62.1-44.18:2 - When Board may prohibit discharge; permits
§ 62.1-44.18:2. When Board may prohibit discharge; permits.
A. Notwithstanding any other provision of this chapter, the Board shall havethe authority to prohibit any present or proposed discharge of sewage,industrial wastes, or other wastes into any sewerage system or treatmentworks when it has determined that such discharge would threaten the publichealth and safety, or would substantially interfere or be incompatible withthe treatment works, or would substantially interfere with usage of statewaters as designated by the Board. Before making any such determination, theBoard shall consult with and receive the advice of the State Department ofHealth.
B. The Board shall have the authority to issue permits which prescribe theterms and conditions upon which the discharge of sewage, industrial wastes,or other wastes may be made into any sewerage system or treatment works. TheBoard may revoke or amend any such permit for good cause and after properhearing. Notwithstanding the requirement for notice and a hearing, the Boardmay, after consultation with the State Department of Health, summarily revokeor amend such permit when it determines that the permitted discharge poses athreat to the public health and safety, or is interfering substantially withthe treatment works, or is grossly affecting usage of state waters asdesignated by the Board. In such case, the Board shall hold a hearing as soonas practicable but in no event later than twenty days after the revocation oramendment with reasonable notice to the owner as to the time and placethereof to affirm, modify, or rescind the summary revocation or amendment ofsuch permit.
C. Nothing in this section shall limit the authority of the Board to proceedagainst such owner directly under § 62.1-44.23 or § 62.1-44.32 after theBoard has prohibited discharge, or after the Board has summarily amended orrevoked the permit which authorized the discharge. If a proposed revocationor amendment of a permit is mutually agreeable to the Board and the owner,the hearing and notice thereof may be dispensed with.
(1976, c. 626.)