62.1-268 - Issuance of special orders.
§ 62.1-268. Issuance of special orders.
A. The Board may issue special orders (i) requiring any person who hasviolated the terms and provisions of a ground water withdrawal permit issuedby the Board to comply with such terms and provisions; (ii) requiring anyperson who has failed to comply with a directive from the Board to complywith such directive; or (iii) requiring any person who has failed to complywith the provisions of this chapter or any decision of the Board pertainingto ground water to comply with such provision or decision.
B. Such special orders are to be issued only after a hearing with at leastthirty days' notice to the affected person of the time, place and purposethereof, and they shall become effective not less than fifteen days afterservice by certified mail, sent to the last known address of such person,with the time limits counted from the date of such mailing; however, if theBoard finds that any such person is grossly affecting or presents an imminentand substantial danger to (i) the public welfare, safety or health; (ii) apublic water supply; or (iii) commercial, industrial, agricultural or otherbeneficial uses, it may issue, without advance notice or hearing, anemergency special order directing the person to cease such withdrawalimmediately and shall provide an opportunity for a hearing, after reasonablenotice as to the time and place thereof to the person, to affirm, modify,amend or cancel such emergency special order. If a person who has beenissued such a special order or an emergency special order is not complyingwith the terms thereof, the Board may proceed in accordance with § 62.1-269,and where the order is based on a finding of an imminent and substantialdanger, the court shall issue an injunction compelling compliance with theemergency special order pending a hearing by the Board. If an emergencyspecial order requires cessation of a withdrawal, the Board shall provide anopportunity for a hearing within forty-eight hours of the issuance of theinjunction.
C. The provisions of this section notwithstanding, the Board may proceeddirectly under § 62.1-270 for any past violation or violations of anyprovision of this chapter or any regulation duly promulgated hereunder.
D. With the consent of any person who has violated or failed, neglected orrefused to obey any regulation or order of the Board pertaining to groundwater, any condition of a ground water withdrawal permit or any provision ofthis chapter, the Board may provide, in an order issued by the Board againstsuch person, for the payment of civil charges for past violations in specificsums not to exceed the limit specified in § 62.1-270. Such civil chargesshall be instead of any appropriate civil penalty which could be imposedunder subsection A of § 62.1-270 and shall not be subject to the provisionsof § 2.2-514.
(1992, c. 812.)