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9VAC25-32-760. Compliance with regulations and disciplinary action.

A. If the department finds that a certified land applicator or an applicant for certification violated any applicable requirements of this regulation, including the procedural violations listed in subsection B of this section, the department may deny, suspend or revoke certification, following the informal fact-finding procedures of the Administrative Process Act ( 2.2-4000 et seq. of the Code of Virginia).

B. Certification procedural violations include:

1. Providing misleading, false, or fraudulent information in applying for a certificate;

2. Providing the department with any misleading, false, or fraudulent report;

3. Failing to ensure that land application of biosolids complies with permit requirements due to negligence of responsibilities by the certified land applicator;

4. Failing to promptly and accurately record observed permit noncompliance or, failure to promptly notify the permittee of observed permit noncompliance or, preventing access to inspect any land application site or, failure to provide required field records upon request, in accordance with this regulation; and

5. Conviction of a felony related in any way to the responsibilities of a certified land applicator.

Statutory Authority

62.1-44.15 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 6, eff. January 1, 2008; amended, Virginia Register Volume 29, Issue 24, eff. September 1, 2013.

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