply with air qualitystandards and policies; and
4. Require any owner to comply with the provisions of this chapter.
B. Such special orders are to be issued only after a hearing with reasonablenotice to the affected owners of the time, place and purpose thereof, andthey shall become effective not less than five days after service as providedin subsection C. Should the Commissioner find that any such owner isunreasonably affecting the public health, safety or welfare, the health ofanimal or plant life, or property, after a reasonable attempt to give notice,he shall declare a state of emergency and may issue without a hearing anemergency special order directing the owner to cease such pollutionimmediately, and shall within ten days hold a hearing, after reasonablenotice as to the time and place thereof to the owner to affirm, modify, amendor cancel such emergency special order. If the Commissioner finds that anowner who has been issued a special order or an emergency special order isnot complying with the terms thereof, he may proceed in accordance with §40.1-51.35 or § 40.1-51.39.
C. Any special order issued under the provisions of this section need not befiled with the Secretary of the Commonwealth, but the owner to whom suchspecial order is directed shall be notified by certified mail, return receiptrequested, sent to the last known address of such owner, or by personaldelivery by an agent of the Commissioner, and the time limits specified shallbe counted from the date of receipt.
D. Nothing in this section or in § 40.1-51.26 shall limit the Commissioner'sauthority to proceed against such owner directly under § 40.1-51.35 or §40.1-51.39 without the prior issuance of an order, special, or otherwise.
(1992, c. 541.)