Code of Virginia - Title 40.1 Labor And Employment - Chapter 3.3 Virginia Asbestos Neshap Act

40.1-51.23 Definitions
As used in this chapter, which may be cited as the Virginia Asbestos NESHAP Act, the following terms shall have the meanings set forth in ...
40.1-51.24 Department authorized to enter certain agreements
The Department is hereby authorized to: 1. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties ...
40.1-51.25 Safety and Health Codes Board to formulate rules, regulations, etc
A. The Board is authorized to formulate definitions, rules, regulations and standards which shall be designed to ensure the proper demolition and renovation of asbestos ...
40.1-51.26 Commissioner of Labor and Industry to enforce laws
The Commissioner of Labor and Industry shall have the authority to: 1. Supervise, administer, and enforce the provisions of this chapter and regulations of the ...
40.1-51.27 Inspections, investigations, etc
The Commissioner is authorized to make or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to ...
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 cease and ...
40.1-51.29 Decision of Commissioner pursuant to hearing
Any decision by the Commissioner rendered pursuant to hearings under § 40.1-51.28 shall be reduced to writing and shall contain the explicit findings of fact ...
40.1-51.30 Appeal to Board
Any owner aggrieved by a final decision of the Commissioner under § 40.1-51.28 may file a notice of appeal to the Board within fifteen days. ...
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 ...
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 ...
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 ...
40.1-51.34 Right of entry
Whenever it is necessary for the purposes of this chapter, the Commissioner may at reasonable times enter any establishment or upon any property, public or ...
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 ...
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.). ...
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 ...
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 ...
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 ...
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 ...
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, ...

Last modified: April 3, 2009