32.1-248 - Closing of waters; modification or revocation of regulation or order. - Virginia Statutes

§ 32.1-248. Closing of waters; modification or revocation of regulation ororder.

The Board may adopt regulations or orders closing any river, stream, lake orother body of water in this Commonwealth to fishing, boating, swimming or anyother usage if the Board finds, and states the reasons and precise factualbasis for finding, that a toxic substance as defined in § 32.1-239 is presentin such river, stream, lake or other body of water in such manner as toconstitute a present threat to public health and welfare. Such regulation ororder may be temporary or permanent and may be issued initially on anemergency basis. Thereafter it may be promulgated as a final regulation ororder upon the completion by the Board of the procedural requirements setforth in the Administrative Process Act (§ 2.2-4000 et seq.).

If the Commissioner determines that the threat to public health and welfarehas abated in whole or in part, the State Health Commissioner may modify orrevoke any such regulation or order in a manner that lessens the restrictionsplaced upon fishing, boating, swimming, or other usage. Such modification orrevocation by the Commissioner shall not be subject to the requirements ofthe Administrative Process Act but shall be filed with the Registrar ofRegulations in accordance with § 2.2-4103. The Board shall review suchmodification or revocation at its next regularly scheduled meeting after suchaction by the Commissioner and shall affirm, reverse, or modify theCommissioner's action. Review by the Board shall also be exempt from theprovisions of the Administrative Process Act.

(1979, c. 711; 1981, c. 144.)