2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 9 - Air Pollution Control
§ 209. Enforcement

(a) If upon inspection or investigation, the Commissioner or his authorized representative believes that a violation of any provision of this chapter or of any rule or regulation or of any order of the Commissioner pursuant thereto, or any emission standards, emission limitations, or conditions or permits issued pursuant to this chapter has occurred, he may cause written notice of violation to be served upon the alleged violator or violators. The notice of violation shall specify the provision of the law, rule, regulation, order or permit alleged to be violated, and the facts alleged to constitute a violation thereof, and may order that necessary corrective action be taken within a reasonable time, and may assess an administrative penalty in accordance with section 215 of this chapter. Any such order shall become final unless no later than fifteen (15) working days after the date such order is served, the person or persons named therein request in writing a hearing before the Commissioner. In lieu of such order, the Commission may require that the alleged violator or violators appear before the Commissioner, or a hearing examiner for a hearing at a time and place specified in the notice and answer the charges complained of, or the Commissioner may initiate appropriate action for the recovery of a penalty or any other relief pursuant to section 215 of this chapter.

(b) If the alleged violator notifies the Commissioner that he intends to contest a notice of violation issued under subsection (a), the Commissioner shall immediately advise a hearing examiner of such notification, and the hearing examiner shall afford an opportunity for a hearing. The hearing examiner shall thereafter issue an order, based on findings of fact and conclusions of law, affirming, modifying or vacating the Commissioner's notice of violation or proposed penalty order, or directing other appropriate relief. Written notice of such order shall be issued to the alleged violator and such order shall become final and binding on all parties unless appealed to the courts as provided in section 212 of this title within 30 days after its issuance.

(c) Any person who is denied a permit by the Commissioner or who has such permit revoked or modified shall be afforded an opportunity for a fair hearing as provided herein upon written application to the Commissioner of such denial, revocation or modification. On the basis of such hearing the Commissioner shall affirm, modify or revoke his previous determination.

(d) Nothing in this law shall prevent the Commissioner from making efforts to obtain voluntary compliance through warning, conference or any other appropriate means.