CHAPTER 311

An Act to amend and reenact § 10-17.10 of the Code of Virginia, relat-
ing to definitions applicable to the Air Pollution Control Act; and
§ 10-17.18, relating to further powers and duties of Board; and
10-17.21, relating to owners furnishing plans, specifications and
mformation; and § 10-17.26, relating to action of Board on petition

for review of rules, regulations, etc.
[H 893]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1, That §§ 10-17.10, 10-17.18, 10-17.21 and 10-17.26 of the Code of
Virginia be amended and reenacted as follows:

§ 10-17.10. Definitions —The following words, for the purposes of
this chapter, shall have the following meanings:

(a) “Board” means the State Air Pollution Control Board, some-
times hereinafter referred to as “Board” or “State Board.”

(b) “Air pollution”? means the presence in the outdoor atmosphere
of one or more substances put there by man or man-made devices in
concentration sufficient to cause an unreasonable interference with human,
plant or animal life or the reasonable use of property.

(c) “Owner” means the State, a county, sanitary district, munici-
pality, political subdivision, a public or private institution, corporation,
association, firm, or company organized or existing under the laws of this
or any other state or country, lessee or person otherwise in possession of
property, person or individual, or group of persons or individuals, acting
individually or as a group.

§ 10-17.18. Further powers and duties of Board.—(a) The Board
at all times shall have the power to control and regulate its internal
affairs; initiate and supervise research programs for the purpose of
determining the causes, effects and hazards of air pollution; initiate and
supervise state-wide programs of air pollution contro] education ; cooperate
with and receive money from the federal government or any county or
municipal government, and receive money from any other source. whether
public or private; develop a comprehensive program for the study, abate-
ment and control of all sources of air pollution in the State; advise,
consult and cooperate with agencies of the United States, and all agencies
of the State, political subdivisions, private industries and any other
affected groups in furtherance of the purposes of this chapter.

(b) The Board, after having made an intensive and comprehensive
study of air pollution in the various areas of the State, its causes, pre-
vention, control and abatement, shall have the power to formulate, adopt
and promulgate, amend and repeal rules and regulations abating, con-
trolling and prohibiting air pollution throughout the State or in such
areas of the State as shall be affected thereby; provided, however, that
no such rule or regulation and no such amendment or repeal shall be
adopted, nor shall any order be entered, except after public hearing to
be held after thirty days prior notice thereof by public advertisement
of the date, time and place of such hearing, at which opportunity to be
heard * with respect thereto shall be given to the public; and provided,
further, that no such rule or regulation and no such amendment or repeal,
or no such order, shall be or become effective until sixty days after the
adoption or entry thereof as aforesaid.

(c) After any rule or regulation has been adopted by the Board
pursuant to subsection (b) of this section, it may in its discretion grant
local variances therefrom, if it finds after a thorough investigation and
hearing that local conditions warrant. In the event local variances are
permitted, the Board shall issue an order to this effect, after a hearing
held in the locality, which order shall be subject to revocation or amend-
ment at any time if the Board after hearing determines such amendment
or revocation is warranted. ;

After the Board shall have adopted the rules or regulations
provided for in subsection (b) of this section, it shall have the power
to: Initiate and receive complaints as to air pollution; hold or cause to
be held hearings and enter orders diminishing or abating the causes of
air pollution and the enforcement of its rules or regulations; institute
legal proceedings, including suits for injunctions for the enforcement
of its orders, rules and regulations and the abatement and control of air
potlution and for the enforcement of penalties, all in accordance with this
chapter.

(e) The Board, in making rules and regulations and issuing orders,
and the courts in enforcing the provisions of this chapter, shall take into
consideration all of the facts and circumstances bearing upon the reason-
ableness of the activity involved and the regulations proposed to control
it, including:

(1) The character and degree of injury to, or interference with
safety, health or the reasonable use of property which is caused or
threatened to be caused;

(2) The social and economic value of the activity involved;

(3) The suitability or unsuitability of such activity to the area in
which it is located; and

(4) The practicability, both scientific and economic, of reducing or
eliminating the discharge resulting from such activity.

(f) In all cases the Board and the courts shall exercise a wide dis-
cretion in weighing the equities involved and the advantages and dis-
advantages to the residents of the area involved and to any lawful busi-
ness, occupation or activity involved resulting from requiring compliance
with the specific requirements of any order, rule or regulation.

(g) Expressly excluded from this chapter are all aspects of em-
ployer-employee relationships.

(h) The Board may designate one of its members, the executive
secretary, or a staff assistant to conduct the hearings provided for in
this chapter, provided that a record of the hearing proceedings shall
be made and furnished the Board for its use in arriving at its decision
resulting from each hearing so conducted.

§ 10-17.21. Owners to furnish plans, specifications and information.
—Every owner which the Board has reason to believe is causing, or
may be about to cause, an air pollution problem shall on request of the
Board furnish such plans, specifications and information as may be
required by the Board in the discharge of its duties under this chapter.
Any information as to secret processes, formulae or methods of manu-
facture or production shall not be disclosed in public hearing * and shall
be kept confidential. If samples are taken for analysis, a duplicate of
the analytical report shall be furnished promptly to the person from
whom such sample is requested.

§ 10-17.26. Same; action of Board on petition.—If the issues raised
by any such petition have, in the opinion of the Board, theretofore been
adequately considered and properly determined, the Board may determine
the same by confirming, without hearing, the previous rule, regulation
or order or requirement. If it appears 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 appears to the
Board that a hearing or rehearing is necessary to determine the issues
raised or any one of such issues, the Board shall order a hearing or
rehearing thereon and hear or cause to be heard 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. Ten days’ notice of the time and place
of such hearing or rehearing, if any be ordered, shall be given the appli-
cant 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 order or
requirement complained of until the validity of such rule, regulation or
order or requirement has been finally adjudicated.