4 Va. Admin. Code § 50-70-100 - Compliance
A. If deficiencies
are identified during an inspection conducted in accordance with
4VAC50-70-90, following review of
such deficiencies the department shall provide a written notice to the owner or
operator within 30 days of receipt of the inspection report. The written notice
shall include a list of the noted deficiencies that need to be addressed to
meet full implementation of the RMP.
B. Within 90 days of the written notice being
issued to the owner or operator, a corrective action agreement in a format
provided by the department, that may include revisions to the RMP, shall be
developed by the RMP developer in consultation with the owner or operator,
signed by the owner or operator, and submitted to the department for
consideration. The corrective action agreement shall include an implementation
schedule to correct the deficiencies found during the inspection. The
department shall review the corrective action agreement including any revisions
to the RMP within 30 days following receipt. The department shall consult with
the review authority. If the corrective action agreement, including any
revisions to the RMP, is determined by the department to be reasonable and
satisfactory, the department shall convey such determination to the owner or
operator in writing within 30 days following receipt.
C. If the department determines that the
corrective action agreement, including any revisions to the RMP, does not
satisfactorily address deficiencies documented from an inspection conducted
pursuant to
4VAC50-70-90, the department shall
document such deficiencies in writing to the owner or operator within 30 days
following receipt of the corrective action agreement. A revised corrective
action agreement may be submitted once the noted deficiencies have been
satisfactorily addressed.
D. If the
department and the owner or operator are unable to concur on a final corrective
action agreement within 90 days of the submission of the initial corrective
action agreement to the department or such additional time that is acceptable
to the department, the department shall revoke the owner's or operator's
Certificate of RMP Implementation after an informal fact finding proceeding
held in accordance with § 2.2-4019 of the Code of Virginia.
E. If it is determined by the department
through a re-inspection that an owner or operator has failed to fully implement
the agreed upon corrective action agreement, the department shall revoke the
owner's or operator's Certificate of RMP Implementation for the corrective
action agreement. Such re-inspection shall be performed by the department or by
the review authority when directed by the department.
F. At any time, the owner or operator may
provide written notice to the department requesting that the Certificate of RMP
Implementation be revoked.
Notes
Statutory Authority: § 10.1-104.8 of the Code of Virginia.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.