V.I. Code tit. 12, § 188 (2019)
2019 US Virgin Islands Code|Title 12 - Conservation|Chapter 7 - Water Pollution Control|§ 188. Proceedings before Commissioner

 (a)  (1) Whenever, on the basis of any information available to him, the Commissioner has reason to believe that a violation of any provision of this chapter or of any regulation or of any order of the Commissioner pursuant thereto, or any water quality standards, effluent limitations, or conditions of permits issued pursuant to this chapter has occurred, he may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provision of this chapter, regulation, order or permit alleged to be violated, the facts alleged to constitute a violation thereof, and shall contain an order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any such order shall become effective upon issuance. Any person or persons named therein may request in writing, within 15 days after the date such complaint and order is served, a hearing before the Commissioner. Such request shall not act as a stay of enforcement of the Commissioner's order unless so ordered and directed by the Commissioner or by a court. On the basis of such hearing, the Commissioner shall continue such order in effect, revoke it, or modify it. (2) In lieu of such order, the Commissioner may require that the alleged violator appear at a time and place specified in the notice and answer the charges complained of. The notice shall be delivered to the alleged violator or violators not less than 10 days before the time set for the hearing. (b) The Commissioner shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the notice or any modification thereof. On the basis of the evidence produced at the hearing the Commissioner shall make findings of fact and conclusions of law and enter such order as in his opinion will best further the purposes of this chapter. The Commissioner, prior to entering his order on the basis of such record and recommendations, shall provide opportunity to the parties to submit for his consideration exceptions to the recommended findings or conclusions and supporting reasons for such exceptions, such submission to be made within 10 days. Written notice of such order shall be issued to the alleged violator and to such other persons as shall have appeared at the hearing and made written request for notice thereof. The order of the Commissioner shall become final and binding on all parties unless appealed to the courts as provided in section 191 within 15 days after notice has been sent to the parties. (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 in subsection (b) of this section in connection therewith upon written application to the Commissioner within 15 days after receipt of notice from 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) Whenever the Commissioner finds that a water pollution emergency exists requiring immediate action to protect the public health or welfare, the Commissioner, without notice of hearing, may issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency, or he may bring suit on behalf of the United States Virgin Islands in the appropriate court to immediately restrain any person causing or contributing to such pollution, or he may take such other action as may be necessary. For purposes of this section, “emergency” is defined as any time that a pollution source or combination of sources is presenting an imminent and substantial endangerment to the health of persons, or to the welfare of persons or is presenting an imminent or substantial threat to the environment. The Commissioner shall provide immediate telephone notice to the appropriate Regional Administrator of the U.S. Environmental Protection Agency of any actual or threatened endangerments to the health or welfare of persons resulting from such discharges of pollutants. Such emergency order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but on application to the Commissioner shall be afforded a hearing as soon as possible. On the basis of such hearing the Commissioner shall continue such order in effect, revoke it or modify it.