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2021 SPECIAL SESSION I
21101609DBe it enacted by the General Assembly of Virginia:
1. That §§ 62.1-44.15:37.1 and 62.1-44.15:58.1 of the Code of Virginia are amended and reenacted as follows:
§ 62.1-44.15:37.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions.
A. The Department is authorized to conduct inspections of the
land-disturbing activities of interstate and intrastate natural gas pipeline
companies that have approved annual standards and specifications pursuant to §
62.1-44.15:31 as such land-disturbing activities relate to construction of any
natural gas transmission pipeline equal to or
greater than 36 24 inches inside diameter to
determine (i) compliance with such annual standards and specifications, (ii)
compliance with any site-specific plans, and (iii) if there have been or are
likely to be adverse impacts to water quality as a result of such
land-disturbing activities, including instances
where the Department determines that (a) there has been a violation of any water
quality standard adopted pursuant to the
State Water Control Law (§ 62.1-44.2 et
seq.), (b) sediment has been
deposited in significant amounts in areas where those deposits are not
contained by best management practices, (c) there are repeated
instances of adverse impacts or likely adverse impacts within a 30-day period,
or (d) there have been widespread and repeated instances of adverse impacts or
likely impacts. When the Department determines that there
has been a substantial adverse impact to water quality or that an imminent and
substantial adverse impact to water quality is likely to occur as a result of
such land-disturbing activities, the Department may issue a stop work
instruction, without advance notice or hearing, requiring that all or part of
such land-disturbing activities on the part of the site that caused the substantial
adverse impacts to water quality or are likely to cause imminent and
substantial adverse impacts to water quality be stopped until corrective
measures specified in the stop work instruction have been completed and
approved by the Department. Where adverse impacts
or likely adverse impacts are found on a repeated, frequent, and widespread
basis, the Department may issue a stop work order for every work area in
Virginia until a finding is made that any systemic cause that contributed to
such occurrences have been corrected.
Such stop work instruction shall become effective upon service on the company by email or other technology agreed to in writing by the Department and the company, by mailing with confirmation of delivery to the address specified in the annual standards and specifications, if available, or by delivery at the site to a person previously identified to the Department by the company. Upon request by the company, the Director or his designee shall review such stop work instruction within 48 hours of issuance.
B. Within 10 business days of issuance of a stop work instruction, the Department shall promptly provide to such company an opportunity for an informal fact-finding proceeding concerning the stop work instruction and any review by the Director or his designee. Reasonable notice as to the time and place of the informal fact-finding proceeding shall be provided to such company. Within 10 business days of the informal fact-finding proceeding, the Department shall affirm, modify, amend, or cancel such stop work instruction. Upon written documentation from the company of the completion and approval by the Department in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted.
C. The company may appeal such stop work instruction or preliminary decision rendered by the Director or his designee to the circuit court of the jurisdiction wherein the land-disturbing activities subject to the stop work instruction occurred, or to another appropriate court, in accordance with the requirements of the Administrative Process Act (§ 2.2-4000 et seq.). Any person violating or failing, neglecting, or refusing to obey a stop work instruction issued by the Department may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Nothing in this section shall prevent the Board or the Department from taking any other action authorized by this chapter.
§ 62.1-44.15:58.1. Inspections; land-disturbing activities of natural gas pipelines; stop work instructions.
A. The Department is authorized to conduct inspections of the
land-disturbing activities of interstate and intrastate natural gas pipeline
companies that have approved annual standards and specifications pursuant to §
62.1-44.15:55 as such land-disturbing activities relate to construction of any
natural gas transmission pipeline equal to or
greater than 36 24 inches inside diameter to
determine (i) compliance with such annual standards and specifications, (ii)
compliance with any site-specific plans, and (iii) if there have been or are
likely to be adverse impacts to water quality as a result of such
land-disturbing activities, including instances
where the Department determines that (a) there
has been a violation of any water
quality standard adopted pursuant to the
State Water Control Law (§ 62.1-44.2 et seq.), (b)
sediment has been deposited in significant amounts in areas where those
deposits are not contained by best management
practices, (c) there are repeated
instances of adverse impacts or likely adverse impacts within a 30-day period, or (d)
there have been widespread and repeated instances of adverse impacts or likely
impacts. When the Department determines that there has been
a substantial adverse impact to water quality or that an imminent and
substantial adverse impact to water quality is likely to occur as a result of
such land-disturbing activities, the Department may issue a stop work
instruction, without advance notice or hearing, requiring that all or part of
such land-disturbing activities on the part of the site that caused the
substantial adverse impacts to water quality or are likely to cause imminent
and substantial adverse impacts to water quality be stopped until corrective
measures specified in the stop work instruction have been completed and
approved by the Department. Where adverse impacts
or likely adverse impacts are found on a repeated, frequent, and widespread
basis, the Department may issue a stop work order for every work
area in Virginia until a finding is made that any systemic
cause that contributed to such
occurrences have been corrected.
Such stop work instruction shall become effective upon service on the company by email or other technology agreed to in writing by the Department and the company, by mailing with confirmation of delivery to the address specified in the annual standards and specifications, if available, or by delivery at the site to a person previously identified to the Department by the company. Upon request by the company, the Director or his designee shall review such stop work instruction within 48 hours of issuance.
B. Within 10 business days of issuance of a stop work instruction, the Department shall promptly provide to such company an opportunity for an informal fact-finding proceeding concerning the stop work instruction and any review by the Director or his designee. Reasonable notice as to the time and place of the informal fact-finding proceeding shall be provided to such company. Within 10 business days of the informal fact-finding proceeding, the Department shall affirm, modify, amend, or cancel such stop work instruction. Upon written documentation from the company of the completion and approval by the Department in writing of the corrective measures specified in the stop work instruction, the instruction shall be immediately lifted.
C. The company may appeal such stop work instruction or preliminary decision rendered by the Director or his designee to the circuit court of the jurisdiction wherein the land-disturbing activities subject to the stop work instruction occurred, or to another appropriate court, in accordance with the requirements of the Administrative Process Act (§ 2.2-4000 et seq.). Any person violating or failing, neglecting, or refusing to obey a stop work instruction issued by the Department may be compelled in a proceeding instituted in the circuit court of the jurisdiction wherein the violation was alleged to have occurred or other appropriate court to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Nothing in this section shall prevent the Board or the Department from taking any other action authorized by this chapter.