14101064D Be it enacted by the General Assembly of Virginia: 1. That §§62.1-44.15:44, 62.1-44.15:45, and 62.1-44.15:46 of the Code of Virginia are amended and reenacted as follows: §62.1-44.15:44. Right to hearing. Any permit applicant, permittee, or person subject to state
permit requirements under this article aggrieved by any action of the §62.1-44.15:45. Hearings.
§62.1-44.15:46. Appeals. Any permittee or party aggrieved by a state permit or enforcement decision of the Department or Board under this article, or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Department or Board under this article, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§2.2-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the Constitution of the United States. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury that is an invasion of a legally protected interest and that is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Department or the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court. The provisions of the Administrative Process Act (§2.2-4000
et seq.) shall not apply to decisions rendered by localities |