9VAC5-50-150. Determination of violation

A. The determination of violation shall be made after a thorough review of all data or evidence relating to the situation which may be obtained by an investigation directed by the board. As a part of the investigation, the board, at its discretion, may hold a public hearing in accordance with 9VAC5-20-40 A 1 to hear complaints. The investigation may also include use of an odor panel survey or other methods approved by the board, or both. B. If the discharge of odorous emissions is due to the failure of the owner or other person to meet any conditions of a permit issued under 9VAC5 Chapter 80 ( 9VAC5-80-10 et seq.), the board will automatically consider the emissions to be in violation of 9VAC5-50-140 and proceed accordingly.