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1995 SESSION

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LD0974408
SENATE BILL NO. 815 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Delegate Plum on February 14, 1995) (Patron Prior to Substitute--Senator Norment) A BILL to amend and reenact §§ 10.1-1318 and 10.1-1320 of the Code of Virginia, relating to state air pollution control law; violations; penalty.

Be it enacted by the General Assembly of Virginia:

1. That §§ 10.1-1318 and 10.1-1320 are amended and reenacted as follows:

§ 10.1-1318. Appeal from decision of Board.

A. Any owner aggrieved by a final decision of the Board under § 10.1-1309, § 10.1-1322 or subsection D of § 10.1-1307 is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.).

B. Any person who is aggrieved by has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Board under § 10.1-1322, who participated, in person or by submittal of written comments, in the public comment process related to the Board's decision and who has exhausted all available administrative remedies for review of the Board's decision, shall be entitled to judicial review of the Board's decision in accordance with the provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the federal Constitution. The person invoking jurisdiction under this subsection bears the burden of establishing that A person shall be deemed to meet such standard if (i) such person has suffered an actual, or threatened or imminent injury; (ii) such injury is an invasion of an immediate, legally protected, pecuniary and substantial interest which is concrete and particularized; (iii) such injury is fairly traceable to the decision of the Board and not the result of the action of some third party not before the court; and (iv) (iii) such injury will likely be redressed by a favorable decision by the court.

§ 10.1-1320. Penalties; chapter not to affect right to relief or to maintain action.

Any owner knowingly violating any provision of this chapter, Board regulation or order, or any permit condition shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 for each violation within the discretion of the court. Each day of continued violation after conviction shall constitute a separate offense.

Nothing in this chapter shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property.