§ 40.1-51.39. Penalties; chapter not to affect right to relief or to maintain action
A. Any owner violating any provision of this chapter, Board regulation, or order of the Commissioner shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 for each violation within the discretion of the court. Each day of continued violation after conviction shall constitute a […]
§ 40.1-51.40. Duty of attorney for the Commonwealth
It shall be the duty of every attorney for the Commonwealth to whom the Commissioner has reported any violation of this chapter or any regulation or order of the Board, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. 1992, c. 541.
§ 40.1-51.41. Local ordinances
A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation, promulgated pursuant to this chapter, and a local ordinance, the Board regulation shall govern, except when the conflicting local ordinance is more stringent. B. The governing body of any locality […]
§ 40.1-51.35. Compelling compliance with regulations and orders of Board; penalty for violations
A. Any owner violating or failing, neglecting or refusing to obey any asbestos NESHAP regulation or order of the Commissioner may be compelled to comply by injunction, mandamus or other appropriate remedy. B. Without limiting the remedies which may be obtained under this section, any owner violating or failing, neglecting or refusing to obey any […]
§ 40.1-51.36. Judicial review of regulations of Board
The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). 1992, c. 541.
§ 40.1-51.37. Appeal from decision of Board
Any owner aggrieved by a final decision of the Board under § 40.1-51.30 or of the Commissioner under subdivision 4 of § 40.1-51.26 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). 1992, c. 541.
§ 40.1-51.38. Appeal to Court of Appeals
The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas. 1992, c. 541.
§ 40.1-51.31. Penalties for noncompliance; judicial review
A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations […]
§ 40.1-51.32. Owners to furnish plans, specifications and information
Every owner which the Commissioner has reason to believe is causing, or may be about to cause, an asbestos NESHAP problem shall on request of the Commissioner furnish such plans, specifications and information as may be required by the Commissioner in the discharge of his duties under this chapter. Any information, except emission data, as […]
§ 40.1-51.33. Protection of trade secrets
Any information, except emissions data, reported to or otherwise obtained by the Commissioner which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Commissioner. […]