2006 Code of Virginia § 10.1-1186 - General powers of the Department

10.1-1186. General powers of the Department.

The Department shall have the following general powers, any of which theDirector may delegate as appropriate:

1. Employ such personnel as may be required to carry out the duties of theDepartment;

2. Make and enter into all contracts and agreements necessary or incidentalto the performance of its duties and the execution of its powers under thischapter, including, but not limited to, contracts with the United States,other states, other state agencies and governmental subdivisions of theCommonwealth;

3. Accept grants from the United States government and agencies andinstrumentalities thereof and any other source. To these ends, the Departmentshall have the power to comply with such conditions and execute suchagreements as may be necessary, convenient, or desirable;

4. Accept and administer services, property, gifts and other funds donated tothe Department;

5. Implement all regulations as may be adopted by the State Air PollutionControl Board, the State Water Control Board, and the Virginia WasteManagement Board;

6. Administer, under the direction of the Boards, funds appropriated to itfor environmental programs and make contracts related thereto;

7. Initiate and supervise programs designed to educate citizens on ecology,pollution and its control, technology and its relationship to environmentalproblems and their solutions, population and its relation to environmentalproblems, and other matters concerning environmental quality;

8. Advise and coordinate the responses of state agencies to notices ofproceedings by the State Water Control Board to consider certifications ofhydropower projects under 33 U.S.C. 1341;

9. Advise interested agencies of the Commonwealth of pending proceedings whenthe Department of Environmental Quality intervenes directly on behalf of theCommonwealth in a Federal Energy Regulatory Commission proceeding or when theDepartment of Game and Inland Fisheries intervenes in a Federal EnergyRegulatory Commission proceeding to coordinate the provision of informationand testimony for use in the proceedings;

10. Notwithstanding any other provision of law and to the extent consistentwith federal requirements, following a proceeding as provided in 2.2-4019,issue special orders to any person to comply with: (i) the provisions of anylaw administered by the Boards, the Director or the Department, (ii) anycondition of a permit or a certification, (iii) any regulations of theBoards, or (iv) any case decision, as defined in 2.2-4001, of the Boards orDirector. The issuance of a special order shall be considered a case decisionas defined in 2.2-4001. The Director shall not delegate his authority toimpose civil penalties in conjunction with issuance of special orders. Forpurposes of this subdivision, "Boards" means the State Air PollutionControl Board, the State Water Control Board, and the Virginia WasteManagement Board; and

11. Perform all acts necessary or convenient to carry out the purposes ofthis chapter.

(1992, c. 887; 1996, c. 1005.)