45.1-361.27 - Duties, responsibilities and authority of the Director.
§ 45.1-361.27. Duties, responsibilities and authority of the Director.
A. The Director shall promulgate and enforce rules, regulations and ordersnecessary to ensure the safe and efficient development and production of gasand oil resources located in the Commonwealth. Such rules, regulations andorders shall be designed to:
1. Prevent pollution of state waters and require compliance with the WaterQuality Standards adopted by the State Water Control Board;
2. Protect against off-site disturbances from gas, oil, or geophysicaloperations;
3. Ensure the restoration of all sites disturbed by gas, oil, or geophysicaloperations;
4. Prevent the escape of the Commonwealth's gas and oil resources;
5. Provide for safety in coal and mineral mining and coalbed methane well andrelated facility operations;
6. Control wastes from gas, oil, or geophysical operations;
7. Provide for the accurate measurement of gas and oil production anddelivery to the first point of sale; and
8. Protect the public safety and general welfare.
B. In promulgating rules and regulations, and when issuing orders for theenforcement of the provisions of this article, the Director shall considerthe following factors:
1. The protection of the citizens and environment of the Commonwealth fromthe public safety and environmental risks associated with the development andproduction of gas or oil;
2. The means of ensuring the safe recovery of coal and other minerals withoutsubstantially affecting the right of coal, minerals, gas, oil, or geophysicaloperators to explore for and produce coal, minerals, gas, or oil; and
3. The protection of safety and health on permitted sites for coalbed methanewells and related facilities.
C. In promulgating rules, regulations and orders, the Director shall beauthorized to set and enforce standards governing the following: gas or oilground-disturbing geophysical exploration; the development, drilling, casing,equipping, operating and plugging of gas or oil production, storage, enhancedrecovery, or disposal wells; the development, operation and restoration ofsite disturbances for wells, gathering pipelines and associated facilities;and gathering pipeline safety.
D. Whenever the Director determines that an emergency exists, he shall issuean emergency order without advance notice or hearing. Such orders shall havethe same validity as orders issued with advance notice and hearing, but shallremain in force no longer than thirty days from their effective date. Afterissuing an emergency order, the Director shall promptly notify the public ofthe order by publication and hold a public hearing for the purposes ofmodifying, repealing or making permanent the emergency order. Emergencyorders shall prevail as against general regulations or orders when inconflict therewith. Emergency orders shall apply to gas, oil, or geophysicaloperations and to particular fields, geographical areas, subject areas,subject matter or situations.
E. The Director shall also have the authority to:
1. Issue, condition and revoke permits;
2. Issue notices of violation and orders upon violations of any provision ofthis chapter or regulation adopted thereunder;
3. Issue closure orders in cases of imminent danger to persons or damage tothe environment or upon a history of violations;
4. Require or forfeit bonds or other financial securities;
5. Prescribe the nature of and form for the presentation of any informationand documentation required by any provision of this article or regulationadopted thereunder;
6. Maintain suit in the city or county where a violation has occurred or isthreatened, or wherever a person who has violated or threatens to violate anyprovision of this chapter may be found, in order to restrain the actual orthreatened violation;
7. At reasonable times and under reasonable circumstances, enter upon anyproperty and take such action as is necessary to administer and enforce theprovisions of this chapter; and
8. Inspect and review all properties and records thereof as are necessary toadminister and enforce the provisions of this chapter.
(1982, c. 347, § 45.1-293; 1987, c. 452; 1989, c. 164; 1990, c. 92; 1997, c.421.)