Virginia Code 62.1-44.23: Enforcement by injunction, etc.
Any person violating or failing, neglecting or refusing to obey any rule, regulation, order, water quality standard, pretreatment standard, approved standard and specification, or requirement of or any provision of any certificate or land-disturbance approval issued by the Board, or by the owner of a publicly owned treatment works issued to an industrial user, or any provisions of this chapter, except as provided by a separate article, may be compelled in a proceeding instituted in any appropriate court by the Board to obey same and to comply therewith by injunction, mandamus or other appropriate remedy.
Terms Used In Virginia Code 62.1-44.23
- Board: means the State Water Control Board. See Virginia Code 62.1-44.3
- Certificate: means any certificate or permit issued by the Department. See Virginia Code 62.1-44.3
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Land-disturbance approval: means an approval allowing a land-disturbing activity to commence issued by (i) a Virginia Erosion and Stormwater Management Program authority after the requirements of § Virginia Code 62.1-44.3
- Owner: means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § Virginia Code 62.1-44.3
- Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 62.1-44.3
- Regulation: means a regulation issued under subdivision (10) of § Virginia Code 62.1-44.3
- Rule: means a rule adopted by the Board to regulate the procedure of the Board pursuant to subdivision (7) of § Virginia Code 62.1-44.3
- treatment works: means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. See Virginia Code 62.1-44.3
Code 1950, § 62.1-37; 1952, c. 702; 1968, c. 659; 1970, c. 638; 1977, c. 263; 1988, c. 167; 1990, c. 717; 1994, c. 489; 2013, cc. 756, 793; 2016, cc. 68, 758.