Chap. 399.—An ACT to provide for the control, prevention and abatement of
pollution in the waters of the State; and to that end to amend the Code of
Virginia by inserting therein a new chapter numbered 63-B entitled “State
Water Control Law”, containing 26 new sections numbered 1514-b 1 through
1514-b 26, creating a State Water Control Board, and defining its powers,
duties and functions; providing for the terms and qualifications of the mem-
bers, and setting forth certain purposes, defining certain terms; reserving
certain rights and declaring public policy; authorizing issuance, revocation or
amendment of certain rules, regulations, orders and certificates by the Board;
providing for appeal to appropriate courts from certain actions of the Board;
providing for the control and abatement of pollution from sewage and indus-
trial wastes, vesting in the Board and State Health Department certain pow-
ers in relation to sewerage treatment works; providing for the imposition and
collection of certain charges; providing certain penalties for violations and
appropriating funds. [H B 28)

Approved March 30, 1946

Be it enacted by the General Assembly of Virginia:

1, That the Code of Virginia be amended by inserting therein a
new chapter numbered sixty-three B entitled State Water Control Law,
containing twenty-six new sections numbered fifteen hundred fourteen-b
one through fifteen hundred fourteen-b twenty-six, as follows:

CHAPTER 63B
STATE WATER CONTROL LAW

Section 1514-b 1. Short title; purpose-—The short title of this law
is State Water Control Law. It is the purpose of this law to (1) safe-
guard the clean waters of the State from pollution, (2) prevent any 1n-
crease in pollution, and (3) reduce pollution existing when this law 1s
adopted.

Section 1514-b 2. Control by State as to pollution, past and future.
—No right to continue existing pollution in any State water shall exist
nor shall such right be or be deemed to have been acquired by virtue of
past or future pollution by any owner. The right and control of the
State in and over all State waters is hereby expressly reserved and re-
affirmed.

Section 1514-b 3. Definitions—Unless a different meaning 1s re-
quired by the context the following terms shall have the definitions here-
inafter respectively ascribed to them: (1) The term “Board” means
the State Water Control Board hereby created, and the term “Member’
means a member of the Board; (2) The term “Certificate” means any
certificate issued by the Board; (3) The term “State Waters” means
all waters of any river, stream, creek, branch, lake, impounding reservorr.
pond, bay, roadstead, estuary, inlet, spring, well, and bodies of surtace or
underground water natural or artificial wholly or partially within or bor-
dering the State or within its jurisdiction; (4) The term “Owner” means
the State, a county, sanitary district, municipality, public or private 1n-
stitution, corporation, association, firm or company organized or existing
under the laws of this or any other state or country, person or individua
or group of persons or individuals, acting individually or as a group, (5)
The term “Pollution” means the discharge or deposit of sewage, indus-
trial wastes, or other wastes, in such condition, manner, or quantity, 4s
may cause waters ot the State to be contaminated, unclean, or impure to
such an extent as to make such waters directly or indirectly detrimental
to the public health or to the health of animals, fish, or aquatic lite; un-
suitable with reasonable treatment for use as present or possible future
sources of public water supply; or unsuitable for recreational, commer-
cial, industrial, agricultural, or other reasonable uses; provided that the
discharge or deposit of sewage, industrial waste or other waste by any
owner which from such owner alone would cause no pollution yet, in the
aggregate of all such discharge or deposit by other owners in any State
waters, causes the same to be polluted is “pollution” for the terms and
purposes of this law; (6) The term “Sewage” means the water-carried
human wastes from residences, buildings, industrial establishments or
other places together with such industrial wastes, underground, surface,
storm, or other water, as may be present; (7) The term “Industrial
Wastes” means liquid, or other wastes resulting from any process of in-
dustry, manufacture, trade or business, or from the development of any
natural resource; (8) The term “Other Wastes” means decayed wood,
sawdust, shavings, bark, lime, garbage, refuse, ashes, offal, tar, oil, chem-
icals, and all other substances, except industrial wastes and sewage, which
may cause pollution of any State waters; (9) The term “Establishment”
means any industrial establishment, mill, factory, tannery, paper or pulp
mill, mine, coal mine, colliery, breaker or coal processing operations,
quarry, oil refinery, boat, vessel, and each and every other industry or
plant or works in the operation of which industrial wastes or other wastes
are produced; (10) The term “Sewerage System” means pipe lines or
conduits, pumping stations, and force mains, and all other constructions,
devices, and appliances appurtenant thereto, used for conducting sewage
or industrial wastes or other wastes to a point of ultimate disposal; (11)
The terms “The Law” “This Law” mean the law contained in this chap-
ter of the Code as now or hereafter amended.

Section 1514-b 4. Public policy regarding discharge of sewage or
industrial wastes or other wastes in State waters.—The discharge by any
owner not having a certificate issued by the Board, of sewage, industrial
wastes, or other wastes or any noxious or deleterious substances into
State waters, which is detrimental to the public health, or to animal or
aquatic life, or to the uses of such waters for domestic or industrial con-
sumption or for recreation, is hereby declared to be against public policy.

Section 1514-b 5. State Water Control Board created; composi-
tion; appointment; terms.—There is hereby created and established in
the Executive Department of the State a State Water Control Board,
hereinafter referred to as the Board. The Board, which shall elect its
chaitman, shall consist of five citizens of Virginia appointed by the
Governor subject to confirmation by the General Assembly. The first
appointments hereunder shall be made as follows: two for a term of four
years, two for a term of three years, and one for a term of two years;
successors to the first appointees hereunder shall be appointed for the
terms of four years each. Vacancies other than by expiration of term
shall be filled by the Governor by appointment for the unexpired term.

The members of the Board shall have the following qualifications:
they shall be selected from the State at large for merit without regard ta
political affiliation ; the Governor in his appointments shall select persons
for their ability and all appointments shall be of such nature as to aid the
work of the Board to inspire the highest degree of cooperation and
confidence. No officer, employee, or representative of any certificate-
holder or of any industry, city, town, or municipality which may become
a certificate-holder shall be appointed to the Board.

Section 1514-b 6. Compensation and expenses of members.—No
salary or compensation shall be allowed any member of the Board for
services on the Board provided that each member of the Board shall re-
ceive a per diem of ten dollars ($10.00) a day for attendance upon meet-
ings of the Board and their actual and necessary travel and other ex-
penses incurred by members in the discharge of their official duties as
members of the Board or by direction or request of the Board.

Section 1514-b 7. Meetings of Board; quorum.—The Board shall
meet regularly in March and November of each year and special meetings
may be held at any time or place determined by the Board or upon call of
the Chairman or upon written request of any two members ; provided that
all members shall be duly notified of the time and place of any regular or
special meetings at least five days in advance of such meetings. Three
members shall constitute a quorum.

Section 1514-b 8. Records of meetings and proceedings of Board,
rules, etc.; filing same.—The Board shall keep a complete and accurate
record of the proceedings at all its meetings, a copy of which shall be
‘kept on file in the office of the executive secretary and open to public
inspection. Any special orders, or policies, rules, regulations or other
requirements adopted by the Board to have general effect in part or all of
the State shall be filed with the Secretary of the Commonwealth at least
thirty days before they are to take effect. Any special order issued un-
der the provisions of section fifteen hundred fourteen-b nine, subdivision
(8) hereof need not be filed with the Secretary of the Commonwealth
but the owner to whom such an order is directed shall be notified bv
registered mail sent to the last known address of such owner and the
time limits specified shall be counted from the date of such mailing.

- The Board shall make such inspection, conduct such investigations
and do such other things as are reasonably necessary to carry out the
provisions of this law, within the limits of appropriation, funds, or per-
sonnel which are, or become, available from any source for this pur-

pose.

Section 1514-b 9. Powers and duties of the Board.—It shall be the
duty of the Board and it shall have the authority, jurisdiction and pow-
er:

(1) To exercise general supervision over the administration and
enforcement of this law, and all rules, regulations and special orders
promulgated thereunder.

(2) To study and investigate all problems concerned with the pollu-
tion of State waters and its prevention, abatement, and control and to
make reports and recommendations thereon.

(3) To establish such standards of quality for any waters in re-
lation to the reasonable and necessary use thereof as it deems to be in
public interest, and such general policies relating to existing or proposed
future pollution as it deems necessary to accomplish the purposes of this
law, to modify, amend or cancel any such standards or policies established
and to take all appropriate steps to prevent pollution contrary to the
public interest or to standards and policies thus established.

(4) To conduct scientific experiments, investigations and research
to discover economical and practical methods for preventing pollution.
To this end the Board may cooperate with any public or private agency in
the conduct of such experiments, investigations and research and may
receive in behalf of the State any moneys which any such agency may
contribute as its share of the cost under any such cooperative agreement.
Provided, that such moneys shall be used only for the purposes for which
they are contributed and any balance remaining after the conclusion of
the experiments, investigations and research, shall be returned to the
contributors.

(5) To issue certificates for the discharge of sewage, industrial
wastes and other wastes into or adjacent to State waters, and to prescribe
conditions with respect to same, and to revoke or amend such certificates,
such revocation or amendment to be made for good cause and after
proper hearing, with at least thirty days’ notice to the owner of the time,
place and purpose thereof.

(6) To make investigations and inspections, to insure compliance
with any rules or regulations or any special orders, which it may adopt
or issue, and to furnish advice, recommendations, or instructions for the
purpose of obtaining such compliance.

(7) To adopt rules and regulations governing the procedure of the
Board with respect to: (a) hearing; (b) the filing of reports; (c) the
issuance of certificate and special orders; and (d) all other matters re-
lating to procedure; and to amend or cancel any rule or regulation
adopted. Public notice of every rule and regulation adopted under this
section shall be by such means as the Board may prescribe.

(8) To issue a special order or orders directing any particular own-
er or owners to secure within the time specified therein, such operating
results as are reasonable and practicable of attainment toward the con-
trol, abatement, and prevention of pollution of the State waters. If such
results are not secured within the specified time the Board may further
direct the owner to build or install and use, within a reasonable speci-
fied time such designated sewerage system, treatment plant structures,
devices or means, as are practicable, reasonable and available, for con-
trolling, abating and preventing the pollution of State waters, through
sewage, industrial waste or other waste and to modify, amend, or cancel
any such special order or orders. Such orders to be entered only after
proper hearing with at least thirty days’ notice to the owner of the time,
place and purpose thereof. No special order shall become effective in
less than fifteen days after same has been served on the owner or owners
affected in the same manner as process for the commencement of an ac-
tion in a court of record.

Section 1514-b 10. Executive officer—The Board is authorized
to employ an executive secretary who shall serve as executive officer and
964 . ACTS OF ASSEMBLY [va., 1946

devote his whole time to the performance of his duties, and he shall have
such administrative powers as are conferred upon him by the Board.

Section 1514-b 11. Provision of funds and personnel for use of
Board.—The Board is hereby authorized to transfer to a fund to be cre-
ated by such transfer, and to be used by the Board for the administration
of this law, from any fund or funds which have been appropriated out of
the general fund of the State treasury for industrial hygiene, sanitary en-
gineering, control of epidemics, rural health work, or related public health
purposes, such amount or amounts, as may be approved by the Governor
and the head of the State department or agency to which such funds
have been appropriated. Any and all such funds so transferred to the
Board as herein authorized are hereby appropriated for use by the Board
in carrying out the purposes of this law. The Board is also authorized
to accept and use such facilities and personnel as may be or may become
available for the purpose of this law either directly to the Board or in
any of the State departments, agencies, or institutions; but nothing here-
in shall be construed to limit, modify or supersede any of the powers or
duties of said departments or agencies or institutions unless in direct con-
flict with this law, nor to interfere with the power of each department or
agency or institution to select, employ and control all of its employees
regardless of the fact that said employees may be assigned in devoting
the whole or part of their time to work under the direction of the Board.
The Board is authorized to employ such consultants and full-time techni-
cal and clerical workers as are necessary and within the available funds
to carry out the purposes of this law.

Section 1514-b 12. Certain information concerning pollution to be
furnished to the Board.—Every owner which the Board has reason to
believe is or may be about to be causing pollution shall on request of the
Board furnish such plans, specifications and information reasonably nec-
essary and pertinent required by it in the discharge of its duties under
this law. No owner shall be required at any time to disclose any secret
formulae, processes, or methods used by him or under his direction.
Whenever it is necessary for the purposes of this law the Board or any
member, agent or employee when duly authorized by the Board may at
reasonable times enter any establishment or upon any property, public
or private, for the purpose of obtaining information or conducting sur-
veys or investigations.

Section 1514-b 13. Pollution or failure to cooperate with Board by
owner unlawful.—It shall be unlawful for any owner to cause pollution
in any State waters in a manner or degree which is contrary to any spe-
cial order adopted by the Board, which has become final under the pro-
visions of this law, or to fail or refuse to furnish information, plans, speci-
fications or other data reasonably necessary and pertinent required by
the Board under this law.

Section 1514-b 14. Existing sewage discharge.-—Upon the re-
quest of the Board any owner who, at the time this act becomes effective,
is discharging or permitting to be discharged sewage into or adjacent to
the waters of the State shall within twelve months after such request
apply to the Board for a certificate to continue such discharge of sewage
of substantially the same volume and strength as during the twelve
cH. 399] ACTS OF ASSEMBLY 965

months preceding. In making the application, the owner shall furnish
such information as may reasonably be required by the Board including
(1) total population served by the sewerage system, (2) the industrial
wastes admitted to the sewerage system, and (3) the type of treatment
plant. The Board is authorized to issue such certificate for an indefinite
period provided, however, the certificate may be revoked at any time when
it is found on investigation that there has been an increase in the strength
or volume of the sewage as discharged into or adjacent to any State
waters has reason to believe an increase is contemplated. If no satisfac-
tory progress is made by the owner toward the reduction of pollution the
Board may require the holder of the certificate to file reasons therefor or
may in the case of refusal to comply with recommendations deemed
reasonable by the Board revoke the certificate issued to such owner and
issue a special order. No certificate shall be issued by the Board au-
thorizing the discharge of untreated sewage which would result in the
pollution of the clean State waters.

The Board is authorized to designate any area within the State or
State waters as a polluted area due to existing sewage discharge in such
area and each owner who contributes to the pollution of such waters in
the area shall be subject to all the provisions of this law; provided, how-
ever, that as to such area or State waters so declared to be a polluted area
the Board may, in lieu of issuing an individual certificate to each owner
therein, issue a special certificate as to the pollution caused by the own-
ers in such area and the certificate may be granted to the appropriate
authority of the political subdivision or subdivisions in which such own-
er resides. Any such certificate shall be subject to all the terms and
conditions of this law and shall apply only to existing sewage discharge.
For good cause shown, the Board may revoke or amend any certificate
in whole or in part as to any owner or group of owners in the area cov-
ered by such certificate.

Section 1514-b 15. Sewerage systems and sewage treatment works.
—All sewerage systems and sewage treatment works shall be under the
general supervision of the State Department of Health and the Board
jointly. The State Department of Health shall when requested consult
with and advise the authorities of cities, towns, sanitary districts, and any
owner having or intending to have installed sewage treatment works as to
the most appropriate type of treatment, but said department shall not
prepare plans, specifications, or detailed estimates of cost for any im-
provement of an existing or proposed sewage treatment works. It shall
be the duty of the owner of any such sewage treatment works from which
sewage is being discharged into any State waters to furnish when re-
quested by the Board to the State Department of Health from time to time
information with regard to the quantities and character of the raw and
treated sewage and the operation results obtained in the removal and
disposal of organic matter and other pertinent information as is required.
The State Department of Health shall furnish the Board with such avail-
a ble information as the Board requires.

Section 1514-b 16. Approval of plans and specifications for sewer-
age systems and sewage treatment works by State Department of Health
and Board.—Every owner intending to construct a new sewerage system
or sewage treatment works designed to serve more than four hundred
persons or to extend or change materially any existing system or works
which serves more than four hundred persons shall file in duplicate with
the State Department of Health a certified copy of the complete plans,
specifications, and such pertinent data as may reasonably be required, in
scope and detail satisfactory to the said Department. The State Depart-
ment of Health shall review the plans without delay and then file with
the Board one copy and a report in which the plans are approved or
disapproved and if not approved, stating what modifications or changes
will be required for approval. If the plans are satisfactory to the Board
it shall issue a certificate to the owner to proceed with the construction of
the improvements; in the event the Board does not give final approval.
it shall as soon as practicable notify the owner concerning any changes or
modifications which will be required. New construction or material
changes shall be built in accordance with approved plans. Nothing in
this section shall limit the power of the Board and the Department in the
control of sewerage systems or sewage treatment works serving less than
four hundred persons. -

Section 1514-b 17. Discharges of existing industrial wastes.—Upon
request of the Board any owner who on the date this law becomes effec-
tive is discharging or permitting to be discharged industrial wastes into
any waters of the State shall within twelve months after such request ap-
ply to the Board for a certificate to continue discharging waste into said
waters. The Board shall issue such certificate for an indefinite period. The
owner may be required by the Board, from time to time, to adopt meas-
ures for the reduction of said pollution, and to furnish pertinent informa-
tion with regard to the progress he has made in reducing same. The
Board may revoke the certificate in case of a refusal to comply with all
such reasonable and proper requirements and may issue a special order
after a reasonable notice and a hearing.

Section 1514-b 18. Approval of plans and specifications for en-
largement of plants or use of new processes, by Board.—Every owner
intending to enlarge an existing industry or employ new processes, which
in their operation will result in the discharge of industrial wastes which
would flow or be discharged into, or adjacent to, any State waters and
cause pollution of same, shall file in duplicate with the Board a certified
copy of pertinent plans, specifications, and data as may reasonably be
required, in scope and detail satisfactory to the Board. The Board shall
review the plans and approve or disapprove same and if not approved.
stating what modifications or changes will be required for approval. It
the plans are satisfactory to the Board it shall issue a certificate to the
owner to proceed with the construction of the improvements ; in the event
the Board does not give final approval, it shall as soon as practicable
notify the owner concerning any changes or modifications which will be
required.

Section 1514-b 19. Regulation of establishments erected or opened
or reopened in the future——No person shall hereafter erect, construct or
open, reopen and operate any establishment which in its operation re-
sults in the discharge of industrial wastes which would flow or be dis-
charged into any State waters and thereby cause a pollution of the same
unless such person shall first provide proper and adequate treatment
works for the treatment of such industrial wastes approved by the
Board so that if and when flowing or discharged into the State waters
the effluent thereof shall not be detrimental to the public health or to
animal or aquatic life or prevent the use of water for domestic, industrial
or recreational purposes ; when in the opinion of the Board the discharge
of such industrial wastes is not detrimental to the public health or to ani-
mal or aquatic life or to the use of the water for domestic, industrial or
recreational purposes, the Board shall grant a certificate for the dis-
charge of such industrial wastes into the State waters. But the Board
shall not issue a certificate authorizing the discharge of untreated indus-
trial wastes into any State waters deemed by the Board to be clean, ex-
cept where such wastes consist of insoluble mineral materials heavier than
water, or soluble materials whose presence results from natural condi-
tions and not from manufacturing processes and, in the opinion of the
Board, the discharge of such wastes will not materially interfere with the
necessary or desirable use of such waters for the support of animal, fish,
or aquatic life, or as sources of public water supply; provided that the
Board may, in any such case, require the owner to provide adequate
treatment of such wastes or any of them either before or after they have
entered such waters, when the Board deems such treatment requisite to
fulfill the purposes of this law. Public notice of every application for a
certificate under this section shall be given by notice published in a news-
paper of general circulation in the county or city where the certificate is
applied for once a week for four successive weeks or by such other means
as the Board may prescribe. But any such certificate shall be revocable
or subject to modification and change by the Board at any time thereafter
for cause upon reasonable notice served personally or by registered mail
addressed to the last known post office address of the holder of the certifi-
cate and the owner or operator of such establishment may be required
to install treatment works approved by the Board for the treatment of
such industrial wastes or for the disposition of solids in such industrial
wastes in the manner and to the extent as the Board may require. The
discharge of industrial wastes into any of the State waters from any such
establishment contrary to the provisions of this section or without a cer-
tificate or after the time fixed in the notice of the Board when a certificate
is revoked or in violation of any modification thereof is hereby declared
to be a nuisance and to be punishable and abatable in accordance with
the provisions of this law as herein provided. However, the provisions of
this section shall not apply to establishments existing at the effective date
of this law which may hereafter be temporarily closed for a period not ex-
ceeding six months. An application for a certificate under this section
shall be accompanied by a certified copy of pertinent maps, plans, and
specifications in scope and detail satisfactory to the Board and such other
relevant information as may be required.

Section 1514-b 20. Review of certain decisions or actions of Board;
by Board: by court; appeal.—Any party aggrieved by any rule, regula-
tion, order or requirement issued by the Board under this law or revoca-
tion of certificate may secure a review of the reasonableness of, necessity
for, or legality of any such rule, regulation or order or requirement or re-
vocation of certificate in the following manner:

(1) Such party may, at any time prior to the effective date of the
rule, regulation or order or requirement or revocation of certificate com-
plained of, first file with the Board a petition asking for a rehearing on
such rule, regulation or order or requirement or revocation of certificate
and setting forth specifically and in full detail wherein he considers the
rule, regulation or order or requirement or revocation of certificate un-
reasonable, unnecessary or illegal, his reasons and grounds therefor, and
the qualifications or changes, if any, that he desires.

(2) If the issues raised by any such petition have, in the opinion
of the Board, theretofore been adequately considered and properly de-
termined, the Board may determine the same by confirming, without hear-
ing, the previous rule, regulation or order or requirement or revocation of
certificate. If it appear to the satisfaction of the Board that no sufficient
reason exists for taking testimony or further testimony the Board may
reconsider and redetermine the original cause without setting a time and
place for any further hearing. If it appear to the Board that a hearing
or rehearing is necessary to determine the issues raised or any one or
more of such issues, the Board shall order a hearing or rehearing there-
on and hear such additional evidence as may be offered on either side and
consider and determine the issue or issues raised by such petition. In
either event the Board may take such action as it deems proper. Notice
of the time and place of such hearing or rehearing, if any be ordered, shall
be given the applicant and to such other persons and in such manner as the
Board may order. A petition for a hearing or rehearing shall be deemed
to have been denied by the Board, unless it shall have been acted upon
within thirty days after the date of filing. The filing of the petition for
a hearing or rehearing shall operate to suspend the rule, regulation or or-
der or requirement or revocation of certificate complained of until the
validity of such rule, regulation or order or requirement or revocation
of certificate has been finally adjudicated.

(3) Any owner aggrieved by any rule or regulation shall have the
right to apply to the circuit court of the City of Richmond, in term or in
vacation; and in cases other than those relative to rules and regulations
any owner aggrieved shall have the right to apply to the judge of the cir-
cuit court of the county or city or corporation court of the city wherein
the establishment affected is located, in term or in vacation, for review
of decision. Such application shall be by petition which shall be filed in
the clerk’s office of such court within the following prescribed time ; with-
in sixty days after the date of the rule or regulation complained of, pro-
vided no application for rehearing has been made; within thirty days
after an application for rehearing is denied, if such application had been
filed; within thirty days after the rendition of the decision of the Board,
if any application for rehearing 1s filed, and the matter reconsidered or
redetermined by the Board either with or without a rehearing. The fil-
ing of the petition with the court shall be deemed to commence the pro-
ceeding in such court.
Within fifteen days after such petition is so filed, the petitioner
shall serve on the executive secretary or on any member of the Board
a copy of the petition and a notice in writing that petitioner will on a date
stated in the notice, not less than fifteen days nor more than thirty days
after the date of the filing of the petition, move the court or judge thereof
to grant the prayer of the petition. The Board shall be named as a party
defendant to such petition. The filing of such application shall operate to
suspend the requirement, rule, regulation or special order or revocation
of certificate complained of, if not already suspended as provided in subdi-
vision (2) hereof, until the validity of such rule, regulation or special or-
der or requirement or revocation of certificate shall have been finally ad-
judicated. The said judge shall hear the proceeding de novo, shall there-
upon determine all matters of law and fact without a jury and render his
decision approving, setting aside or modifying the rule, regulation or
special order or requirement or revocation of certificate complained of.
If, however, a municipal corporation is interested in the proceeding, the
judge of any court thereof shall not pass upon such application, but shall
enter the fact of record, and the clerk of said court shall at once certify
the same to the Supreme Court of Appeals which shall designate the judge
of such other circuit court or of some corporation court other than in
such municipal corporation to act in the place and stead of such judge.

(4) The Commonwealth or any party aggrieved by any such final
decision of the judge shall have, regardless of the amount involved, the
right to apply for an appeal to the Supreme Court of Appeals. The pro-
cedure shall be the same as that provided by law concerning appeals and
supersedeas.

It shall be the duty of the Attorney General to represent the Board
or designate some member of his staff to represent it.

Section 1514-b 21. Penalties—Any owner violating, or failing,
neglecting or refusing to comply with any special final order of the Board,
or a court, lawfully issued as herein provided, shall, upon conviction be
liable to a fine of not less than fifty dollars ($50.00), nor more than five
hundred dollars ($500.00) for each violation within the discretion of the
court, and each day of continued violation after conviction shall constitute
a separate offense and may subject the system, business, or establish-
ment causing pollution in violation of this law to abatement as a nuisance.

Section 1514-b 22. Enforcement of orders, etc, by injunction, etc.
—Any owner violating or failing, neglecting or refusing to obey any rule,
regulation or order or requirement of the Board may be compelled to
»bey same and to comply therewith by injunction, mandamus or other
ippropriate remedy.

Section 1514-b 23. Fees.—A fee of one dollar shall be charged for
ach certificate issued under the terms of this law.

Section 1514-b 24. This law supplementary to existing law.—This
aw is intended to supplement existing law and no part thereof shall be
onstrued to repeal any existing laws specifically enacted for the protec-
ion of health or the protection of fish, shellfish and game of the State,
xcept that the administration of any such laws pertaining to the pollu-
ion of State waters, as herein defined, shall be in accord with the purpose
of this law and general policies adopted by the Board; and it is hereby
expressly provided that the provisions in this law shall not affect any
owner who discharges sewage, industrial wastes or other wastes into a
sewer or sewerage system which connects with or is a part of a sewerage
system maintained and operated (a) by any sanitation districts commis-
sion heretofore created and existing or hereafter created pursuant to the
sanitation districts law of nineteen hundred thirty-eight (as amended),
or (b) by any such districts commission which may be created under
any act passed at the nineteen hundred forty-six regular session of the
General Assembly ; and further provided that the Board shall have au-
thority, jurisdiction and power to issue, in the case of any sanitation dis-
tricts commission now existing or hereafter created pursuant to said laws,
such special order or orders as it may issue to an owner or owners under
the provisions of section fifteen hundred fourteen-b nine of this act, such
order or orders to be issued in the same manner, for the same reasons and
with the same effect as is provided in said section fifteen hundred four-
teen-b nine; and further provided that, except as herein otherwise ex-
pressly provided, nothing in this act shall affect the jurisdiction or pow-
ers of said districts commissions; and further provided that none of the

rovisions of this act shall affect any of the provisions of section seventeen
hundred eighty-three of the Code of Virginia.

Section 1514-b 25. Private civil rights not affected —The fact that
any owner has or held a certificate issued hereunder shall not constitute
a defense in any civil action involving private rights.

Section 1514-b 26. Severability —If any provision of this law or
its application to any person or circumstance is held invalid such in-
validity shall not affect any other provision or application of this law which
can be given effect without the invalid provision or application and the
provisions of this law are declared to be severable.

2. There is hereby appropriated from the general fund of the State
treasury a sum sufficient not to exceed twenty-five hundred dollars for
each year of the biennium beginning July one, nineteen hundred forty-six.

3. The effective date of this law is July one, nineteen hundred for-

ty-six.