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VA:10.1-1186.01
|
10.1-1186.01
|
Reimbursements to localities for upgrades to treatment works
|
<p>A. As used in this section, "Enhanced Nutrient Removal Certainty Program" or "ENRC Program" means the same as that term is defined in § <a href='/vacode/62.1-44.19:13/'>62.1-44.19:13</a>.</p><p>B. The General Assembly shall fund grants to finance the reasonable costs of design and installation of nutrient removal technology at the publicly owned treatment works designated as significant dischargers contained in subsection F or as eligible nonsignificant dischargers as defined in § <a href='/vacode/10.1-2117/'>10.1-2117</a>. When grant disbursements pursuant to this section reach a sum sufficient to fund the completion of the ENRC Program at all publicly owned treatment works, the House Committee on Agriculture, Chesapeake and Natural Resources, the House Committee on Appropriations, the Senate Committee on Agriculture, Conservation and Natural Resources, and the Senate Committee on Finance and Appropriations shall review (i) the future funding needs to meet the purposes of the Water Quality Improvement Act, (ii) the most recent annual needs estimate required by § <a href='/vacode/10.1-2134.1/'>10.1-2134.1</a>, and (iii) the appropriate funding mechanism for such needs.</p><p>C. The disbursement of grants for the design and installation of nutrient removal technology at those publicly owned treatment works included in subsection F and eligible nonsignificant dischargers shall be made monthly based on a requisition submitted by the grant recipient in the form requested by the Department. Each requisition shall include written certification that the applicable local share of the cost of nutrient removal technology for that portion of the project covered by such requisition has been incurred or expended. Except as may otherwise be approved by the Department, disbursements shall not exceed 95 percent of the total grant amount until satisfactory completion of the project. The distribution of the grants shall be effected by one of the following methods:</p><p>1. In payments to be paid by the State Treasurer out of funds appropriated to the Water Quality Improvement Fund pursuant to § <a href='/vacode/10.1-2131/'>10.1-2131</a>;</p><p>2. Over a specified time through a contractual agreement entered into by the Treasury Board and approved by the Governor, on behalf of the Commonwealth, and the locality or public service authority undertaking the design and installation of nutrient removal technology, such payments to be paid by the State Treasurer out of funds appropriated to the Treasury Board; or</p><p>3. In payments to be paid by the State Treasurer upon request of the Director out of proceeds from bonds issued by the Virginia Public Building Authority, in consultation with the Department, pursuant to §§ <a href='/vacode/2.2-2261/'>2.2-2261</a>, <a href='/vacode/2.2-2263/'>2.2-2263</a>, and <a href='/vacode/2.2-2264/'>2.2-2264</a>, including the Commonwealth's share of the interest costs expended by the locality or regional authority for financing such project during the period from 50 percent completion of construction to final completion of construction.</p><p>D. The General Assembly has the sole authority to determine whether disbursement shall be made pursuant to subdivision C 1, 2, or 3, or a combination thereof, provided that a disbursement shall be made pursuant to subdivision C 3 only upon a certification by the Department that project grant reimbursements for the fiscal year will exceed the available funds in the Water Quality Improvement Fund.</p><p>E. Exclusive of any deposits made pursuant to § <a href='/vacode/10.1-2128/'>10.1-2128</a>, the grants awarded pursuant to this section shall include such appropriations as provided from time to time in the appropriation act or any amendments thereto.</p><p>F. The disbursement of grants to finance the costs of design and installation of nutrient removal technology, including eligible design and installation costs for implementation of the ENRC Program, at the following listed publicly owned treatment works and other eligible nonsignificant dischargers shall be provided pursuant to the distribution methodology included in § <a href='/vacode/10.1-2131/'>10.1-2131</a>. The notation "WIP3-N" or "WIP3-P" indicates that a facility is subject to additional requirements for total nitrogen or total phosphorus, respectively, under the ENRC Program. In no case shall any publicly owned treatment works receive a grant of less than 35 percent of the costs of the design and installation of nutrient removal technology.</p><table class="mce-item-table"><tbody><tr><td>FACILITY NAME</td><td></td><td>OWNER</td></tr><tr><td></td><td></td><td></td></tr><tr><td>Shenandoah - Potomac River Basin</td><td></td><td></td></tr><tr><td>ACSA-Fishersville STP</td><td></td><td>Augusta County Service Authority</td></tr><tr><td>Luray STP</td><td></td><td>Town of Luray</td></tr><tr><td>ACSA-Middle River Regional STP</td><td></td><td>Augusta County Service Authority</td></tr><tr><td>HRRSA-North River WWTF WIP3-P</td><td></td><td>Harrisonburg-Rockingham Regional Sewer Authority</td></tr><tr><td>ACSA-Stuarts Draft STP</td><td></td><td>Augusta County Service Authority</td></tr><tr><td>Waynesboro STP</td><td></td><td>City of Waynesboro</td></tr><tr><td>ACSA-Weyers Cave STP</td><td></td><td>Augusta County Service Authority</td></tr><tr><td>Berryville STP</td><td></td><td>Town of Berryville</td></tr><tr><td>Front Royal STP</td><td></td><td>Town of Front Royal</td></tr><tr><td>Mount Jackson STP</td><td></td><td>Town of Mount Jackson</td></tr><tr><td>New Market STP</td><td></td><td>Town of New Market</td></tr><tr><td>Shenandoah Co.-North Fork Regional WWTP</td><td></td><td>Shenandoah County</td></tr><tr><td>Stoney Creek Sanitary District STP</td><td></td><td>Stoney Creek Sanitary District</td></tr><tr><td>Strasburg STP</td><td></td><td>Town of Strasburg</td></tr><tr><td>Woodstock STP</td><td></td><td>Town of Woodstock</td></tr><tr><td>FWSA-Opequon Water Reclamation Facility</td><td></td><td>Frederick-Winchester Service Authority</td></tr><tr><td>FWSA-Parkins Mill WWTF</td><td></td><td>Frederick-Winchester Service Authority</td></tr><tr><td>Purcellville-Basham Simms WWTF</td><td></td><td>Town of Purcellville</td></tr><tr><td>LCSA-Broad Run WRF</td><td></td><td>Loudoun County Service Authority</td></tr><tr><td>Leesburg WPCF</td><td></td><td>Town of Leesburg</td></tr><tr><td>Round Hill WWTP</td><td></td><td>Town of Round Hill</td></tr><tr><td>PWCSA-H.L. Mooney WWTF</td><td></td><td>Prince William County Service Authority</td></tr><tr><td>Upper Occoquan Sewage Authority WWTP</td><td></td><td>Upper Occoquan Sewage Authority</td></tr><tr><td>FCW&SA-Vint Hill WWTF</td><td></td><td>Fauquier County Water and Sewer Authority</td></tr><tr><td>Alexandria Sanitation Authority WWTP</td><td></td><td>Alexandria Sanitation Authority</td></tr><tr><td>Arlington Co. WPCF</td><td></td><td>Arlington County</td></tr><tr><td>Fairfax Co. Noman-Cole</td><td></td><td>Fairfax County</td></tr><tr><td>Pollution Control Facility</td><td></td><td></td></tr><tr><td>Stafford Co.-Aquia WWTP</td><td></td><td>Stafford County</td></tr><tr><td>Colonial Beach STP</td><td></td><td>Town of Colonial Beach</td></tr><tr><td>Dahlgren Sanitary District WWTP</td><td></td><td>King George County Service Authority</td></tr><tr><td>Fairview Beach STP</td><td></td><td>King George County Service Authority</td></tr><tr><td>Purkins Corner WWTP</td><td></td><td>King George County Service Authority</td></tr><tr><td>District of Columbia - Blue Plains STP (Virginia portion)</td><td></td><td>Loudoun County Service Authority and Fairfax County contract for capacity</td></tr><tr><td>Rappahannock River Basin</td><td></td><td></td></tr><tr><td>Culpeper WWTP</td><td></td><td>Town of Culpeper</td></tr><tr><td>Marshall WWTP</td><td></td><td>Town of Marshall</td></tr><tr><td>Mountain Run WWTP</td><td></td><td>Culpeper County</td></tr><tr><td>Orange STP</td><td></td><td>Town of Orange</td></tr><tr><td>Rapidan STP</td><td></td><td>Rapidan Service Authority</td></tr><tr><td>FCW&SA-Remmington WWTP</td><td></td><td>Fauquier County Water and Sewer Authority</td></tr><tr><td>Warrenton STP</td><td></td><td>Town of Warrenton</td></tr><tr><td>Wilderness Shores WWTP</td><td></td><td>Rapidan Service Authority</td></tr><tr><td>Spotsylvania Co.-FMC WWTF</td><td></td><td>Spotsylvania County</td></tr><tr><td>Fredericksburg WWTF WIP3-N, WIP3-P</td><td></td><td>City of Fredericksburg</td></tr><tr><td>Stafford Co.-Little Falls Run WWTF</td><td></td><td>Stafford County</td></tr><tr><td>Spotsylvania Co.-Massaponax WWTF WIP3-N, WIP3-P</td><td></td><td>Spotsylvania County</td></tr><tr><td>Montross-Westmoreland WWTP</td><td></td><td>Westmoreland County</td></tr><tr><td>Oakland Park STP</td><td></td><td>King George County Service Authority</td></tr><tr><td>Tappahannock WWTP</td><td></td><td>Town of Tappahannock</td></tr><tr><td>Urbanna WWTP</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>Warsaw STP</td><td></td><td>Town of Warsaw</td></tr><tr><td>Reedville Sanitary District WWTP</td><td></td><td>Reedville Sanitary District 60</td></tr><tr><td>Kilmarnock WWTP</td><td></td><td>Town of Kilmarnock</td></tr><tr><td>York River Basin</td><td></td><td></td></tr><tr><td>Caroline Co. Regional STP</td><td></td><td>Caroline County</td></tr><tr><td>Gordonsville STP</td><td></td><td>Rapidan Service Authority</td></tr><tr><td>Ashland WWTP</td><td></td><td>Hanover County</td></tr><tr><td>Doswell WWTP</td><td></td><td>Hanover County</td></tr><tr><td>HRSD-York River STP WIP3-N</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>Parham Landing WWTP</td><td></td><td>New Kent County</td></tr><tr><td>Totopotomoy WWTP</td><td></td><td>Hanover County</td></tr><tr><td>HRSD-West Point STP</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Mathews Courthouse STP</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>Spotsylvania Co.-Thornburg STP WIP3-N, WIP3-P</td><td></td><td>Spotsylvania County</td></tr><tr><td>James River Basin</td><td></td><td></td></tr><tr><td>Buena Vista STP</td><td></td><td>City of Buena Vista</td></tr><tr><td>Covington STP</td><td></td><td>City of Covington</td></tr><tr><td>Lexington-Rockbridge Regional WQCF</td><td></td><td>Maury Service Authority</td></tr><tr><td>Alleghany Co.-Low Moor STP</td><td></td><td>Alleghany County</td></tr><tr><td>Alleghany Co.-Lower Jackson River WWTP</td><td></td><td>Alleghany County</td></tr><tr><td>Amherst-Rutledge Creek WWTP</td><td></td><td>Town of Amherst</td></tr><tr><td>Lynchburg STP</td><td></td><td>City of Lynchburg</td></tr><tr><td>RWSA-Moores Creek Regional STP</td><td></td><td>Rivanna Water and Sewer Authority</td></tr><tr><td>Crewe WWTP</td><td></td><td>Town of Crewe</td></tr><tr><td>Farmville WWTP</td><td></td><td>Town of Farmville</td></tr><tr><td>Chesterfield Co.-Falling Creek WWTP</td><td></td><td>Chesterfield County</td></tr><tr><td>Henrico Co. WWTP</td><td></td><td>Henrico County</td></tr><tr><td>Hopewell Regional WWTF</td><td></td><td>City of Hopewell</td></tr><tr><td>Chesterfield Co.-Proctors Creek WWTP</td><td></td><td>Chesterfield County</td></tr><tr><td>Richmond WWTP</td><td></td><td>City of Richmond</td></tr><tr><td>South Central Wastewater Authority WWTF WIP3-N, WIP3-P</td><td></td><td>South Central Wastewater Authority</td></tr><tr><td>HRSD-Boat Harbor STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Williamsburg STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Nansemond STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Army Base STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Virginia Initiative Plant STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>HRSD-Chesapeake/Elizabeth STP WIP3-N, WIP3-P</td><td></td><td>Hampton Roads Sanitation District</td></tr><tr><td>Eastern Shore Basin</td><td></td><td></td></tr><tr><td>Cape Charles WWTP</td><td></td><td>Town of Cape Charles</td></tr><tr><td>Onancock WWTP</td><td></td><td>Town of Onancock</td></tr><tr><td>Tangier Island WWTP</td><td></td><td>Town of Tangier</td></tr></tbody></table><p>G. To the extent that any publicly owned treatment works receives less than the grant specified pursuant to § <a href='/vacode/10.1-2131/'>10.1-2131</a>, any year-end revenue surplus or unappropriated balances deposited in the Water Quality Improvement Fund, as required by § <a href='/vacode/10.1-2128/'>10.1-2128</a>, shall be prioritized in order to augment the funding of those projects for which grants have been prorated. Any additional reimbursements to these prorated projects shall not exceed the total reimbursement amount due pursuant to the formula established in subsection E of § <a href='/vacode/10.1-2131/'>10.1-2131</a>.</p><p>H. Notwithstanding the provisions of subsection B of § <a href='/vacode/10.1-2131/'>10.1-2131</a>, the Director shall not be required to enter into a grant agreement with a facility designated as a significant discharger or eligible nonsignificant discharger if the Director determines that the use of nutrient credits in accordance with the Chesapeake Bay Watershed Nutrient Credit Exchange Program (§ <a href='/vacode/62.1-44.19:12/'>62.1-44.19:12</a> et seq.) would be significantly more cost-effective than the installation of nutrient controls for the facility in question.</p><p>2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0851'>851</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0900'>900</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0572'>572</a>; 2021, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0363'>363</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0364'>364</a>; 2022, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0127'>127</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0128'>128</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.01/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.1
|
10.1-1186.1
|
Department to publish toxics inventory
|
<p>The Department of Environmental Quality shall publish in March of each year the information reported by industries pursuant to 42 U.S.C. § 11023 in its document known as the "Virginia Toxic Release Inventory." The report shall be (i) organized by chemical, facility and facility location, and standard industrial classification code, and (ii) distributed to newspapers of general circulation and television and radio stations. The report shall include the information collected for the most recent calendar year for which data is available prior to the March publication date.</p><p>1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0155'>155</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.1:1
|
10.1-1186.1:1
|
Hazardous Waste Site Inventory
|
<p>A. The Department shall compile and maintain a Hazardous Waste Site Inventory (the Inventory) comprising a current listing of sites permitted by or in corrective action under the Department at which the disposal of hazardous waste, as defined in § <a href='/vacode/10.1-1400/'>10.1-1400</a> and not otherwise excluded from regulation as hazardous waste, has occurred. The Inventory shall contain specific information about each listed site, including (i) the location of the site, (ii) the nature and known characteristics of the wastes disposed of at the site, and (iii) the status of any remedial or corrective action undertaken or planned for the site. The Department shall only disclose in the Inventory information that is not otherwise subject to an exemption from the Virginia Freedom of Information Act (§ <a href='/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>B. The Department shall publish the Inventory by July 1, 2021, update it at least annually thereafter, and post it on the Department's website.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0491'>491</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.1:1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.2
|
10.1-1186.2
|
Supplemental environmental projects
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<p>A. As used in this section, "supplemental environmental project" means an environmentally beneficial project undertaken as partial settlement of a civil enforcement action and not otherwise required by law.</p><p>B. The State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board, or the Director acting on behalf of one of these boards or under his own authority in issuing any administrative order, or any court of competent jurisdiction as provided for under this Code, may, in its or his discretion and with the consent of the person subject to the order, provide for such person to undertake one or more supplemental environmental projects. The project shall have a reasonable geographic nexus to the violation or, if no such project is available, shall advance at least one of the declared objectives of the environmental law or regulation that is the basis of the enforcement action. Performance of such projects shall be enforceable in the same manner as any other provision of the order.</p><p>C. The following categories of projects may qualify as supplemental environmental projects, provided the project otherwise meets the requirements of this section: public health, pollution prevention, pollution reduction, environmental restoration and protection, environmental compliance promotion, and emergency planning and preparedness. In determining the appropriateness and value of a supplemental environmental project, the following factors shall be considered by the enforcement authority: net project costs, benefits to the public or the environment, innovation, impact on minority or low income populations, multimedia impact, and pollution prevention. The costs of those portions of a supplemental environmental project that are funded by state or federal low-interest loans, contracts or grants shall be deducted from the net project cost in evaluating the project. In each case in which a supplemental environmental project is included as part of a settlement, an explanation of the project with any appropriate supporting documentation shall be included as part of the case file.</p><p>D. Nothing in this section shall require the disclosure of documents exempt from disclosure pursuant to the Virginia Freedom of Information Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3700/'>2.2-3700</a> et seq.).</p><p>E. Any decision whether or not to agree to a supplemental environmental project is within the sole discretion of the applicable board, official or court and shall not be subject to appeal.</p><p>F. Nothing in this section shall be interpreted or applied in a manner inconsistent with applicable federal law or any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0623'>623</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0628'>628</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.2/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.2:1
|
10.1-1186.2:1
|
Impact of electric generating facilities
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<p>A. The Department and the State Air Pollution Control Board have the authority to consider the cumulative impact of new and proposed electric generating facilities within the Commonwealth on attainment of the national ambient air quality standards.</p><p>B. The Department shall enter into a memorandum of agreement with the State Corporation Commission regarding the coordination of reviews of the environmental impacts of proposed electric generating facilities that must obtain certificates from the State Corporation Commission. When considering the environmental impact of any renewable energy (defined in § <a href='http://law.lis.virginia.gov/vacode/56-576/'>56-576</a>) electrical utility facility, the Department shall consult with interested agencies of the Commonwealth that have expertise in natural resource management. The Department shall submit recommendations to the State Corporation Commission that take into account the information and comments submitted by such natural resource agencies concerning the potential environmental impacts of the proposed electric generating facility. The Department's recommendations shall include: (i) specific mitigation measures considered necessary to minimize adverse environmental impacts; (ii) any additional site-specific studies considered to be necessary; and (iii) the scope and duration of any such studies. Nothing in this subsection shall alter or affect the Rules of Practice and Procedure of the State Corporation Commission.</p><p>C. Prior to the close of the Commission's record on an application for certification of an electric generating facility pursuant to § <a href='http://law.lis.virginia.gov/vacode/56-580/'>56-580</a>, the Department shall provide to the State Corporation Commission a list of all environmental permits and approvals that are required for the proposed electric generating facility and shall specify any environmental issues, identified during the review process, that are not governed by those permits or approvals or are not within the authority of, and not considered by, the Department or other participating governmental entity in issuing such permits or approvals. The Department may recommend to the Commission that the Commission's record remain open pending completion of any required environmental review, approval or permit proceeding. All agencies of the Commonwealth shall provide assistance to the Department, as requested by the Director, in preparing the information required by this subsection.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0483'>483</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0528'>528</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.2:1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.3
|
10.1-1186.3
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Additional powers of Boards and the Department; mediation; alternative dispute resolution
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<p>A. The State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board, in their discretion, or the Director, in his discretion, may employ mediation as defined in § <a href='/vacode/8.01-581.21/'>8.01-581.21</a>, or a dispute resolution proceeding as defined in § <a href='/vacode/8.01-576.4/'>8.01-576.4</a>, in appropriate cases to resolve underlying issues, reach a consensus, or compromise on contested issues. An "appropriate case" means any process related to the development of a regulation by the Board or the issuance of a permit by the Department in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board or the Department finds that the use of a mediation or dispute resolution proceeding is in the public interest. The Boards or the Department shall consider not using a mediation or dispute resolution proceeding if:</p><p>1. A definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;</p><p>2. The matter involves or may bear upon significant questions of state policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the Department;</p><p>3. Maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;</p><p>4. The matter significantly affects persons or organizations who are not parties to the proceeding;</p><p>5. A full public record of the proceeding is important, and a mediation or dispute resolution proceeding cannot provide such a record; and</p><p>6. The Board or the Department must maintain continuing jurisdiction over the matter with the authority to alter the disposition of the matter in light of changed circumstances, and a mediation or dispute resolution proceeding would interfere with the Department or the Board's fulfilling that requirement.</p><p>Mediation and alternative dispute resolution as authorized by this section are voluntary procedures which supplement rather than limit other dispute resolution techniques available to the Boards or the Department. Mediation or a dispute resolution proceeding may be employed in the issuance of a permit only with the consent and participation of the permit applicant and shall be terminated at the request of the permit applicant.</p><p>B. The decision to employ mediation or a dispute resolution proceeding is in a Board's or the Department's sole discretion and is not subject to judicial review.</p><p>C. The outcome of any mediation or dispute resolution proceeding shall not be binding upon a Board or the Department, but may be considered by the Department in issuing a permit or by a Board in promulgating a regulation.</p><p>D. Each Board and the Department shall adopt rules and regulations, in accordance with the Administrative Process Act, for the implementation of this section. Such rules and regulations shall include (i) standards and procedures for the conduct of mediation and dispute resolution, including an opportunity for interested persons identified by the Department to participate in the proceeding; (ii) the appointment and function of a neutral, as defined in § <a href='/vacode/8.01-576.4/'>8.01-576.4</a>, to encourage and assist parties to voluntarily compromise or settle contested issues; and (iii) procedures to protect the confidentiality of papers, work product or other materials.</p><p>E. The provisions of § <a href='/vacode/8.01-576.10/'>8.01-576.10</a> concerning the confidentiality of a mediation or dispute resolution proceeding shall govern all such proceedings held pursuant to this section except where the Department or a Board uses or relies on information obtained in the course of such proceeding in issuing a permit or promulgating a regulation, respectively.</p><p>Nothing in this section shall create or alter any right, action or cause of action, or be interpreted or applied in a manner inconsistent with the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.), with applicable federal law or with any applicable requirement for the Commonwealth to obtain or maintain federal delegation or approval of any regulatory program.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0645'>645</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0667'>667</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.3/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.3:1
|
10.1-1186.3:1
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Policies for consultation with federally recognized Tribal Nations in the Commonwealth
|
<p>A. The Department, with assistance from the Ombudsman for Tribal Consultation designated pursuant to § <a href='/vacode/2.2-401.01/'>2.2-401.01</a>, shall develop policies and procedures, to the extent permitted by law, to ensure an opportunity for meaningful and appropriate written consultation with potentially impacted federally recognized Tribal Nations in the Commonwealth regarding certain major actions or permits issued by the Department. The Department shall designate an agency official to evaluate the adequacy of consultation and ensure that agency consultation practices are consistent. Actions and permits appropriate for consultation shall include the projects and actions set forth in subsection B. The policies shall define an appropriate means of notifying federally recognized Tribal Nations in the Commonwealth based on tribal preferences, ensure that sufficient information and time is provided for the federally recognized Tribal Nations in the Commonwealth to fully engage in consultation regarding the proposed action, and establish procedures for the Department to provide feedback to the federally recognized Tribal Nations in the Commonwealth to explain how their input was considered. Should feedback from the federally recognized Tribal Nations in the Commonwealth not be received by the deadline established in the Department's policies and procedures, the consultation provisions of this section shall be deemed fulfilled. For environmental impact reports for major state projects prepared pursuant to § <a href='/vacode/10.1-1188/'>10.1-1188</a>, the policies and procedures shall require the state project proponent to perform the required consultation.</p><p>B. The following actions and projects in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § <a href='/vacode/2.2-401.01/'>2.2-401.01</a> are subject to consultation as set forth in subsection A: (i) environmental impact reports for major state projects prepared pursuant to § <a href='/vacode/10.1-1188/'>10.1-1188</a>, (ii) State Corporation Commission project reports prepared pursuant to § <a href='/vacode/56-46.1/'>56-46.1</a> and 20VAC5-302-25, (iii) environmental impact assessments for oil or gas well drilling operations in Tidewater Virginia prepared pursuant to 9VAC15-20, (iv) federal consistency determinations prepared pursuant to § 307 of the federal Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.), and (v) ground water withdrawal permits for ground water withdrawals greater than 365 million gallons per year issued pursuant to § <a href='/vacode/62.1-266/'>62.1-266</a>.</p><p>2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0830'>830</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.3:1/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1186.4
|
10.1-1186.4
|
Enforcement powers; federal court
|
<p>In addition to the authority of the State Air Pollution Control Board, the State Water Control Board, the Virginia Waste Management Board and the Director to bring actions in the courts of the Commonwealth to enforce any law, regulation, case decision or condition of a permit or certification, the Attorney General is hereby authorized on behalf of such boards or the Director to seek to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure in any action then pending in a federal court in order to resolve a dispute already being litigated in that court by the United States through the Environmental Protection Agency.</p><p>2001, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0166'>166</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0174'>174</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.4/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1186.5
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10.1-1186.5
|
Expired
|
<p>Expired.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.5/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1186.6
|
10.1-1186.6
|
Carbon market participation; submerged aquatic vegetation
|
<p>The Department may participate in any carbon market for which submerged aquatic vegetation restoration qualifies as an activity that generates carbon offset credits. Any revenue resulting from the sale of such credits shall be used to implement additional submerged aquatic vegetation monitoring and research or to cover any administrative costs of participation in the credit market. The Department may enter into agreements necessary to effect such participation, including with private entities for assistance with registration and sale of offset credits. The Department shall hold exclusive title to such credits until sold.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0810'>810</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1186.6/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187
|
10.1-1187
|
Provision of the Code continued
|
<p>The conditions, requirements, provisions, contents, powers and duties of any section, article, or chapter of the Code in effect on March 31, 1993, relating to agencies consolidated in this chapter shall apply to the Department of Environmental Quality until superseded by new legislation.</p><p>1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187/
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VA:Title-10.1-Chapter-11.1
|
11.1
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Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1187.1
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10.1-1187.1
|
Definitions
|
<p>"Board or Boards" means the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board.</p><p>"Department" means the Department of Environmental Quality.</p><p>"Director" means the Director of the Department of Environmental Quality.</p><p>"Environmental Management System" means a comprehensive, cohesive set of documented policies and procedures adopted by a facility or person and used to establish environmental goals, to meet and maintain those goals, to evaluate environmental performance and to achieve measurable or noticeable improvements in environmental performance, through planning, documented management and operational practices, operational changes, self assessments, and management review. The term shall include, but not be limited to, any such system developed in accordance with the International Standards of Operation 14001 standards.</p><p>"E2" means an environmental enterprise.</p><p>"E3" means an exemplary environmental enterprise.</p><p>"E4" means an extraordinary environmental enterprise.</p><p>"Facility" means a manufacturing, business, agricultural, or governmental site or installation involving one or more contiguous buildings or structures under common ownership or management.</p><p>"Record of sustained compliance" means that the person or facility (i) has no judgment or conviction entered against it, or against any key personnel of the person or facility or any person with an ownership interest in the facility for a criminal violation of environmental protection laws of the United States, the Commonwealth, or any other state in the previous five years; (ii) has been neither the cause of, nor liable for, more than two significant environmental violations in the previous three years; (iii) has no unresolved notices of violations or potential violations of environmental requirements with the Department or one of the Boards; (iv) is in compliance with the terms of any order or decree, executive compliance agreement, or related enforcement measure issued by the Department, one of the Boards, or the U.S. Environmental Protection Agency; and (v) has not demonstrated in any other way an unwillingness or inability to comply with environmental protection requirements.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.2
|
10.1-1187.2
|
Virginia Environmental Excellence Program established
|
<p>The Department may establish programs to recognize facilities and persons that have demonstrated a commitment to enhanced environmental performance and to encourage innovations in environmental protection.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.2/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.3
|
10.1-1187.3
|
Program categories and criteria
|
<p>A. The Director shall establish different categories of participation and the criteria and benefits for each category. Such categories shall include, but not be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities.</p><p>B. In order to participate as an E2 facility, a person or facility shall demonstrate that it (i) is developing an environmental management system or has initiated implementation of an environmental management system, (ii) has a commitment to pollution prevention and a plan to reduce environmental impacts from its operations, and (iii) has a record of sustained compliance with environmental requirements. To apply to become an E2 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant's commitment to improving environmental quality, (b) an evaluation of the applicant's environmental impacts, (c) the applicant's objectives and targets for addressing significant environmental impacts, and (d) a description of the applicant's pollution prevention program. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E2 facilities may include, but are not limited to, the following: public recognition of facility performance and reduced fees.</p><p>C. In order to participate as an E3 facility, a person or facility shall demonstrate that it has (i) a fully-implemented environmental management system, (ii) a pollution prevention program with documented results, and (iii) a record of sustained compliance with environmental requirements. To apply to become an E3 facility, an applicant shall submit the following information to the Department: (a) a policy statement outlining the applicant's commitment to improving environmental quality; (b) an evaluation of the applicant's actual and potential environmental impacts; (c) the applicant's objectives and targets for addressing significant environmental impacts; (d) a description of the applicant's pollution prevention program; (e) identification of the applicant's environmental legal requirements; (f) a description of the applicant's environmental management system that identifies roles, responsibilities and authorities, reporting and record-keeping, emergency response procedures, staff training, monitoring, and corrective action processes for noncompliance with the environmental management system; (g) voluntary self-assessments; and (h) procedures for internal and external communications. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E3 facilities may include, but are not limited to, the following: public recognition of facility performance, reduced fees, reduced inspection priority, a single point-of-contact between the facility and the Department, streamlined environmental reporting, reduced monitoring requirements, prioritized permit and permit amendment review, and the ability to implement alternative compliance measures approved by the appropriate Board in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1187.6/'>10.1-1187.6</a>.</p><p>D. In order to participate as an E4 facility, a person or facility shall meet the criteria for participation as an E3 facility, and shall have (i) implemented and completed at least one full cycle of an environmental management system as verified by an unrelated third-party qualified to audit environmental management systems and (ii) committed to measures for continuous and sustainable environmental progress and community involvement. To apply to become an E4 facility, an applicant shall submit (a) the information required to apply to become an E3 facility, (b) documentation evidencing implementation and completion of at least one full cycle of an environmental management system and evidencing review and verification by an unrelated third party, and (c) documentation that the applicant has committed to measures for continuous and sustainable environmental progress and community involvement. A person or facility may participate in this program for up to three years, and may apply to renew its participation at the expiration of each three-year period. Incentives for E4 facilities may include all of the incentives available to E3 facilities. Any facility or person that has been accepted into the National Performance Track Programs by the U.S. Environmental Protection Agency shall be deemed to be an E4 facility. If acceptance in the Program is revoked or suspended by the U.S. Environmental Protection Agency, participation as an E4 facility shall also be terminated or suspended.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.3/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.4
|
10.1-1187.4
|
Procedures for participation
|
<p>A. The Director shall develop guidelines and procedures for implementation of the program, including procedures for submitting applications, guidelines for annual reports from participating persons or facilities, and procedures for reviewing program implementation.</p><p>B. Upon review of an application, the Director may approve or deny the person's or facility's participation in the appropriate category within the Virginia Environmental Excellence Program. The denial of a person's or facility's participation in the Virginia Environmental Excellence Program shall not be with prejudice or otherwise prevent reapplication by the person or facility. If a participant fails to maintain a record of sustained compliance, fails to resolve an alleged environmental violation within 180 days, or fails to meet the requirements or criteria for participation in the Virginia Environmental Excellence Program or any category within the program, the Director may revoke or suspend their participation in the program or revoke participation in a higher level and approve its participation in a lower level of the program. The Director shall provide reasonable notice of the reasons for the suspension or revocation and allow the participant to respond prior to making such a decision.</p><p>C. The Director's decision to approve, deny, revoke, or suspend a person's or facility's participation in any category of the Virginia Environmental Excellence Program is discretionary, shall not be a case decision as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>, and shall be exempt from judicial review.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.4/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.5
|
10.1-1187.5
|
Reporting
|
<p>A. Participants shall submit annual reports in a format and schedule prescribed by the Director, including information on environmental performance relevant to the program.</p><p>B. The Department shall submit a report to the Governor and to the members of the House Committee on Agriculture, Chesapeake and Natural Resources and the members of the Senate Committee on Agriculture, Conservation and Natural Resources by December 1 of every even-numbered year, with the last report due on December 1, 2010. The report shall include the information from the participants' reports as well as information on the incentives that have been provided and the innovations that have been developed by the agency and participants.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.5/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.6
|
10.1-1187.6
|
Approval of alternate compliance methods
|
<p>A. To the extent consistent with federal law and notwithstanding any other provision of law, the Air Pollution Control Board, the Waste Management Board, and the State Water Control Board may grant alternative compliance methods to the regulations adopted pursuant to their authorities, respectively, under §§ <a href='http://law.lis.virginia.gov/vacode/10.1-1308/'>10.1-1308</a>, <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a>, and <a href='http://law.lis.virginia.gov/vacode/62.1-44.15/'>62.1-44.15</a> for persons or facilities that have been accepted by the Department as meeting the criteria for E3 and E4 facilities under § <a href='http://law.lis.virginia.gov/vacode/10.1-1187.3/'>10.1-1187.3</a>, including but not limited to changes to monitoring and reporting requirements and schedules, streamlined submission requirements for permit renewals, the ability to make certain operational changes without prior approval, and other changes that would not increase a facility's impact on the environment. Such alternative compliance methods may allow alternative methods for achieving compliance with prescribed regulatory standards, provided that the person or facility requesting the alternative compliance method demonstrates that the method will (i) meet the purpose of the applicable regulatory standard, (ii) promote achievement of those purposes through increased reliability, efficiency, or cost effectiveness, and (iii) afford environmental protection equal to or greater than that provided by the applicable regulatory standard. No alternative compliance method shall be approved that would alter an ambient air quality standard, ground water protection standard, or water quality standard and no alternative compliance method shall be approved that would increase the pollutants released to the environment, increase impacts to state waters, or otherwise result in a loss of wetland acreage.</p><p>B. Notwithstanding any other provision of law, an alternate compliance method may be approved under this section after at least 30 days' public notice and opportunity for comment, and a determination that the alternative compliance method meets the requirements of this section.</p><p>C. Nothing in this section shall be interpreted or applied in a manner inconsistent with the applicable federal law or other requirement necessary for the Commonwealth to obtain or retain federal delegation or approval of any regulatory program. Before approving an alternate compliance method affecting any such program, each Board may obtain the approval of the federal agency responsible for such delegation or approval. Any one of the Boards may withdraw approval of the alternate compliance method at any time if any conditions under which the alternate compliance method was originally approved change, or if the recipient has failed to comply with any of the alternative compliance method requirements.</p><p>D. Upon approval of the alternative compliance method under this section, the alternative compliance method shall be incorporated into the relevant permits as a minor permit modification with no associated fee. The permits shall also contain any such provisions that shall go into effect in the event that the participant fails to fulfill its obligations under the variance, or is removed from the program for reasons specified by the Director under subsection B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1187.4/'>10.1-1187.4</a>.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.6/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1187.7
|
10.1-1187.7
|
Governor's Environmental Excellence Awards
|
<p>The Governor's Environmental Excellence Awards shall be awarded each year to recognize participants in the Virginia Environmental Excellence Program that have demonstrated extraordinary leadership, innovation, and commitment to implementation of pollution prevention practices and other efforts to reduce environmental impacts and improve Virginia's natural environment.</p><p>2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0705'>705</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1187.7/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1188
|
10.1-1188
|
State agencies to submit environmental impact reports on major projects
|
<p>A. All state agencies, boards, authorities, and commissions or any branch of the state government shall prepare and submit an environmental impact report to the Department on each major state project.</p><p>For the purposes of this section, "major state project" means the acquisition of an interest in land for any state facility construction, or the construction of any facility or expansion of an existing facility that is hereafter undertaken by any state agency, board, commission, or authority or any branch of state government, including public institutions of higher education, that costs $500,000 or more. For the purposes of this chapter, authority shall not include any industrial development authority created pursuant to the provisions of Chapter 49 (§ <a href='/vacode/15.2-4900/'>15.2-4900</a> et seq.) of Title 15.2 or Chapter 643, as amended, of the Acts of Assembly of 1964. Nor shall it include the Virginia Port Authority created pursuant to the provisions of § <a href='/vacode/62.1-128/'>62.1-128</a>, unless such project is a capital project that costs in excess of $5 million. Nor shall authority include any housing development or redevelopment authority established pursuant to state law. For the purposes of this chapter, branch of state government shall include any county, city, or town of the Commonwealth only in connection with highway construction, reconstruction, or improvement projects affecting highways or roads undertaken by the county, city, or town on projects estimated to cost more than $2 million. For projects undertaken by any locality costing more than $500,000 and less than $2 million, the locality shall consult with the Department of Historic Resources to consider and make reasonable efforts to avoid or minimize impacts to historic resources if the project involves a new location or a new disturbance that extends outside the area or depth of a prior disturbance, or otherwise has the potential to affect such resources adversely.</p><p>Such environmental impact report shall include, but not be limited to, the following:</p><p>1. The environmental impact of the major state project, including the impact on wildlife habitat;</p><p>2. Any adverse environmental effects that cannot be avoided if the major state project is undertaken;</p><p>3. Measures proposed to minimize the impact of the major state project;</p><p>4. Any alternatives to the proposed construction;</p><p>5. Any irreversible environmental changes that would be involved in the major state project; and</p><p>6. If required, a record of consultation with any federally recognized Tribal Nation in the Commonwealth that may be impacted by the major state project in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § <a href='/vacode/2.2-401.01/'>2.2-401.01</a> pursuant to § <a href='/vacode/10.1-1186.3:1/'>10.1-1186.3:1</a>. The record of consultation shall include the information provided to the federally recognized Tribal Nation in the Commonwealth, any feedback or response received by the federally recognized Tribal Nation in the Commonwealth, and a description of how the impact was considered or incorporated into the major state project.</p><p>For the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered.</p><p>B. For purposes of this chapter, this subsection shall only apply to the review of highway and road construction projects or any part thereof. The Secretaries of Transportation and Natural and Historic Resources shall jointly establish procedures for review and comment by state natural and historic resource agencies of highway and road construction projects. Such procedures shall provide for review and comment on appropriate projects and categories of projects to address the environmental impact of the project, any adverse environmental effects that cannot be avoided if the project is undertaken, the measures proposed to minimize the impact of the project, any alternatives to the proposed construction, and any irreversible environmental changes that would be involved in the project.</p><p>1973, c. 384, § 10-17.108; 1974, c. 270, § 10.1-1208; 1977, c. 667; 1988, c. 891; 1991, c. 289; 1992, c. 887; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0268'>268</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0896'>896</a>; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0045'>45</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0225'>225</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0473'>473</a>; 2012, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0846'>846</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0849'>849</a>; 2013, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0758'>758</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</a>; 2024, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0830'>830</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1188/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1188.1
|
10.1-1188.1
|
Department of Transportation to consider wildlife corridors
|
<p>The Department of Transportation (VDOT) shall, as part of the environmental review it conducts for a road or highway construction project, include in an environmental impact statement a list of any existing terrestrial or aquatic wildlife corridor identified in the Wildlife Corridor Action Plan (the Plan) created pursuant to Article 8 (§ <a href='/vacode/29.1-578/'>29.1-578</a> et seq.) of Chapter 5 of Title 29.1 that will be affected by such construction project. In the design options for any road or highway construction project that threatens wildlife connectivity in a corridor identified in the Plan, VDOT shall consider measures for the mitigation of harm caused by such road to terrestrial and aquatic wildlife.</p><p>2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0323'>323</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0672'>672</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1188.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1189
|
10.1-1189
|
Department to review report and make statement to Governor
|
<p>Within sixty days of the receipt of the environmental impact report by the Department, the Department shall review and make a statement to the Governor commenting on the environmental impact of each major state facility. The statement of the Department shall be available to the General Assembly and to the general public at the time of submission by the Department to the Governor.</p><p>1973, c. 384, § 10-17.109; 1974, c. 270, § 10.1-1209; 1977, c. 667; 1988, c. 891; 1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1189/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1190
|
10.1-1190
|
Approval of Governor required for construction of facility
|
<p>The State Comptroller shall not authorize payments of funds from the state treasury for a major state project unless the request is accompanied by the written approval of the Governor after his consideration of the comments of the Department on the environmental impact of the facility. This section shall not apply to funds appropriated by the General Assembly prior to June 1, 1973, or any reappropriation of such funds.</p><p>1973, c. 384, § 10-17.110; 1974, c. 270, § 10.1-1210; 1977, c. 667; 1988, c. 891; 1991, c. 289; 1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1190/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1191
|
10.1-1191
|
Development of procedures, etc., for administration of chapter
|
<p>The Department shall, in conjunction with other state agencies, coordinate the development of objectives, criteria and procedures to ensure the orderly preparation and evaluation of environmental impact reports required by this article. These procedures shall provide for submission of impact statements in sufficient time to permit any modification of the major state project which may be necessitated because of environmental impact.</p><p>1973, c. 384, § 10-17.111; 1974, c. 270, § 10.1-1211; 1977, c. 667; 1988, c. 891; 1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1191/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1192
|
10.1-1192
|
Cooperation of state agencies
|
<p>All departments, commissions, boards, authorities, agencies, offices and institutions within any branch of the state government shall cooperate with the Department in carrying out the purposes of this article.</p><p>1973, c. 384, § 10-17.112; 1974, c. 270, § 10.1-1212; 1977, c. 667; 1988, c. 891; 1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1192/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1193
|
10.1-1193
|
Watershed planning; watershed permitting; promotion and coordination
|
<p>A. The Department, with the assistance of the Watershed Planning and Permitting Coordination Task Force, shall undertake such efforts it deems necessary and appropriate to coordinate the watershed-level activities conducted by state and local agencies and authorities and to foster the development of watershed planning by localities. To aid in the coordination and promotion of these activities, the Department shall to the extent practicable in its discretion:</p><p>1. Promote and coordinate state and local agencies' and authorities' efforts to undertake watershed planning and watershed permitting;</p><p>2. Acquire, maintain and make available informational resources on watershed planning;</p><p>3. Promote the continuation of research and dialogue on what is entailed in watershed planning and watershed permitting;</p><p>4. Identify sources and methods for providing local officials with technical assistance in watershed planning;</p><p>5. Encourage and foster training of local officials in watershed planning;</p><p>6. Develop recommendations for needed regulatory and legislative changes to assist local governments in developing and implementing watershed planning;</p><p>7. Identify barriers to watershed planning and watershed permitting, including state policies, regulations and procedures, and recommend alternatives to overcome such obstacles; and</p><p>8. Develop, foster and coordinate approaches to watershed permitting.</p><p>B. The Department shall report annually its watershed planning and permitting activities, findings and recommendations and those of the Task Force to the Governor and the General Assembly. This annual report may be incorporated as part of the report required by § <a href='http://law.lis.virginia.gov/vacode/62.1-44.118/'>62.1-44.118</a>.</p><p>C. Nothing in this article shall be construed as requiring additional permitting or planning requirements on agricultural or forestal activities.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0793'>793</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0637'>637</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1193/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1194
|
10.1-1194
|
Watershed Planning and Permitting Coordination Task Force created; membership; duties
|
<p>A. There is hereby created the Watershed Planning and Permitting Coordination Task Force, which shall be referred to in this article as the Task Force. The Task Force shall be composed of the Directors, or their designees, of the Department of Environmental Quality, the Department of Conservation and Recreation, the Department of Forestry, the Department of Energy, and the Commissioner, or his designee, of the Department of Agriculture and Consumer Services.</p><p>B. The Task Force shall meet at least quarterly on such dates and times as the members determine. A majority of the Task Force shall constitute a quorum.</p><p>C. The Task Force shall undertake such measures and activities it deems necessary and appropriate to see that the functions of the agencies represented therein, and to the extent practicable of other agencies of the Commonwealth, and the efforts of state and local agencies and authorities in watershed planning and watershed permitting are coordinated and promoted.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0793'>793</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0041'>41</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0532'>532</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1194/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1195
|
10.1-1195
|
Watershed planning and permitting advisory panels
|
<p>The Task Force may name qualified persons to advisory panels to assist it in carrying out its responsibilities. Panels shall include members representing different areas of interest and expertise in watershed planning and watershed permitting including representatives of local governments, planning district commissions, industry, development interests, education, environmental and public interest groups and the scientific community found in baccalaureate institutions of higher education in the Commonwealth.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0793'>793</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1195/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1196
|
10.1-1196
|
Guiding definition and principles
|
<p>A. The Department, the Task Force and any advisory panels appointed by the Task Force shall be guided by the following definition of watershed planning: "Watershed planning" is the process of studying the environmental and land use features of a watershed to identify those areas that should be protected and preserved, measures to be utilized to protect such areas, and the character of development in order to avoid and minimize disruption of natural systems. Its focus is not on directing development to particular parcels of land but rather to identify critical resources, and measures to protect those resources, so that development, when it does occur, will not negatively impact water resources. In so doing watershed planning uses and protects ecological processes to lessen the need for structural control methods that require capital costs and maintenance. By including consideration of a watershed and its characteristics, cumulative impacts and interjurisdictional issues are more effectively managed than when solely relying on single-site-permit approaches. Watershed planning can be an important tool for maintaining environmental integrity, economic development and watershed permitting.</p><p>B. The Department, the Task Force and any advisory panels appointed by the Task Force shall be guided by the principles contained in the following statement: Stream systems tend to reflect the character of the watershed they drain. Unchecked physical conversion in a watershed accompanying urbanization leads to degraded streams and wetlands. As urbanization continues to spread across the state, natural vegetation, slope and water retention characteristics are replaced by impervious surfaces disrupting the dynamic balance of the natural hydrologic cycle. Poorly planned development can increase peak storm flows and runoff volume, lower water quality and aesthetics, and cause flooding and degradation of downstream communities and ecosystems.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0793'>793</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1196/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197
|
10.1-1197
|
Cooperation of state agencies
|
<p>All agencies of the Commonwealth shall cooperate with the Department and the Task Force and, upon request, assist the Department and the Task Force in the performance of their efforts in coordinating and promoting watershed planning and watershed permitting.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0793'>793</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.1
|
10.1-1197.1
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Fund" means the Small Business Environmental Compliance Assistance Fund.</p><p>"Small business" means a business located in Virginia that (i) employs 100 or fewer people and (ii) is a small business concern as defined in the federal Small Business Act (15 U.S.C. § 631 et seq.) as amended.</p><p>"Voluntary pollution prevention measures" means operational or equipment changes that meet the definition of pollution prevention contained in § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.10/'>10.1-1425.10</a> and are not otherwise required by law.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0624'>624</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0850'>850</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.1/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.10
|
10.1-1197.10
|
Right of entry to inspect, etc.; warrants
|
<p>Upon presentation of appropriate credentials and upon consent of the owner or custodian, the Director or his designee shall have the right to enter at any reasonable time onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing as he reasonably deems necessary in order to determine whether the provisions of any law administered by the Director or the Department, any regulations of the Department, any order of the Department or Director or any conditions in a permit by rule, license or certificate issued by the Director are being complied with. If the Director or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing or taking of samples for testing as provided in Chapter 24 (§ <a href='http://law.lis.virginia.gov/vacode/19.2-393/'>19.2-393</a> et seq.) of Title 19.2.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.10/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.11
|
10.1-1197.11
|
Information to be furnished to Department
|
<p>Except as otherwise specified in this article, the Department may require every owner or operator of a small renewable energy project to furnish when requested such plans, specifications, and other pertinent information as may be necessary to determine the compliance status of the project and the effect of the project on human health or the environment.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.11/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.2
|
10.1-1197.2
|
Small Business Environmental Compliance Assistance Fund established; administration; collection of money
|
<p>A. There is hereby created in the state treasury a special nonreverting fund to be known as the Small Business Environmental Compliance Assistance Fund, hereafter referred to as the "Fund." The Fund shall be comprised of (i) moneys appropriated to the Fund by the General Assembly, (ii) receipts by the Fund from loans made by it, (iii) all income from the investment of moneys held by the Fund, (iv) any moneys transferred from the Virginia Environmental Emergency Response Fund as authorized by § <a href='http://law.lis.virginia.gov/vacode/10.1-2502/'>10.1-2502</a>, and (v) any other moneys designated for deposit to the Fund from any source, public or private. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes provided in this article. Any moneys appropriated or otherwise credited to the Fund that were received by the Department pursuant to Title V (42 U.S.C. § 7661 et seq.) of the federal Clean Air Act shall be used solely for purposes associated with Title V of the federal Clean Air Act. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of the Department. The Fund shall be administered and managed by the Department, or any entity operating under a contract or agreement with the Department.</p><p>B. The Department, or its designated agent, is empowered to collect moneys due to the Fund. Proceedings to recover moneys due to the Fund may be instituted in the name of the Fund in any appropriate circuit court.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0624'>624</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0850'>850</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.2/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.3
|
10.1-1197.3
|
Purposes of Fund; loans to small businesses; administrative costs
|
<p>A. Moneys in the Fund shall be used to make loans or to guarantee loans to small businesses for the purchase and installation of environmental pollution control and prevention equipment certified by the Department as meeting the following requirements:</p><p>1. The air pollution control equipment is needed by the small business to comply with the federal Clean Air Act (42 U.S.C. § 7401 et seq.); or</p><p>2. The pollution control equipment will allow the small business to implement voluntary pollution prevention measures.</p><p>Moneys in the Fund may also be used to make loans or to guarantee loans to small businesses for the installation of voluntary agricultural best management practices, as defined in § <a href='http://law.lis.virginia.gov/vacode/58.1-339.3/'>58.1-339.3</a>.</p><p>B. The Department or its designated agent shall determine the terms and conditions of any loan. All loans shall be evidenced by appropriate security as determined by the Department or its designated agent. The Department, or its agent, may require any documents, instruments, certificates, or other information deemed necessary or convenient in connection with any loan from the Fund.</p><p>C. A portion of the Fund balance may be used to cover the reasonable and necessary costs of administering the Fund. Unless otherwise authorized by the Governor or his designee, the costs of administering the Fund shall not exceed a base year amount of $65,000 per year, using fiscal year 2000 as the base year, adjusted annually by the Consumer Price Index.</p><p>D. The Fund shall not be used to make loans to small businesses for the purchase and installation of equipment needed to comply with an enforcement action by the Department, the State Air Pollution Control Board, the State Water Control Board, or the Virginia Waste Management Board.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0624'>624</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0850'>850</a>; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0893'>893</a>; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0131'>131</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.3/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.4
|
10.1-1197.4
|
Annual audit
|
<p>The Auditor of Public Accounts shall annually audit the accounts of the Fund when the records of the Department are audited.</p><p>1997, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0624'>624</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0850'>850</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.4/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.5
|
10.1-1197.5
|
(Effective until July 1, 2026) Definitions
|
<p>As used in this article:</p><p>"Energy storage facility" means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored.</p><p>"Small renewable energy project" means (i) an electrical generation facility with a rated capacity not exceeding 150 megawatts that generates electricity only from sunlight or wind; (ii) an electrical generation facility with a rated capacity not exceeding 100 megawatts that generates electricity only from falling water, wave motion, tides, or geothermal power; (iii) an electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste; (iv) an energy storage facility that uses electrochemical cells to convert chemical energy with a rated capacity not exceeding 150 megawatts; or (v) a hybrid project composed of an electrical generation facility that meets the parameters established in clause (i), (ii), or (iii) and an energy storage facility that meets the parameters established in clause (iv).</p><p>2009, cc. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>; 2017, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0368'>368</a>; 2021, Sp. Sess. I, c. <a href='http://legacylis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0419'>419</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.5/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.6
|
10.1-1197.6
|
Permit by rule for small renewable energy projects
|
<p>A. Notwithstanding the provisions of § <a href='/vacode/10.1-1186.2:1/'>10.1-1186.2:1</a>, the Department shall develop, by regulations to be effective as soon as practicable, but not later than July 1, 2012, a permit by rule or permits by rule if it is determined by the Department that one or more such permits by rule are necessary for the construction and operation of small renewable energy projects, including such conditions and standards necessary to protect the Commonwealth's natural resources. If the Department determines that more than a single permit by rule is necessary, the Department initially shall develop the permit by rule for wind energy, which shall be effective as soon as practicable, but not later than January 1, 2011. Subsequent permits by rule regulations shall be effective as soon as practicable.</p><p>B. The conditions for issuance of the permit by rule for small renewable energy projects shall include:</p><p>1. A notice of intent provided by the applicant, to be published in the Virginia Register, that a person intends to submit the necessary documentation for a permit by rule for a small renewable energy project;</p><p>2. A certification by the governing body of the locality or localities wherein the small renewable energy project will be located that the project complies with all applicable land use ordinances;</p><p>3. Copies of all interconnection studies undertaken by the regional transmission organization or transmission owner, or both, on behalf of the small renewable energy project;</p><p>4. A copy of the final interconnection agreement between the small renewable energy project and the regional transmission organization or transmission owner indicating that the connection of the small renewable energy project will not cause a reliability problem for the system. If the final agreement is not available, the most recent interconnection study shall be sufficient for the purposes of this section. When a final interconnection agreement is complete, it shall be provided to the Department. The Department shall forward a copy of the agreement or study to the State Corporation Commission;</p><p>5. A certification signed by a professional engineer licensed in Virginia that the maximum generation capacity of the small renewable energy project by (i) an electrical generation facility that generates electricity only from sunlight or wind as designed does not exceed 150 megawatts; (ii) an electrical generation facility that generates electricity only from falling water, wave motion, tides, or geothermal power as designed does not exceed 100 megawatts; or (iii) an electrical generation facility that generates electricity only from biomass, energy from waste, or municipal solid waste as designed does not exceed 20 megawatts;</p><p>6. An analysis of potential environmental impacts of the small renewable energy project's operations on attainment of national ambient air quality standards;</p><p>7. Where relevant, an analysis of the beneficial and adverse impacts of the proposed project on natural resources. For wildlife, that analysis shall be based on information on the presence, activity, and migratory behavior of wildlife to be collected at the site for a period of time dictated by the site conditions and biology of the wildlife being studied, not exceeding 12 months. For prime agricultural soils and forest land, that analysis shall be required if a proposed project would disturb more than 10 acres of prime agricultural soils or 50 acres of contiguous forest lands, or if it would disturb forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § <a href='/vacode/58.1-3233/'>58.1-3233</a>;</p><p>8. If the Department determines that the information collected pursuant to subdivision 7 indicates that significant adverse impacts to wildlife, historic resources, prime agricultural soils, or forest lands are likely, the submission of a mitigation plan, if a draft plan was not provided by the applicant as part of the initial application, with a 45-day public comment period detailing reasonable actions to be taken by the owner or operator to avoid, minimize, or otherwise mitigate such impacts, and to measure the efficacy of those actions. A project will be deemed to have a significant adverse impact if it would disturb more than 10 acres of prime agricultural soils or 50 acres of contiguous forest lands, or if it would disturb forest lands enrolled in a program for forestry preservation pursuant to subdivision 2 of § <a href='/vacode/58.1-3233/'>58.1-3233</a>;</p><p>9. A certification signed by a professional engineer licensed in Virginia that the small renewable energy project is designed in accordance with all of the standards that are established in the regulations applicable to the permit by rule;</p><p>10. An operating plan describing how any standards established in the regulations applicable to the permit by rule will be achieved;</p><p>11. A detailed site plan with project location maps that show the location of all components of the small renewable energy project, including any towers. Changes to the site plan that occur after the applicant has submitted an application shall be allowed by the Department without restarting the application process, if the changes were the result of optimizing technical, environmental, and cost considerations, do not materially alter the environmental effects caused by the facility, or do not alter any other environmental permits that the Commonwealth requires the applicant to obtain;</p><p>12. A certification signed by the applicant that the small renewable energy project has applied for or obtained all necessary environmental permits;</p><p>13. A requirement that the applicant hold a public meeting. The public meeting shall be held in the locality or, if the project is located in more than one locality in a place proximate to the location of the proposed project. Following the public meeting, the applicant shall prepare a report summarizing the issues raised at the meeting, including any written comments received. The report shall be provided to the Department; and</p><p>14. A 30-day public review and comment period prior to authorization of the project.</p><p>C. The Department's regulations shall establish a schedule of fees, to be payable by the owner or operator of the small renewable energy project regulated under this article, which fees shall be assessed for the purpose of funding the costs of administering and enforcing the provisions of this article associated with such operations including, but not limited to, the inspection and monitoring of such projects to ensure compliance with this article.</p><p>D. The owner or operator of a small renewable energy project regulated under this article shall be assessed a permit fee in accordance with the criteria set forth in the Department's regulations. Such fees shall include an additional amount to cover the Department's costs of inspecting such projects.</p><p>E. The fees collected pursuant to this article shall be used only for the purposes specified in this article and for funding purposes authorized by this article to abate impairments or impacts on the Commonwealth's natural resources directly caused by small renewable energy projects.</p><p>F. There is hereby established a special, nonreverting fund in the state treasury to be known as the Small Renewable Energy Project Fee Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § <a href='/vacode/2.2-1802/'>2.2-1802</a>, all moneys collected pursuant to this § <a href='/vacode/10.1-1197.6/'>10.1-1197.6</a> shall be paid into the state treasury to the credit of the Fund. Any moneys remaining in the Fund shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it. The Fund shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.</p><p>G. After the effective date of regulations adopted pursuant to this section, no person shall erect, construct, materially modify or operate a small renewable energy project except in accordance with this article or Title 56 if the small renewable energy project was approved pursuant to Title 56.</p><p>H. Any small renewable energy project shall be eligible for permit by rule under this section if the project is proposed, developed, constructed, or purchased by a person that is not a utility regulated pursuant to Title 56.</p><p>I. Any small renewable energy project commencing operations after July 1, 2017, shall be eligible for permits by rule under this section and is exempt from State Corporation Commission environmental review or permitting in accordance with subsection B of § <a href='/vacode/10.1-1197.8/'>10.1-1197.8</a> or other applicable law if the project is proposed, developed, constructed, or purchased by:</p><p>1. A public utility if the project's costs are not recovered from Virginia jurisdictional customers under base rates, a fuel factor charge under § <a href='/vacode/56-249.6/'>56-249.6</a>, or a rate adjustment clause under subdivision A 6 of § <a href='/vacode/56-585.1/'>56-585.1</a>; or</p><p>2. A utility aggregation cooperative formed under Article 2 (§ <a href='/vacode/56-231.38/'>56-231.38</a> et seq.) of Chapter 9.1 of Title 56.</p><p>J. For purposes of this section, "prime agricultural soils" means soils recognized as prime farmland by the U.S. Department of Agriculture, and "forest land" has the same meaning as provided in § <a href='/vacode/10.1-1178/'>10.1-1178</a>, except that any parcel shall be considered forest lands if it was forested at least two years prior to the Department's receipt of a permit application.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0368'>368</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0688'>688</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.6/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.7
|
10.1-1197.7
|
Review and authorization of projects
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<p>A. Upon submission of a complete application, the Department, after consultation with other agencies in the Secretariat of Natural and Historic Resources before authorizing the project, shall conduct an assessment of whether the application meets the requirements of the applicable permit by rule regulations. If the Department determines that the application is deficient, it promptly shall notify the applicant in writing and specify the deficiencies.</p><p>B. Any interested party, including an applicant for a permit, who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department pursuant to this section, and who is aggrieved by the final decision of the Department, shall only have the remedies provided by subsection C.</p><p>C. Any interested party seeking judicial review for the final decision of the Department pursuant to this chapter shall file such action in the Circuit Court of the City of Richmond within 30 days of such decision in accordance with Article 5 (§ <a href='/vacode/2.2-4025/'>2.2-4025</a> et seq.) of the Administrative Process Act. The court shall hear and decide such action as soon as practicable after the date of filing. Any conflicting provisions of the Administrative Process Act shall be superseded by the requirements of this subsection.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>; 2024, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0717'>717</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0774'>774</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.7/
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VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.8
|
10.1-1197.8
|
Limitation of State Corporation Commission authority
|
<p>A. If the owner or operator of a small renewable energy project to whom the Department has authorized a permit by rule pursuant to this article is not a utility regulated pursuant to Title 56, then the State Corporation Commission shall not have jurisdiction to review the small renewable energy project or to condition the construction or operation of a small renewable energy project upon the State Corporation Commission's issuance of any permit or certificate under any provision of Title 56, provided that the State Corporation Commission shall retain jurisdiction to resolve requests for joint use of the rights of way of public service corporations pursuant to § <a href='http://law.lis.virginia.gov/vacode/56-259/'>56-259</a> and denials of requests for interconnection of facilities pursuant to § <a href='http://law.lis.virginia.gov/vacode/56-578/'>56-578</a>.</p><p>B. If the owner or operator of a small renewable energy project for which the Department has authorized a permit by rule pursuant to this article is a utility regulated pursuant to Title 56, such small renewable energy project shall be exempt from any provision of § <a href='http://law.lis.virginia.gov/vacode/56-46.1/'>56-46.1</a> and any corresponding provision of subsection D of § <a href='http://law.lis.virginia.gov/vacode/56-580/'>56-580</a> or Chapter 10.1 (§ <a href='http://law.lis.virginia.gov/vacode/56-265.1/'>56-265.1</a> et seq.) of Title 56 that requires environmental review and permitting by the State Corporation Commission. An owner or operator of a small renewable energy project that is granted a permit by rule pursuant to subsection I of § <a href='http://law.lis.virginia.gov/vacode/10.1-1197.6/'>10.1-1197.6</a>, shall not be required to obtain a certificate of public convenience and necessity pursuant to subsection D of § <a href='http://law.lis.virginia.gov/vacode/56-580/'>56-580</a> or the Utility Facilities Act (§ <a href='http://law.lis.virginia.gov/vacode/56-265.1/'>56-265.1</a> et seq.). Nothing in this section shall affect the jurisdiction of the State Corporation Commission regarding a utility that is not eligible for a permit by rule, or the requirement of such utility to obtain a certificate of public convenience and necessity.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>; 2017, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0368'>368</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.8/
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VA:Title-10.1-Chapter-11.1
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11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1197.9
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10.1-1197.9
|
Enforcement; civil penalties; criminal penalties; injunctive relief
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<p>A. Any person violating or failing, neglecting, or refusing to obey any provision of this article, any regulation, case decision, or order, or any certification or permit-by-rule condition may be compelled to comply by injunction, mandamus, or other appropriate remedy.</p><p>B. Without limiting the remedies that may be obtained under subsection A, any person violating or failing, neglecting, or refusing to obey any regulation, case decision, or order, any provision of this article, or any certification or permit-by-rule condition shall be subject, in the discretion of the court, to a civil penalty not to exceed $32,500 for each violation. Each day of violation shall constitute a separate offense. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-2500/'>10.1-2500</a> et seq.). Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city, or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court may, by order, direct, except that where the person in violation is the county, city, or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25.</p><p>C. 1. Nothing in this article shall affect the enforcement authorities in laws administered by the State Air Pollution Control Board, the State Water Control Board, or the Virginia Waste Management Board, nor shall it affect enforcement authorities of the Department as described in § <a href='http://law.lis.virginia.gov/vacode/10.1-1186/'>10.1-1186</a>.</p><p>2. The Department is authorized to issue orders to require any person to comply with the provisions of this article, any condition of a permit by rule or certification, or any regulations promulgated by the Department or to comply with any order or case decision, as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>, of the Department. Any such order shall be issued only after a proceeding or hearing in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4019/'>2.2-4019</a> or <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a> with reasonable notice to the affected person of the time, place and purpose thereof. The provisions of this section shall not affect the authority of the Department to issue separate orders and regulations to meet any emergency as described in subsection C 5.</p><p>3. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Department, any condition of a permit by rule, certification or any provision of this article, the Department may provide, in an order issued by the Department against such person, for the payment of civil charges for past violations in specific sums, not to exceed the limits specified in this section. Such civil charges shall be levied instead of any appropriate civil penalty, which could be imposed under this section. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.</p><p>4. In addition to all other available remedies, the Department may issue administrative orders for the violation of (i) any law or regulation administered by the Department; (ii) any condition of a permit by rule or certificate issued pursuant to this article; or (iii) any case decision or order of the Department. Issuance of an administrative order shall be a case decision as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a> and shall be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a>. Orders issued pursuant to this subsection may include civil penalties of up to $32,500 per violation not to exceed $100,000 per order, and may compel the taking of corrective actions or the cessation of any activity upon which the order is based. The Department may assess penalties under this subsection if (a) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Department or the Director, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with this subsection. The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Department shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subsection. Penalties shall be paid to the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ <a href='http://law.lis.virginia.gov/vacode/10.1-2500/'>10.1-2500</a> et seq.). The issuance of a notice of alleged violation by the Department shall not be considered a case decision as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact finding from the Department on whether or not a violation has occurred, and nothing in this section shall preclude an owner from seeking such a determination. Orders issued pursuant to this subsection shall become effective five days after having been delivered to the affected persons or mailed by certified mail to the last known address of such persons. The Department shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.</p><p>5. Should the Department find that any person is grossly affecting the public health, safety or welfare, or the health of animals, fish or aquatic life or the environment, or such effects are imminent, the Department shall issue, without a hearing, an emergency administrative order directing the person to cease the activity immediately and undertake any needed corrective action, and shall within 10 days hold a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel the emergency administrative order. If the Department finds that a person who has been issued an administrative order or an emergency administrative order is not complying with the order's terms, the Department may utilize the enforcement and penalty provisions of this article to secure compliance.</p><p>6. The Department shall be entitled to an award of reasonable attorneys' fees and costs in any action brought by the Department under this article in which it substantially prevails on the merits of the case, unless special circumstances would make an award unjust.</p><p>D. Any person willfully violating or refusing, failing, or neglecting to comply with any provision of this article or any regulation, permit by rule, order, or certification under this article shall be guilty of a Class 1 misdemeanor unless a different penalty is specified.</p><p>E. In addition to the penalties provided above, any person who knowingly violates or refuses, fails, or neglects to comply with any provision of this article or any regulation, permit by rule, order, or certification under this article shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than five years and a fine of not more than $32,500 for each violation, either or both. The provisions of this subsection shall be deemed to constitute a lesser included offense of the violation set forth under subsection F.</p><p>F. Any person who knowingly violates or refuses, fails, or neglects to comply with any provision of this article or any regulation, permit by rule, order, or certification under this article and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than 15 years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of violating this section, be subject to a fine not exceeding the greater of $1 million or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person.</p><p>G. Criminal prosecutions under this article shall be commenced within three years after discovery of the offense, notwithstanding the provisions of any other statute.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0808'>808</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0854'>854</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.1/section10.1-1197.9/
|
VA:Title-10.1-Chapter-11.1
|
11.1
|
Department of Environmental Quality
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1198
|
10.1-1198
|
Voluntary environmental assessment privilege
|
<p>A. For purposes of this chapter, unless the context requires a different meaning:</p><p>"Environmental assessment" means a voluntary evaluation of activities or facilities or of management systems related to such activities or facilities that is designed to identify noncompliance with environmental laws and regulations, promote compliance with environmental laws and regulations, or identify opportunities for improved efficiency or pollution prevention. An environmental assessment may be conducted by the owner or operator of a facility or an independent contractor at the request of the owner or operator.</p><p>"Document" means information collected, generated or developed in the course of, or resulting from, an environmental assessment, including but not limited to field notes, records of observation, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, videotape, computer-generated or electronically recorded information, maps, charts, graphs and surveys. "Document" does not mean information generated or developed before the commencement of a voluntary environmental assessment showing noncompliance with environmental laws or regulations or demonstrating a clear, imminent and substantial danger to the public health or environment.</p><p>B. No person involved in the preparation of or in possession of a document shall be compelled to disclose such document or information about its contents, or the details of its preparation. Such a document, portion of a document or information is not admissible without the written consent of the owner or operator in an administrative or judicial proceeding and need not be produced as a result of an information request of the Department or other agency of the Commonwealth or political subdivision. This privilege does not extend to a document, portion of a document or information that demonstrates a clear, imminent and substantial danger to the public health or the environment or to a document or a portion of a document required by law or prepared independently of the voluntary environmental assessment process. This privilege does not apply to a document or portion of a document collected, generated or developed in bad faith, nor does it alter, limit, waive or abrogate any other statutory or common law privilege.</p><p>C. A person or entity asserting a voluntary environmental assessment privilege has the burden of proving a prima facie case as to the privilege. A party seeking disclosure of a document, portion of a document, or information has the burden of proving the applicability of an exception in subsection B to the voluntary environmental assessment privilege. Upon a showing, based upon independent knowledge, by any party to: (i) an informal fact-finding proceeding held pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-4019/'>2.2-4019</a> at which a hearing officer is present; (ii) a formal hearing pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a>; or (iii) a judicial proceeding that probable cause exists to believe that an exception listed in subsection B to the voluntary environmental assessment privilege is applicable to all or a portion of a document or information, the hearing officer or court may have access to the relevant portion of such document or information for the purposes of an in camera review only to determine whether such exception is applicable. The court or hearing examiner may have access to the relevant portion of a document under such conditions as may be necessary to protect its confidentiality. A moving party who obtains access to the document or information may not divulge any information from the document or other information except as specifically allowed by the hearing examiner or the court.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0564'>564</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.2/section10.1-1198/
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VA:Title-10.1-Chapter-11.2
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11.2
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VOLUNTARY ENVIRONMENTAL ASSESSMENT
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VA:Title-10.1
|
10.1
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Conservation
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VA
|
Code of Virginia
|
VA:10.1-1199
|
10.1-1199
|
Immunity against administrative or civil penalties for voluntarily disclosed violation
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<p>To the extent consistent with requirements imposed by federal law, any person making a voluntary disclosure of information to a state or local regulatory agency regarding a violation of an environmental statute, regulation, permit or administrative order shall be accorded immunity from administrative or civil penalty under such statute, regulation, permit or administrative order. A disclosure is voluntary if (i) it is not otherwise required by law, regulation, permit or administrative order, (ii) it is made promptly after knowledge of the violation is obtained through a voluntary environmental assessment, and (iii) the person making the disclosure corrects the violation in a diligent manner in accordance with a compliance schedule submitted to the appropriate state or local regulatory agencies demonstrating such diligence. Immunity shall not be accorded if it is found that the person making the voluntary disclosure has acted in bad faith. This section does not bar the institution of a civil action claiming compensation for injury to person or property against an owner or operator.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0564'>564</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter11.2/section10.1-1199/
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VA:Title-10.1-Chapter-11.2
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11.2
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VOLUNTARY ENVIRONMENTAL ASSESSMENT
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VA:Title-10.1
|
10.1
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Conservation
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VA
|
Code of Virginia
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VA:10.1-1200
|
10.1-1200
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Repealed
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<p>Repealed by Acts 1992, c. 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12/section10.1-1200/
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VA:Title-10.1-Chapter-12
|
12
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ENVIRONMENTAL QUALITY [Repealed]
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
|
VA:10.1-1213
|
10.1-1213
|
Repealed
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<p>Repealed by Acts 1992, cc. 464 and 887.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12/section10.1-1213/
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VA:Title-10.1-Chapter-12
|
12
|
ENVIRONMENTAL QUALITY [Repealed]
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VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1230
|
10.1-1230
|
Definitions
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<p>As used in this chapter:</p><p>"Authority" means the Virginia Resources Authority.</p><p>"Bona fide prospective purchaser" means a person or a tenant of a person who acquires ownership, or proposes to acquire ownership, of real property after the release of hazardous substances occurred.</p><p>"Brownfield" means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.</p><p>"Cost" as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications; architectural, engineering, financial, legal or other special services; site assessments, remediation, containment, and demolition or removal of existing structures; the costs of acquisition of land and any buildings and improvements thereon, including the discharge of any obligation of the seller of such land, buildings or improvements; labor; materials, machinery and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project, and the cost of other items that the Authority determines to be reasonable and necessary.</p><p>"Department" means the Department of Environmental Quality.</p><p>"Director" means the Director of the Department of Environmental Quality.</p><p>"Fund" means the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund.</p><p>"Innocent land owner" means a person who holds any title, security interest or any other interest in a brownfield site and who acquired ownership of the real property after the release of hazardous substances occurred.</p><p>"Local government" means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing.</p><p>"Partnership" means the Virginia Economic Development Partnership.</p><p>"Person" means an individual, corporation, partnership, association, governmental body, municipal corporation, public service authority, or any other legal entity.</p><p>"Project" means all or any part of the following activities necessary or desirable for the restoration and redevelopment of a brownfield site: (i) environmental or cultural resource site assessments, (ii) monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and (v) development of a remediation and reuse plan.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0144'>144</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1230/
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VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
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VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1231
|
10.1-1231
|
Brownfield restoration and land renewal policy and programs
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<p>It shall be the policy of the Commonwealth to encourage remediation and restoration of brownfields by removing barriers and providing incentives and assistance whenever possible. The Department of Environmental Quality and the Economic Development Partnership and other appropriate agencies shall establish policies and programs to implement these policies, including a Voluntary Remediation Program, the Brownfields Restoration and Redevelopment Fund, and other measures as may be appropriate.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1231/
|
VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1232
|
10.1-1232
|
Voluntary Remediation Program
|
<p>A. The Virginia Waste Management Board shall promulgate regulations to allow persons who own, operate, have a security interest in or enter into a contract for the purchase of contaminated property to voluntarily remediate releases of hazardous substances, hazardous wastes, solid wastes, or petroleum. The regulations shall apply where remediation has not clearly been mandated by the United States Environmental Protection Agency, the Department or a court pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), or other applicable statutory or common law or where jurisdiction of those statutes has been waived. The regulations shall provide for the following:</p><p>1. The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal standards for soil, groundwater and sediments, taking into consideration scientific information regarding the following: (i) protection of public health and the environment, (ii) the future industrial, commercial, residential, or other use of the property to be remediated and of surrounding properties, (iii) reasonably available and effective remediation technology and analytical quantitation technology, (iv) the availability of institutional or engineering controls that are protective of human health or the environment, and (v) natural background levels for hazardous constituents;</p><p>2. The establishment of procedures that minimize the delay and expense of the remediation, to be followed by a person volunteering to remediate a release and by the Department in processing submissions and overseeing remediation;</p><p>3. The issuance of certifications of satisfactory completion of remediation, based on then-present conditions and available information, where voluntary cleanup achieves applicable cleanup standards or where the Department determines that no further action is required;</p><p>4. Procedures to waive or expedite issuance of any permits required to initiate and complete a voluntary cleanup consistent with applicable federal law; and</p><p>5. Registration fees to be collected from persons conducting voluntary remediation to defray the actual reasonable costs of the voluntary remediation program expended at the site.</p><p>B. Persons conducting voluntary remediations pursuant to an agreement with the Department entered into prior to the promulgation of those regulations may elect to complete the cleanup in accordance with such an agreement or the regulations.</p><p>C. Certification of satisfactory completion of remediation shall constitute immunity to an enforcement action under the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), Chapter 13 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) of this title, or any other applicable law.</p><p>D. At the request of a person who owns, operates, holds a security interest in or contracts for the purchase of property from which the contamination to be voluntarily remediated originates, the Department is authorized to seek temporary access to private and public property not owned by such person conducting the voluntary remediation as may be reasonably necessary for such person to conduct the voluntary remediation. Such request shall include a demonstration that the person requesting access has used reasonable effort to obtain access by agreement with the property owner. Such access, if granted, shall be granted for only the minimum amount of time necessary to complete the remediation and shall be exercised in a manner that minimizes the disruption of ongoing activities and compensates for actual damages. The person requesting access shall reimburse the Commonwealth for reasonable, actual and necessary expenses incurred in seeking or obtaining access. Denial of access to the Department by a property owner creates a rebuttable presumption that such owner waives all rights, claims and causes of action against the person volunteering to perform remediation for costs, losses or damages related to the contamination as to claims for costs, losses or damages arising after the date of such denial of access to the Department. A property owner who has denied access to the Department may rebut the presumption by showing that he had good cause for the denial or that the person requesting that the Department obtain access acted in bad faith.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0366'>366</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1232/
|
VA:Title-10.1-Chapter-12.1
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12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
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VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1233
|
10.1-1233
|
Amnesty for voluntary disclosure and restoration of brownfield sites
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<p>The Director may, consistent with programs developed under the federal acts, provide incentives for the voluntary disclosure of brownfield sites and related information regarding potential or known contamination at that site. To the extent consistent with federal law, any person making a voluntary disclosure regarding real or potential contamination at a brownfield site shall not be assessed an administrative or civil penalty under the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), the State Air Pollution Control Law (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.), or any other applicable law. A disclosure is voluntary if it is not otherwise required by law, regulation, permit or administrative order and the person making the disclosure adopts a plan to market for redevelopment or otherwise ensure the timely remediation of the site. Immunity shall not be accorded if it is found that the person making the voluntary disclosure has acted in bad faith.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1233/
|
VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
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VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
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VA:10.1-1234
|
10.1-1234
|
Limitations on liability
|
<p>A. The Director may, consistent with programs developed under the federal acts, make a determination to limit the liability of lenders, innocent purchasers or landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), the State Air Pollution Control Law (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.), or any other applicable law.</p><p>B. A bona fide prospective purchaser shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), or the State Air Pollution Control Law (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (iv) the person does not impede the performance of any response action. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).</p><p>C. An innocent land owner who holds title, security interest or any other interest in a brownfield site shall not be held liable for a containment or cleanup that may be required at a brownfield site pursuant to the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), or the State Air Pollution Control Law (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) if (i) the person did not cause, contribute, or consent to the release or threatened release, (ii) the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, (iii) the person made all appropriate inquiries into the previous uses of the facility in accordance with generally accepted good commercial and customary standards and practices, including those established by federal law, (iv) the person exercises appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop any continuing release, prevent any threatened future release, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substances, and (v) the person does not impede the performance of any response action and if either (a) at the time the person acquired the interest, he did not know and had no reason to know that any hazardous substances had been or were likely to have been disposed of on, in, or at the site, or (b) the person is a government entity that acquired the site by escheat or through other involuntary transfer or acquisition. These provisions shall not apply to sites subject to the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.).</p><p>D. A person that owns real property that is contiguous to or otherwise similarly situated with respect to, and that is or may be contaminated by a release or threatened release of a hazardous substance from real property that is not owned by that person shall not be considered liable for a containment or cleanup that may be required pursuant to the Virginia Waste Management Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.), the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), or the State Air Pollution Control Law (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) if the person did not cause, contribute, or consent to the release or threatened release, the person is not liable or potentially liable through any direct or indirect familial relationship or any contractual, corporate, or financial relationship or is not the result of a reorganization of a business entity that was potentially liable, and if such person provides full cooperation, assistance and access to persons that are authorized to conduct response actions at the facility from which there has been a release.</p><p>E. The provisions of this section shall not otherwise limit the authority of the Department, the State Water Control Board, the Virginia Waste Management Board, or the State Air Pollution Control Board to require any person responsible for the contamination or pollution to contain or clean up sites where solid or hazardous waste or other substances have been improperly managed.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1234/
|
VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1235
|
10.1-1235
|
Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act
|
<p>A. Any person not otherwise liable under state law or regulation, who acquires any title, security interest, or any other interest in property located in the Commonwealth listed on the National Priorities List under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.), after the property has been remediated to the satisfaction of the Administrator of the United States Environmental Protection Agency, shall not be subject to civil enforcement or remediation action under this chapter, Chapter 13 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) of this title, the State Water Control Law (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.), or any other applicable state law, or to private civil suit, related to contamination that was the subject of the satisfactory remediation, existing at or immediately contiguous to the property prior to the person acquiring title, security interest, or any other interest in such property.</p><p>B. Any person who acquires any title, security interest, or other interest in property from a person described in subsection A shall not be subject to enforcement or remediation actions or private civil suits to the same extent as the person provided in subsection A.</p><p>C. A person who holds title, a security interest, or any other interest in property prior to the property being acquired by a person described in subsection A shall not be relieved of any liability or responsibility by reacquiring title, a security interest, or any other interest in the property.</p><p>D. The provisions of this chapter shall not be construed to limit the statutory or regulatory authority of any state agency or to limit the liability or responsibility of any person when the activities of that person alter the remediation referred to in subsection A. The provisions of this section shall not modify the liability, if any, of a person who holds title, a security interest, or any other interest in property prior to satisfactory remediation or the liability of a person who acquires the property after satisfactory remediation for damage caused by contaminants not included in the remediation.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1235/
|
VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1236
|
10.1-1236
|
Access to abandoned brownfield sites
|
<p>A. Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned brownfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Board, or to remediate the site. The petition shall include (i) a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and (ii) a plan approved by the Director and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan shall not be considered a case decision as defined by § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>.</p><p>B. Any person, local government, or agency of the Commonwealth not otherwise liable under federal or state law or regulation who performs any investigative, abatement or remediation activities pursuant to this section shall not become subject to civil enforcement or remediation action under Chapter 14 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.) of this title or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.</p><p>C. This section shall not in any way limit the authority of the Virginia Waste Management Board, Director, or Department otherwise created by Chapter 14 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.) of this title.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1236/
|
VA:Title-10.1-Chapter-12.1
|
12.1
|
BROWNFIELD RESTORATION AND LAND RENEWAL ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1237
|
10.1-1237
|
Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses
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<p>A. There is hereby created and set apart a special, permanent, perpetual and nonreverting fund to be known as the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund for the purposes of promoting the restoration and redevelopment of brownfield sites and to address environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects. The Fund shall consist of sums appropriated to the Fund by the General Assembly, all receipts by the Fund from loans made by it, all income from the investment of moneys held in the Fund, and any other sums designated for deposit to the Fund from any source, public or private, including any federal grants, awards or other forms of financial assistance received by the Commonwealth.</p><p>B. 1. The Authority shall administer and manage the Fund and establish the interest rates and repayment terms of such loans in accordance with a memorandum of agreement with the Partnership. The Partnership shall direct the distribution of loans or grants from the Fund to particular recipients based upon guidelines developed for this purpose. With approval from the Partnership, the Authority may disburse moneys from the Fund for the payment of reasonable and necessary costs and expenses incurred in the administration and management of the Fund. The Authority may establish and collect a reasonable fee on outstanding loans for its management services.</p><p>2. The Partnership shall, working in consultation with the Department, include provisions in its guidelines that authorize grants from the Fund of up to $500,000 for site remediation. The guidelines shall include a requirement that sites with potential for redevelopment and economic benefits to the surrounding community be considered for such grants.</p><p>C. All money belonging to the Fund shall be deposited in an account or accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States. The money in these accounts shall be paid by check and signed by the Executive Director of the Authority or other officers or employees designated by the Board of Directors of the Authority. All deposits of money shall, if required by the Authority, be secured in a manner determined by the Authority to be prudent, and all banks, trust companies and savings institutions are authorized to give security for the deposits. Money in the Fund shall not be commingled with other money of the Authority. Money in the Fund not needed for immediate use or disbursement may be invested or reinvested by the Authority in obligations or securities that are considered lawful investments for public funds under the laws of the Commonwealth. Expenditures and disbursements from the Fund shall be made by the Authority upon written request signed by the Chief Executive Officer of the Virginia Economic Development Partnership.</p><p>D. The Authority is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan including, if appropriate, taking the action required by § <a href='/vacode/15.2-2659/'>15.2-2659</a> to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the Authority in the name of the Fund in the appropriate circuit court.</p><p>E. The Partnership may approve grants to local governments for the purposes of promoting the restoration and redevelopment of brownfield sites and to address real environmental problems or obstacles to reuse so that these sites can be effectively marketed to new economic development prospects. The grants may be used to pay the reasonable and necessary costs associated with the restoration and redevelopment of a brownfield site for (i) environmental and cultural resource site assessments, (ii) remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes, (iii) the necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for new economic development, and (v) development of a remediation and reuse plan. The Partnership may establish such terms and conditions as it deems appropriate and shall evaluate each grant request in accordance with the guidelines developed for this purpose. The Authority shall disburse grants from the Fund in accordance with a written request from the Partnership.</p><p>F. The Authority may make loans to local governments, public authorities, corporations and partnerships to finance or refinance the cost of any brownfield restoration or remediation project for the purposes of promoting the restoration and redevelopment of brownfield sites and to address real environmental problems or obstacles to reuse so that these sites can be effectively marketed to economic development prospects. The loans shall be used to pay the reasonable and necessary costs related to the restoration and redevelopment of a brownfield site for (i) environmental and cultural resource site assessments, (ii) remediation of a contaminated property to remove hazardous substances, hazardous wastes, or solid wastes, (iii) the necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for new economic development, and (v) development of a remediation and reuse plan.</p><p>The Partnership shall designate in writing the recipient of each loan, the purposes of the loan, and the amount of each such loan. No loan from the Fund shall exceed the total cost of the project to be financed or the outstanding principal amount of the indebtedness to be refinanced plus reasonable financing expenses.</p><p>G. Except as otherwise provided in this chapter, the Authority shall determine the interest rate and terms and conditions of any loan from the Fund, which may vary between local governments. Each loan shall be evidenced by appropriate bonds or notes of the local government payable to the Fund. The bonds or notes shall have been duly authorized by the local government and executed by its authorized legal representatives. The Authority is authorized to require in connection with any loan from the Fund such documents, instruments, certificates, legal opinions and other information as it may deem necessary or convenient. In addition to any other terms or conditions that the Authority may establish, the Authority may require, as a condition to making any loan from the Fund, that the local government receiving the loan covenant perform any of the following:</p><p>1. Establish and collect rents, rates, fees, taxes, and charges to produce revenue sufficient to pay all or a specified portion of (i) the costs of the project, (ii) any outstanding indebtedness incurred for the purposes of the project, including the principal of, premium, if any, and interest on the loan from the Fund to the local government, and (iii) any amounts necessary to create and maintain any required reserve.</p><p>2. Levy and collect ad valorem taxes on all property within the jurisdiction of the local government subject to local taxation sufficient to pay the principal of and premium, if any, and interest on the loan from the Fund to the local government.</p><p>3. Create and maintain a special fund or funds for the payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and any other amounts becoming due under any agreement entered into in connection with the loan, or the project or any portions thereof or other property of the local government, and deposit into any fund or funds amounts sufficient to make any payments on the loan as they become due and payable.</p><p>4. Create and maintain other special funds as required by the Authority.</p><p>5. Perform other acts otherwise permitted by applicable law to secure payment of the principal of, premium, if any, and interest on the loan from the Fund to the local government and to provide for the remedies of the Fund in the event of any default by the local government in the payment of the loan, including, without limitation, any of the following:</p><p>a. The conveyance of, or the granting of liens on or security interests in, real and personal property, together with all rights, title and interest therein, to the Fund;</p><p>b. The procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for the loan from any source, public or private, and the payment therefor of premiums, fees, or other charges;</p><p>c. The combination of one or more projects, or the combination of one or more projects with one or more other undertakings, for the purpose of financing, and the pledging of the revenues from such combined projects and undertakings to secure the loan from the Fund to the local government made in connection with such combination or any part or parts thereof;</p><p>d. The maintenance, replacement, renewal, and repair of the project; and</p><p>e. The procurement of casualty and liability insurance.</p><p>6. Obtain a review of the accounting and the internal controls from the Auditor of Public Accounts or his legally authorized representatives. The Authority may request additional reviews at any time during the term of the loan.</p><p>7. Directly offer, pledge, and consent to the Authority to take action pursuant to § <a href='/vacode/62.1-216.1/'>62.1-216.1</a> to obtain payment of any amounts in default.</p><p>H. All local governments borrowing money from the Fund are authorized to perform any acts, take any action, adopt any proceedings and make and carry out any contracts that are contemplated by this chapter. Such contracts need not be identical among all local governments, but may be structured as determined by the Authority according to the needs of the contracting local governments and the Fund.</p><p>I. Subject to the rights, if any, of the registered owners of any of the bonds of the Authority, the Authority may consent to and approve any modification in the terms of any loan to any local government.</p><p>J. The Partnership, through its Chief Executive Officer, shall have the authority to access and release moneys in the Fund for purposes of this section as long as the disbursement does not exceed the balance of the Fund. If the Partnership, through its Chief Executive Officer, requests a disbursement in an amount exceeding the current Fund balance, the disbursement shall require the written approval of the Governor. Disbursements from the Fund may be made for the purposes outlined in this section, including, but not limited to, personnel, administrative and equipment costs and expenses directly incurred by the Partnership or the Authority, or by any other agency or political subdivision acting at the direction of the Partnership.</p><p>The Authority is empowered at any time and from time to time to pledge, assign or transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of, premium, if any, and interest on any or all of the bonds, as defined in § <a href='/vacode/62.1-199/'>62.1-199</a>, issued to finance any project. The interests of the Fund in any assets so transferred shall be subordinate to the rights of the trustee under the pledge, assignment or transfer. To the extent funds are not available from other sources pledged for such purpose, any of the assets or payments of principal and interest received on the assets pledged, assigned or transferred or held in trust may be applied by the trustee thereof to the payment of the principal of, premium, if any, and interest on such bonds of the Authority secured thereby, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of, premium, if any, and interest on such bonds of the Authority. Any assets of the Fund pledged, assigned or transferred in trust as set forth above and any payments of principal, interest or earnings received thereon shall remain part of the Fund but shall be subject to the pledge, assignment or transfer to secure the bonds of the Authority and shall be held by the trustee to which they are pledged, assigned or transferred until no longer required for such purpose by the terms of the pledge, assignment or transfer.</p><p>K. The Authority is empowered at any time and from time to time to sell, upon such terms and conditions as the Authority shall deem appropriate, any loan, or interest therein, made pursuant to this chapter. The net proceeds of sale remaining after the payment of the costs and expenses of the sale shall be designated for deposit to, and become part of, the Fund.</p><p>L. The Authority may, with the approval of the Partnership, pledge, assign or transfer from the Fund to banks or trust companies designated by the Authority any or all of the assets of the Fund to be held in trust as security for the payment of the principal of, premium, if any, and interest on any or all of the bonds, as defined in § <a href='/vacode/62.1-199/'>62.1-199</a>, issued to finance any project. The interests of the Fund in any assets so transferred shall be subordinate to the rights of the trustee under the pledge, assignment or transfer. To the extent funds are not available from other sources pledged for such purpose, any of the assets or payments of principal and interest received on the assets pledged, assigned or transferred or held in trust may be applied by the trustee thereof to the payment of the principal of, premium, if any, and interest on such bonds of the Authority secured thereby, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of, premium, if any, and interest on such bonds of the Authority. Any assets of the Fund pledged, assigned or transferred in trust as set forth above and any payments of principal, interest or earnings received thereon shall remain part of the Fund but shall be subject to the pledge, assignment or transfer to secure the bonds of the Authority and shall be held by the trustee to which they are pledged, assigned or transferred until no longer required for such purpose by the terms of the pledge, assignment or transfer.</p><p>M. The Partnership, in consultation with the Department of Environmental Quality, shall develop guidance governing the use of the Fund and including criteria for project eligibility that considers the extent to which a grant or loan will facilitate the use or reuse of existing infrastructure, the extent to which a grant or loan will meet the needs of a community that has limited ability to draw on other funding sources because of the small size or low income of the community, the potential for redevelopment of the site, the economic and environmental benefits to the surrounding community, and the extent of the perceived or real environmental contamination at the site. The guidelines shall include a requirement for a one-to-one match by the recipient of any grant made by or from the Fund.</p><p>2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0869'>869</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0083'>83</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.1/section10.1-1237/
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VA:Title-10.1-Chapter-12.1
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12.1
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BROWNFIELD RESTORATION AND LAND RENEWAL ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
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Code of Virginia
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VA:10.1-1238
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10.1-1238
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Definitions
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<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property.</p><p>"Agency" means the Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.</p><p>"Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.</p><p>"Department" means the Department of Environmental Quality.</p><p>"Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.</p><p>"Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:</p><p>1. Under a federal or state program governing environmental remediation of real property;</p><p>2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or</p><p>3. Under a state voluntary clean-up program including the Brownfield Restoration and Land Renewal Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1230/'>10.1-1230</a> et seq.).</p><p>"Holder" means the grantee of an environmental covenant as specified in subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-1239/'>10.1-1239</a>.</p><p>"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity.</p><p>"Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.</p><p>"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1238/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
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Code of Virginia
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VA:10.1-1239
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10.1-1239
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Nature of rights; subordination of interests
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<p>A. Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.</p><p>B. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.</p><p>C. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.</p><p>D. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:</p><p>1. An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.</p><p>2. This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.</p><p>3. A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.</p><p>4. An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant or affect that person's existing liability.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1239/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
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Code of Virginia
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VA:10.1-1240
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10.1-1240
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Contents of environmental covenant
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<p>A. An environmental covenant shall:</p><p>1. State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1238/'>10.1-1238</a> et seq. of the Code of Virginia);</p><p>2. Contain a legally sufficient description of the real property subject to the covenant;</p><p>3. Describe the activity and use limitations on the real property;</p><p>4. Identify every holder;</p><p>5. Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and</p><p>6. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.</p><p>B. In addition to the information required by subsection A, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:</p><p>1. Any requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;</p><p>2. Any requirements for periodic reporting describing compliance with the covenant, including a requirement that a qualified and certified professional engineer inspect, investigate and report on the compliance with the covenant;</p><p>3. Any rights of access to the property granted in connection with implementation or enforcement of the covenant;</p><p>4. A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;</p><p>5. Any limitations on amendment or termination of the covenant in addition to those contained in §§ <a href='http://law.lis.virginia.gov/vacode/10.1-1245/'>10.1-1245</a> and <a href='http://law.lis.virginia.gov/vacode/10.1-1246/'>10.1-1246</a>; and</p><p>6. Any rights of the holder in addition to its right to enforce the covenant pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1247/'>10.1-1247</a>.</p><p>C. In addition to other conditions for approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1240/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
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Code of Virginia
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VA:10.1-1241
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10.1-1241
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Effect on other instruments; validity
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<p>A. An environmental covenant that complies with this chapter runs with the land.</p><p>B. An environmental covenant that is otherwise effective is valid and enforceable even if:</p><p>1. It is not appurtenant to an interest in real property;</p><p>2. It can be or has been assigned to a person other than the original holder;</p><p>3. It is not of a character that has been recognized traditionally at common law;</p><p>4. It imposes a negative burden;</p><p>5. It imposes an affirmative obligation on a person having an interest in the real property or on the holder;</p><p>6. The benefit or burden does not touch or concern real property;</p><p>7. There is no privity of estate or contract;</p><p>8. The holder dies, ceases to exist, resigns, or is replaced; or</p><p>9. The owner of an interest subject to the environmental covenant and the holder are the same person.</p><p>C. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection B or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.</p><p>D. This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of the Commonwealth.</p><p>E. An environmental covenant pursuant to this chapter may be utilized only when agreed to by the agencies, owners, and holders to such covenant. When restrictions and obligations are imposed on real property in connection with an environmental response project, they may be drafted and recorded in any manner permissible under the laws of Virginia. This chapter applies only to activity and use limitations drafted and recorded in accordance with the provisions of this chapter.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0278'>278</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1241/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
|
Code of Virginia
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VA:10.1-1242
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10.1-1242
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Relationship to other land use law
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<p>This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1242/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
|
Code of Virginia
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VA:10.1-1243
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10.1-1243
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Notice
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<p>A. A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:</p><p>1. Each person that signed the covenant;</p><p>2. Each person holding a recorded interest in the real property subject to the covenant;</p><p>3. Each person in possession of the real property subject to the covenant;</p><p>4. Each municipality or other unit of local government in which real property subject to the covenant is located; and</p><p>5. Any other person the agency requires.</p><p>B. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1243/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
|
10.1
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Conservation
|
VA
|
Code of Virginia
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VA:10.1-1244
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10.1-1244
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Recording
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<p>A. An environmental covenant and any amendment or termination of the covenant shall be recorded in every locality in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.</p><p>B. Except as otherwise provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1245/'>10.1-1245</a>, an environmental covenant is subject to the laws of the Commonwealth governing recording and priority of interests in real property.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1244/
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VA:Title-10.1-Chapter-12.2
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12.2
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UNIFORM ENVIRONMENTAL COVENANTS ACT
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VA:Title-10.1
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10.1
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Conservation
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VA
|
Code of Virginia
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VA:10.1-1245
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10.1-1245
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Duration; amendment by court action
|
<p>A. An environmental covenant is perpetual unless it is:</p><p>1. By its terms limited to a specific duration or terminated by the occurrence of a specific event;</p><p>2. Terminated by consent pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1246/'>10.1-1246</a>;</p><p>3. Terminated pursuant to subsection B;</p><p>4. Terminated by foreclosure of an interest that has priority over the environmental covenant; or</p><p>5. Terminated or modified in an eminent domain proceeding, but only if:</p><p>a. The agency that signed the covenant is a party to the proceeding;</p><p>b. All persons identified in subsections A and B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1246/'>10.1-1246</a> are given notice of the pendency of the proceeding; and</p><p>c. The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.</p><p>B. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections A and B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1246/'>10.1-1246</a> have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>C. Except as otherwise provided in subsections A and B, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1245/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1246
|
10.1-1246
|
Amendment or termination by consent
|
<p>A. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:</p><p>1. The agency;</p><p>2. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;</p><p>3. Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and</p><p>4. Except as otherwise provided in subdivision D 2, the holder.</p><p>B. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.</p><p>C. Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.</p><p>D. Except as otherwise provided in an environmental covenant:</p><p>1. A holder may not assign its interest without consent of the other parties;</p><p>2. A holder may be removed and replaced by agreement of the other parties specified in subsection A; and</p><p>3. A court of competent jurisdiction may fill a vacancy in the position of holder.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1246/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1247
|
10.1-1247
|
Enforcement of environmental covenant
|
<p>A. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:</p><p>1. A party to the covenant;</p><p>2. The agency or, if it is not the agency, the Department;</p><p>3. Any person to whom the covenant expressly grants power to enforce;</p><p>4. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or</p><p>5. A municipality or other unit of local government in which the real property subject to the covenant is located.</p><p>B. This chapter does not limit the regulatory authority of the agency or the Department under law other than this chapter with respect to an environmental response project.</p><p>C. A person is not responsible for or subject to liability for environmental remediation solely because he has the right to enforce an environmental covenant.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1247/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1248
|
10.1-1248
|
Fees; Environmental Covenants Fund established
|
<p>A. The Department shall establish fees, to be paid by the fee simple owner of the real property subject to the covenant, which shall be assessed for the purpose of funding the costs of administering the provisions of this chapter and shall be used solely for the purposes specified in this chapter.</p><p>B. There is hereby created in the state treasury a special nonreverting fund to be known as the Environmental Covenants Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. Notwithstanding the provisions of § <a href='http://law.lis.virginia.gov/vacode/2.2-1802/'>2.2-1802</a>, all moneys collected pursuant to this section shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes described in subsection A. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by Director. The Fund shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1248/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1249
|
10.1-1249
|
Relation to Electronic Signatures in Global and National Commerce Act
|
<p>This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede § 101 of that Act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in § 103 of that Act (15 U.S.C. § 7003 (b)).</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1249/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1250
|
10.1-1250
|
Regulations
|
<p>The Department may, as necessary, adopt regulations to implement the provisions of this chapter.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0691'>691</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter12.2/section10.1-1250/
|
VA:Title-10.1-Chapter-12.2
|
12.2
|
UNIFORM ENVIRONMENTAL COVENANTS ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1300
|
10.1-1300
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Advisory Board" means the State Advisory Board on Air Pollution.</p><p>"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people of life or property.</p><p>"Board" means the State Air Pollution Control Board.</p><p>"Department" means the Department of Environmental Quality.</p><p>"Director" or "Executive Director" means the Executive Director of the Department of Environmental Quality.</p><p>"Owner" shall have no connotation other than that customarily assigned to the term "person," but shall include bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals.</p><p>"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.</p><p>"Special order" means a special order issued under § <a href='http://law.lis.virginia.gov/vacode/10.1-1309/'>10.1-1309</a>.</p><p>"Wood heater" means a wood stove, pellet stove, wood-fired hydronic heater, wood-burning forced-air furnace, or masonry wood heater, any of which is solely designed for heating a home or a business and with either (i) uncontrolled fine particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers (PM2.5) emissions of less than 10 tons per year or with a maximum heat input of less than 1,000,000 Btu/hr or (ii) uncontrolled fine particulate matter with an aerodynamic diameter less than or equal to 10 micrometers (PM10) emissions of less than 15 tons per year or with a maximum heat input of less than 1,000,000 Btu/hr.</p><p>1966, c. 497, § 10-17.10; 1968, c. 311; 1970, c. 469; 1971, Ex. Sess., c. 91; 1972, c. 781; 1985, c. 448; 1988, c. 891; 1990, c. 238; 1991, c. 702; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0408'>408</a>; 2015, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0471'>471</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1300/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1300.1
|
10.1-1300.1
|
Certified mail; subsequent mail or notices may be sent by regular mail
|
<p>Whenever in this chapter the Board, the Department, or the Director is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, the Department, or the Director may be sent by regular mail.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0566'>566</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1300.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1301
|
10.1-1301
|
State Air Pollution Control Board; membership; terms; vacancies
|
<p>The State Air Pollution Control Board shall be composed of seven members appointed by the Governor for four-year terms. Vacancies other than by expiration of term shall be filled by the Governor by appointment for the unexpired term.</p><p>1966, c. 497, § 10-17.11; 1988, c. 891; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0276'>276</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0557'>557</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1301/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1302
|
10.1-1302
|
Qualifications of members of Board
|
<p>The members of the Board shall be citizens of the Commonwealth and shall be selected from the Commonwealth at large on the basis of merit without regard to political affiliation. Members shall, by their education, training, or experience, be knowledgeable of air quality control and regulation, and shall be fairly representative of conservation, public health, business, and agriculture. No person appointed to the Board shall be employed by persons subject to permits or enforcement orders of the Board or receive a significant portion of his income, whether directly or indirectly, from persons subject to permits or enforcement orders of the Board. Income from a vested retirement benefit shall not be considered income for purposes of this section. Notwithstanding any other provision of this section relating to Board membership, the qualifications for Board membership shall not be more strict than those that are required by federal statute or regulations of the United States Environmental Protection Agency. The provisions of this section shall be in addition to the requirements of the State and Local Government Conflict of Interests Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-3100/'>2.2-3100</a> et seq.).</p><p>1966, c. 497, § 10-17.12; 1979, c. 117; 1987, Sp. Sess., c. 1; 1988, c. 891; 1992, c. 675; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0461'>461</a>; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0276'>276</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0557'>557</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1302/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1303
|
10.1-1303
|
Chairman of the Board; Executive Director; cooperation of state agencies
|
<p>The Board shall elect its own chairman. The Governor shall appoint an Executive Director who shall serve as executive officer of the Board, but shall not serve as a member thereof. The Board may call upon any state department or agency for technical assistance. All departments and agencies of the Commonwealth shall, upon request, assist the Board in the performance of its duties.</p><p>1966, c. 497, § 10-17.14; 1972, c. 781; 1984, c. 444; 1985, c. 397; 1988, c. 891; 1990, c. 238.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1303/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1304
|
10.1-1304
|
Meetings of Board; quorum
|
<p>The Board shall meet at least four times a year. Special meetings may be held at any time or place to be determined by the Board upon the call of the chairman or upon written request of any two members. All members shall be notified of the time and place of any meeting at least five days in advance of the meeting. A majority of the members of the Board shall constitute a quorum for the transaction of business.</p><p>1966, c. 497, § 10-17.15; 1988, c. 891; 2008, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0276'>276</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0557'>557</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1304/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1305
|
10.1-1305
|
Records of proceedings of Board
|
<p>The Board shall keep a complete and accurate record of the proceedings at all its meetings, a copy of which shall be kept on file in the office of the Director and available for public inspection.</p><p>1966, c. 497, § 10-17.16; 1977, c. 31; 1988, cc. 26, 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1305/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1306
|
10.1-1306
|
Inspections, investigations, etc
|
<p>The Department shall make, or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter, within the limits of the appropriations, study grants, funds, or personnel which are available for the purposes of this chapter, including the achievement and maintenance of such levels of air quality as will protect human health, welfare and safety and to the greatest degree practicable prevent injury to plant and animal life and property and which will foster the comfort and convenience of the people of the Commonwealth and their enjoyment of life and property and which will promote the economic and social development of the Commonwealth and facilitate enjoyment of its attractions.</p><p>1966, c. 497, § 10-17.17; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1306/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307
|
10.1-1307
|
Further powers and duties of Board and Department
|
<p>A. The Board shall have the power to control and regulate its internal affairs. The Department shall have the power to initiate and supervise research programs to determine the causes, effects, and hazards of air pollution; initiate and supervise statewide programs of air pollution control education; cooperate with and receive money from the federal government or any county or municipal government, and receive money from any other source, whether public or private; develop a comprehensive program for the study, abatement, and control of all sources of air pollution in the Commonwealth; and advise, consult, and cooperate with agencies of the United States and all agencies of the Commonwealth, political subdivisions, private industries, and any other affected groups in furtherance of the purposes of this chapter.</p><p>B. The Board may adopt by regulation emissions standards controlling the release into the atmosphere of air pollutants from motor vehicles, only as provided in § <a href='/vacode/10.1-1307.05/'>10.1-1307.05</a> and Article 22 (§ <a href='/vacode/46.2-1176/'>46.2-1176</a> et seq.) of Chapter 10 of Title 46.2.</p><p>C. After any regulation has been adopted by the Board pursuant to § <a href='/vacode/10.1-1308/'>10.1-1308</a>, the Department may grant local variances therefrom, if it finds after an investigation and hearing that local conditions warrant; except that no local variances shall be granted from regulations adopted by the Board pursuant to § <a href='/vacode/10.1-1308/'>10.1-1308</a> related to the requirements of subsection E of § <a href='/vacode/10.1-1308/'>10.1-1308</a> or Article 4 (§ <a href='/vacode/10.1-1329/'>10.1-1329</a> et seq.). If local variances are permitted, the Department shall issue an order to this effect. Such order shall be subject to revocation or amendment at any time if the Department, after a hearing, determines that the amendment or revocation is warranted. Variances and amendments to variances shall be adopted only after a public hearing has been conducted pursuant to the public advertisement of the subject, date, time, and place of the hearing at least 30 days prior to the scheduled hearing. The hearing shall be conducted to give the public an opportunity to comment on the variance.</p><p>D. After the Board has adopted the regulations provided for in § <a href='/vacode/10.1-1308/'>10.1-1308</a>, the Department shall have the power to (i) initiate and receive complaints as to air pollution; (ii) hold or cause to be held hearings and enter orders diminishing or abating the causes of air pollution and orders to enforce the Board's regulations pursuant to § <a href='/vacode/10.1-1309/'>10.1-1309</a>; and (iii) institute legal proceedings, including suits for injunctions for the enforcement of orders, regulations, and the abatement and control of air pollution and for the enforcement of penalties.</p><p>E. The Board in making regulations; the Department in approving variances, control programs, or permits; and the courts in granting injunctive relief under the provisions of this chapter, shall consider facts and circumstances relevant to the reasonableness of the activity involved and the regulations proposed to control it, including:</p><p>1. The character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be caused;</p><p>2. The social and economic value of the activity involved;</p><p>3. The suitability of the activity to the area in which it is located, except that consideration of this factor shall be satisfied if the local governing body of a locality in which a facility or activity is proposed has resolved that the location and operation of the proposed facility or activity is suitable to the area in which it is located; and</p><p>4. The scientific and economic practicality of reducing or eliminating the discharge resulting from such activity.</p><p>F. The Department shall conduct the hearings provided for in this chapter.</p><p>G. The Board shall not:</p><p>1. Adopt any regulation limiting emissions from wood heaters; or</p><p>2. Enforce against a manufacturer, distributor, or consumer any federal regulation limiting emissions from wood heaters adopted after May 1, 2014.</p><p>H. The Department shall submit an annual report to the Governor and General Assembly on or before October 1 of each year on matters relating to the Commonwealth's air pollution control policies and on the status of the Commonwealth's air quality.</p><p>I. In granting a permit pursuant to this section, the Department shall provide in writing a clear and concise statement of the legal basis, scientific rationale, and justification for the decision reached. When the decision of the Department is to deny a permit, pursuant to this section, the Department shall, in consultation with legal counsel, provide a clear and concise statement explaining the reason for the denial, the scientific justification for the same, and how the Department's decision is in compliance with applicable laws and regulations. Copies of the decision, certified by the Director, shall be mailed by certified mail to the permittee or applicant.</p><p>1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1977, c. 31; 1980, c. 469; 1984, c. 734; 1988, cc. 26, 891; 1990, c. 231; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0650'>650</a>; 2015, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?151+ful+CHAP0471'>471</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0263'>263</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.01
|
10.1-1307.01
|
Further duties of Board and Department; localities particularly affected
|
<p>A. The Board, before promulgating a regulation under consideration, or the Department, before granting a variance to an existing regulation, or issuing a permit for the construction of a new major source or for a major modification to an existing source, if it is found that there is a locality particularly affected by the regulation, variance, or permit, shall, respectively:</p><p>1. Publish, or require the applicant to publish, a notice in a local paper of general circulation in each locality affected at least 30 days prior to the close of any public comment period. Such notice shall contain a statement of the estimated local impact of the proposed action, which at a minimum shall provide information regarding specific pollutants and the total quantity of each that may be emitted and shall list the type and quantity of any fuels to be used.</p><p>2. Mail the notice to the chief elected official and chief administrative officer of and the planning district commission for such locality.</p><p>Written comments shall be accepted by the Board for at least 15 days after any hearing on the regulation unless the Board votes to shorten the period. Written comments shall be accepted by the Department for at least 15 days after any hearing on the variance or permit.</p><p>B. If the Department finds, before granting any variance to an existing regulation or issuing any permit for (i) a new fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (ii) a major modification to an existing source that is a fossil fuel-fired generating facility with a capacity of 500 megawatts or more, (iii) a new fossil fuel-fired compressor station facility used to transport natural gas, or (iv) a major modification to an existing source that is a fossil fuel-fired compressor station facility used to transport natural gas, that there is a locality particularly affected by such variance or permit, the Department shall:</p><p>1. Require the applicant to publish a notice in at least one local paper of general circulation in any locality particularly affected at least 60 days prior to the close of any public comment period. Such notice shall (i) contain a statement of the estimated local impact of the proposed action; (ii) provide information regarding specific pollutants and the total quantity of each that may be emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv) advise the public as to the date and location of a public hearing; and (v) advise the public where to obtain information regarding the proposed action. The Department shall post such notice on the Department website and on a Department social media account.</p><p>2. Require the applicant to mail the notice to (i) the chief elected official of, chief administrative officer of, and planning district commission for each locality particularly affected; (ii) every public library and public school located within five miles of such facility; and (iii) the owner of each parcel of real property that is depicted as adjacent to the facility on the current real estate tax assessment maps of the locality.</p><p>Written comments shall be accepted by the Department for at least 30 days after any hearing on such variance or permit, unless the Director elects to shorten the period.</p><p>C. For the purposes of this section, the term "locality particularly affected" means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.</p><p>1993, c. 944; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0612'>612</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1110'>1110</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.01/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.02
|
10.1-1307.02
|
Permit for generation of electricity during ISO-declared emergency
|
<p>A. As used in this section:</p><p>"Emergency generation source" means a stationary internal combustion engine that operates according to the procedures in the ISO's emergency operations manual during an ISO-declared emergency.</p><p>"ISO-declared emergency" means a condition that exists when the independent system operator, as defined in § <a href='/vacode/56-576/'>56-576</a>, notifies electric utilities that an emergency exists or may occur and that complies with the definition of "emergency" adopted by the Board pursuant to subsection B.</p><p>"Retail customer" has the same meaning ascribed thereto in § <a href='/vacode/56-576/'>56-576</a>.</p><p>B. The Board shall adopt a general permit regulation for the use of back-up generation to authorize the construction, installation, reconstruction, modification, and operation of emergency generation sources during ISO-declared emergencies. Such general permit regulation shall include a definition of "emergency" that is compatible with the ISO's emergency operations manual. After adoption of such general permit regulation, any amendments to the Board's regulations necessary to carry out the provisions of this section shall be exempt from Article 2 (§ <a href='/vacode/2.2-4006/'>2.2-4006</a> et seq.) of the Administrative Process Act.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0752'>752</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0855'>855</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.02/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.03
|
10.1-1307.03
|
Requirements applicable to Outer Continental Shelf sources
|
<p>A. As used in this section:</p><p>"Outer Continental Shelf" has the meaning provided by § 2 of the federal Outer Continental Shelf Lands Act (43 U.S.C. § 1331).</p><p>"Outer Continental Shelf sources" has the same meaning ascribed thereto in § 328(a)(4)(C) of the Clean Air Act (42 U.S.C. § 7627 (a)(4)(C)).</p><p>B. The Board, by January 1, 2011, shall adopt any regulations necessary to implement and enforce the requirements of § 328 of the Clean Air Act (42 U.S.C. § 7627) relating to requirements to control air pollution from Outer Continental Shelf sources located offshore of the Commonwealth. The regulations adopted by the Board shall not differ materially from the regulations promulgated by the U.S. Environmental Protection Agency in implementing § 328 of the Clean Air Act.</p><p>2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0689'>689</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.03/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.04
|
10.1-1307.04
|
Greenhouse gas emissions inventory
|
<p>A. The Department shall conduct a comprehensive statewide baseline and projection inventory of all greenhouse gas (GHG) emissions and shall update such inventory every four years. The Board may adopt regulations necessary to collect from all source sectors data needed by the Department to conduct, update, and maintain such inventory.</p><p>B. The Department shall include the inventory in the report required pursuant to subsection H of § <a href='/vacode/10.1-1307/'>10.1-1307</a>, beginning with the report issued prior to October 1, 2022, and every four years thereafter. The Department shall publish such inventory on its website, showing changes in GHG emissions relative to an estimated GHG emissions baseline case for calendar year 2010.</p><p>C. Any information, except emissions data, that is reported to or otherwise obtained by the Department pursuant to this section and that contains or might reveal proprietary information shall be confidential and shall be exempt from the mandatory disclosure requirements of the Virginia Freedom of Information Act (§ <a href='/vacode/2.2-3700/'>2.2-3700</a> et seq.). Each owner shall notify the Director or his representative of the existence of proprietary information if he desires the protection provided pursuant to this subsection.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?211+ful+CHAP0098'>98</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.04/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.05
|
10.1-1307.05
|
Low-emissions and zero-emissions vehicle standards
|
<p>A. As used in this section:</p><p>"LEV" means low-emission vehicle.</p><p>"ZEV" means zero-emission vehicle.</p><p>B. The Board may adopt by regulation and enforce any model year standards relating to the control of emissions from new motor vehicles or new motor vehicle engines, including LEV and ZEV standards pursuant to § 177 of the federal Clean Air Act (42 U.S.C. § 7507). The Board shall promulgate final regulations for an Advanced Clean Cars Program that includes (i) an LEV program for criteria pollutants and greenhouse gas emissions and (ii) a ZEV program only for motor vehicles with a gross vehicle weight of 14,000 pounds or less. Such programs shall be applicable to motor vehicles beginning with the 2025 model year, or to the first model year for which adoption of such standards is practicable. The Board shall periodically amend any regulations adopted pursuant to this section to ensure continued consistency of such standards with the Clean Air Act.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0263'>263</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.05/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.1
|
10.1-1307.1
|
Department continued; appointment of Director
|
<p>A. The Department of Air Pollution Control is continued as an agency within the Secretariat of Natural and Historic Resources. The Department shall be headed by a Director appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor.</p><p>B. In addition to the powers designated elsewhere in this chapter, the Department shall have the power to:</p><p>1. Administer the policies and regulations established by the Board pursuant to this chapter;</p><p>2. Employ such personnel as may be required to carry out the duties of the Department;</p><p>3. Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, agencies, and governmental subdivisions of the Commonwealth;</p><p>4. Accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable; and</p><p>5. Perform all acts necessary or convenient to carry out the purposes of this chapter.</p><p>1990, c. 238.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.2
|
10.1-1307.2
|
Powers and duties of the Executive Director
|
<p>A. The Executive Director, under the direction and control of the Governor, shall exercise such powers and perform such duties as are conferred or imposed upon him by the law and shall perform such other duties required of him by the Governor and the Board.</p><p>B. The Executive Director may be vested with the authority of the Board when it is not in session, subject to such regulations or delegation as may be prescribed by the Board.</p><p>In no event shall the Executive Director have the authority to adopt or promulgate any regulation.</p><p>C. In addition to the powers designated elsewhere in this chapter, the Director shall have the following general powers:</p><p>1. Supervise and manage the Department;</p><p>2. Prepare and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations;</p><p>3. Provide investigative and such other services as needed by the Department to enforce applicable laws and regulations;</p><p>4. Provide for the administrative functions and services of the Department;</p><p>5. Provide such office facilities as will allow the Department to carry out its duties; and</p><p>6. Assist the citizens (including corporate citizens) of the Commonwealth by providing guidelines, time tables, suggestions and in general being helpful to applicants seeking state and federal air pollution control permits.</p><p>1990, c. 238.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.2/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1307.3
|
10.1-1307.3
|
Executive Director to enforce laws
|
<p>A. The Executive Director or his duly authorized representative shall have the authority to:</p><p>1. Supervise, administer, and enforce the provisions of this chapter and regulations and orders of the Board as are conferred upon him by the Board;</p><p>2. Investigate any violations of this chapter and regulations and orders of the Board;</p><p>3. Require that air pollution records and reports be made available upon request, and require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of this chapter and regulations and orders of the Board;</p><p>4. Upon presenting appropriate credentials to the owner, operator, or agent in charge:</p><p>a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in this Commonwealth; and</p><p>b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the Director or his representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the Director shall have the power to seek from a court having equity jurisdiction an order compelling such entry or inspection; and</p><p>5. Temporarily suspend the enforcement of any regulation or permit requirement applicable to any part of an electrical generation and transmission system, whether owned or contracted for, when a public electric utility providing power within the Commonwealth so requests and has suffered a force majeure event as defined in subdivision 7 of § <a href='http://law.lis.virginia.gov/vacode/59.1-21.18:2/'>59.1-21.18:2</a>.</p><p>B. The Executive Director or his duly authorized representative may pursue enforcement action for a violation of opacity requirements or limits based on (i) visual observations conducted pursuant to methods approved by the U.S. Environmental Protection Agency, (ii) data from certified continuous opacity monitors, or (iii) other methods approved by the U.S. Environmental Protection Agency.</p><p>1990, c. 238; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0184'>184</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0148'>148</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1307.3/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1308
|
10.1-1308
|
Regulations
|
<p>A. The Board, after having studied air pollution in the various areas of the Commonwealth, its causes, prevention, control and abatement, shall have the power to promulgate regulations, including emergency regulations, abating, controlling and prohibiting air pollution throughout or in any part of the Commonwealth in accordance with the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.), except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable. No such regulation shall prohibit the burning of leaves from trees by persons on property where they reside if the local governing body of the county, city or town has enacted an otherwise valid ordinance regulating such burning. The regulations shall not promote or encourage any substantial degradation of present air quality in any air basin or region which has an air quality superior to that stipulated in the regulations. Any regulations adopted by the Board to have general effect in part or all of the Commonwealth shall be filed in accordance with the Virginia Register Act (§ <a href='/vacode/2.2-4100/'>2.2-4100</a> et seq.).</p><p>B. Any regulation that prohibits the selling of any consumer product shall not restrict the continued sale of the product by retailers of any existing inventories in stock at the time the regulation is promulgated.</p><p>C. Any regulation requiring the use of stage 1 vapor recovery equipment at gasoline dispensing facilities may be applicable only in areas that have been designated at any time by the U.S. Environmental Protection Agency as nonattainment for the pollutant ozone. For purposes of this section, gasoline dispensing facility means any site where gasoline is dispensed to motor vehicle tanks from storage tanks.</p><p>D. No regulation of the Board shall require permits for the construction or operation of qualified fumigation facilities, as defined in § <a href='/vacode/10.1-1308.01/'>10.1-1308.01</a>.</p><p>E. Notwithstanding any other provision of law and no earlier than July 1, 2024, the Board shall adopt regulations to reduce, for the period of 2031 to 2050, the carbon dioxide emissions from any electricity generating unit in the Commonwealth, regardless of fuel type, that serves an electricity generator with a nameplate capacity equal to or greater than 25 megawatts that supplies (i) 10 percent or more of its annual net electrical generation to the electric grid or (ii) more than 15 percent of its annual total useful energy to any entity other than the manufacturing facility to which the generating source is interconnected (covered unit).</p><p>The Board may establish, implement, and manage an auction program to sell allowances to carry out the purposes of such regulations or may in its discretion utilize an existing multistate trading system.</p><p>The Board may utilize its existing regulations to reduce carbon dioxide emissions from electric power generating facilities; however, the regulations shall provide that no allowances be issued for covered units in 2050 or any year beyond 2050. The Board may establish rules for trading, the use of banked allowances, and other auction or market mechanisms as it may find appropriate to control allowance costs and otherwise carry out the purpose of this subsection.</p><p>In adopting such regulations, the Board shall consider only the carbon dioxide emissions from the covered units. The Board shall not provide for emission offsetting or netting based on fuel type.</p><p>Regulations adopted by the Board under this subsection shall be subject to the requirements set out in §§ <a href='/vacode/2.2-4007.03/'>2.2-4007.03</a>, <a href='/vacode/2.2-4007.04/'>2.2-4007.04</a>, <a href='/vacode/2.2-4007.05/'>2.2-4007.05</a>, and <a href='/vacode/2.2-4026/'>2.2-4026</a> through <a href='/vacode/2.2-4030/'>2.2-4030</a> of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.) and shall be published in the Virginia Register of Regulations.</p><p>1966, c. 497, §§ 10-17.16, 10-17.18; 1968, c. 311; 1969, Ex. Sess., c. 8; 1970, c. 469; 1972, c. 781; 1973, c. 251; 1980, c. 469; 1984, c. 734; 1988, cc. 26, 891; 1993, c. 456; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0055'>55</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0066'>66</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0071'>71</a>; 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0393'>393</a>; 2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1193'>1193</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1194'>1194</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1308/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1308.01
|
10.1-1308.01
|
Qualified fumigation facilities
|
<p>A. For the purposes of this section, a "qualified fumigation facility" means a facility that:</p><p>1. Conducts commodity fumigation using any chemical regulated under Section 112(b) of the federal Clean Air Act of foods, products, components, livestock or materials including fumigation subject to regulation by either the U.S. Department of Agriculture or the U.S. Food and Drug Administration, or conducts such fumigation as required by other international, federal, or state regulations or requirements;</p><p>2. Is not otherwise exempt under regulations of the Board for toxic air pollutants;</p><p>3. Has the potential to emit less than 10 tons per year of any hazardous air pollutant or 25 tons per year of any combination of hazardous air pollutants regulated by the Board pursuant to its regulations in Articles 4 (<a href='http://law.lis.virginia.gov/admincode/title9/agency5/chapter60/section200/'>9VAC5-60-200</a> et seq.) and 5 (<a href='http://law.lis.virginia.gov/admincode/title9/agency5/chapter60/section300/'>9VAC5-60-300</a> et seq.) of Chapter 60 (<a href='http://law.lis.virginia.gov/admincode/title9/agency5/chapter60/'>9VAC5-60</a>); or is not otherwise subject to regulation under the provisions of the federal Clean Air Act (42 U.S.C. § 7401 et seq.) related to hazardous air pollutants. For determining potential to emit, "facility" means any building, structure, facility or installation that emits or may emit any regulated air pollutant. A facility shall include all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control;</p><p>4. Operates in compliance with all federal and state regulations for licensing and operation of fumigation facilities and licensing of fumigant applicators; and</p><p>5. Conducts fumigation activities that are, at a minimum, one of the following:</p><p>a. Performed in buildings or locations within the facility that are no closer than 300 feet from any building, structure, or area not within the facility if such building, structure, or area is regularly occupied by the public. The conditions in this subdivision may be waived or reduced by the Department, in consultation with the Department of Agriculture and Consumer Services;</p><p>b. Performed in buildings or containers that are sealed during fumigation and that voluntarily employ capture and control technologies for the fumigant emissions; or</p><p>c. Monitored utilizing equipment and methods recognized by the National Institute for Occupational Safety and Health, or other equipment and methods widely accepted as an industry standard, to ensure the applicable fumigant airborne concentrations referenced in the permissible exposure limits established by the Department of Labor and Industry or the parts per million standard stipulated in the federally approved pesticide labeling, whichever is more stringent, is not exceeded at the fence or property line during active fumigation and fumigation aeration.</p><p>B. The operator of a qualified fumigation facility shall provide to the Department, by first-class mail, facsimile, or electronic mail:</p><p>1. A written notice prior to conducting fumigation activity at the facility that shall include:</p><p>a. Exact physical location at the facility of the particular fumigation operation and distance from any building, structure, or other area regularly occupied by the public;</p><p>b. Object being fumigated (e.g. rail car, truck container, warehouse, bin, storage silo, open pallet of product);</p><p>c. Product being fumigated;</p><p>d. Number of objects and quantity of product being fumigated;</p><p>e. Containment system (e.g. tarp, sealed container);</p><p>f. Fumigant to be used;</p><p>g. Expected quantity of fumigant to be used;</p><p>h. Expected duration of fumigation;</p><p>i. Expected duration of aeration;</p><p>j. Material safety data sheet (MSDS) for fumigant; and</p><p>k. A brief description of capture and control device, if used pursuant to subdivision A 5 b.</p><p>2. A written report completed within four business days following the completion of the fumigation activity that shall include:</p><p>a. Total quantity of fumigant actually used;</p><p>b. Actual duration of aeration; and</p><p>c. Monitoring results for fumigation operations conducted pursuant to subdivision A 5 c.</p><p>C. Prior to the application of fumigant at the site, a facility shall post visible and legible signs at the facility fence or property line closest to any public right-of-way. The signs shall remain in place until completion of the aeration process and shall conform to the format for placards mandated by the federally approved fumigant label.</p><p>D. In-transit fumigations where the planned aeration is scheduled to occur outside of the Commonwealth are not subject to Board regulations.</p><p>2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0393'>393</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1308.01/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1308.1
|
10.1-1308.1
|
Streamlined permitting process for qualified energy generators
|
<p>A. As used in this section:</p><p>"Biomass" means organic material that is available on a renewable or recurring basis, including:</p><p>1. Forest-related materials, including mill residues, logging residues, forest thinnings, slash, brush, low-commercial value materials or undesirable species, and woody material harvested for the purpose of forest fire fuel reduction or forest health and watershed improvement;</p><p>2. Agricultural-related materials, including orchard trees, vineyard, grain or crop residues, including straws, aquatic plants and agricultural processed co-products and waste products, including fats, oils, greases, whey, and lactose;</p><p>3. Animal waste, including manure and slaughterhouse and other processing waste;</p><p>4. Solid woody waste materials, including landscape trimmings, waste pallets, crates and manufacturing, construction, and demolition wood wastes, excluding pressure-treated, chemically treated or painted wood wastes and wood contaminated with plastic;</p><p>5. Crops and trees planted for the purpose of being used to produce energy;</p><p>6. Landfill gas, wastewater treatment gas, and biosolids, including organic waste byproducts generated during the wastewater treatment process; and</p><p>7. Municipal solid waste, excluding tires and medical and hazardous waste.</p><p>"Expedited process" means a process that (i) requires the applicant to pay fees to the Commonwealth in connection with the issuance and processing of the permit application that do not exceed $50 and (ii) has a duration, from receipt of a complete permit application until final action by the Department on the application, not longer than 60 days.</p><p>"Qualified energy generator" means a commercial facility located in the Commonwealth with the capacity annually to generate no more than five megawatts of electricity, or produce the equivalent amount of energy in the form of fuel, steam, or other energy product, that is generated or produced from biomass, and that is sold to an unrelated person or used in a manufacturing process.</p><p>B. The Department shall develop an expedited process for issuing any permit that it is required to issue for the construction or operation of a qualified energy generator. The development of the expedited permitting process shall be in accordance with subdivision A 8 of § <a href='/vacode/2.2-4006/'>2.2-4006</a>; however, if the construction or operation of a qualified energy generator is subject to a major new source review program required by § 110(a)(2)(C) of the federal Clean Air Act, this section shall not apply.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0258'>258</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0065'>65</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1308.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1309
|
10.1-1309
|
Issuance of special orders; civil penalties
|
<p>A. The Department shall have the power to issue special orders to:</p><p>(i) owners who are permitting or causing air pollution as defined by § <a href='/vacode/10.1-1300/'>10.1-1300</a>, to cease and desist from such pollution;</p><p>(ii) owners who have failed to construct facilities in accordance with or have failed to comply with plans for the control of air pollution submitted by them to and approved by the Department, to construct such facilities in accordance with or otherwise comply with, such approved plans;</p><p>(iii) owners who have violated or failed to comply with the terms and provisions of any Department order or directive to comply with such terms and provisions;</p><p>(iv) owners who have contravened duly adopted and promulgated air quality standards and policies, to cease such contravention and to comply with air quality standards and policies;</p><p>(v) require any owner to comply with the provisions of this chapter and any Department decision; and</p><p>(vi) require any person to pay civil penalties of up to $32,500 for each violation, not to exceed $100,000 per order, if (a) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Director, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with subsection B. The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Department shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subsection. Penalties shall be paid to the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ <a href='/vacode/10.1-2500/'>10.1-2500</a> et seq.). The issuance of a notice of alleged violation by the Department shall not be considered a case decision as defined in § <a href='/vacode/2.2-4001/'>2.2-4001</a>. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact finding from the Department on whether or not a violation has occurred, and nothing in this section shall preclude an owner from seeking such a determination.</p><p>B. Such special orders are to be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § <a href='/vacode/2.2-4020/'>2.2-4020</a> with reasonable notice to the affected owners of the time, place and purpose thereof, and they shall become effective not less than five days after service as provided in subsection C below. Should the Department find that any such owner is unreasonably affecting the public health, safety or welfare, or the health of animal or plant life, or property, after a reasonable attempt to give notice, it shall declare a state of emergency and may issue without hearing an emergency special order directing the owner to cease such pollution immediately, and shall within 10 days hold a hearing, after reasonable notice as to the time and place thereof to the owner, to affirm, modify, amend or cancel such emergency special order. If the Department finds that an owner who has been issued a special order or an emergency special order is not complying with the terms thereof, it may proceed in accordance with § <a href='/vacode/10.1-1316/'>10.1-1316</a> or <a href='/vacode/10.1-1320/'>10.1-1320</a>.</p><p>C. Any special order issued under the provisions of this section need not be filed with the Secretary of the Commonwealth, but the owner to whom such special order is directed shall be notified by certified mail, return receipt requested, sent to the last known address of such owner, or by personal delivery by an agent of the Department, and the time limits specified shall be counted from the date of receipt.</p><p>D. Nothing in this section or in § <a href='/vacode/10.1-1307/'>10.1-1307</a> shall limit the Department's authority to proceed against such owner directly under § <a href='/vacode/10.1-1316/'>10.1-1316</a> or <a href='/vacode/10.1-1320/'>10.1-1320</a> without the prior issuance of an order, special or otherwise.</p><p>1971, Ex. Sess., c. 91, § 10-17.18:1; 1973, c. 251; 1988, c. 891; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0706'>706</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1309/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1309.1
|
10.1-1309.1
|
Special orders; penalties
|
<p>The Department is authorized to issue special orders in compliance with the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.) requiring that an owner file with the Department a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such source ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the establishment of an escrow account, the creation of a trust fund to be maintained within the Department, submission of a bond, corporate guarantee based on audited financial statements, or such other instruments as the Department may deem appropriate. The Department may require that such plan and instruments be updated as appropriate. The Department shall give due consideration to any plan submitted by the owner in accordance with §§ <a href='/vacode/10.1-1410/'>10.1-1410</a>, <a href='/vacode/10.1-1428/'>10.1-1428</a>, and <a href='/vacode/62.1-44.15:1.1/'>62.1-44.15:1.1</a>, in determining the necessity for and suitability of any plan submitted under this section.</p><p>For the purposes of this section, "ceases operation" means to cease conducting the normal operation of a source which is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the source. The term shall not include the sale or transfer of a source in the ordinary course of business or a permit transfer in accordance with Board regulations.</p><p>Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.</p><p>Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.</p><p>1991, c. 702; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1309.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1310
|
10.1-1310
|
Decision of Department pursuant to hearing
|
<p>Any decision by the Department rendered pursuant to hearings under § <a href='/vacode/10.1-1309/'>10.1-1309</a> shall be reduced to writing and shall contain the explicit findings of fact and conclusions of law upon which the Department's decision is based. Certified copies of the written decision shall be delivered or mailed by certified mail to the parties affected by it. Failure to comply with the provisions of this section shall render such decision invalid.</p><p>1971, Ex. Sess., c. 91, § 10-17.18:2; 1973, c. 251; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1310/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1310.1
|
10.1-1310.1
|
Notification of local government
|
<p>Upon determining that there has been a violation of this chapter or any regulation promulgated under this chapter or order of the Department, and such violation poses an imminent threat to the health, safety or welfare of the public, the Director shall immediately notify the chief administrative officer of any potentially affected local government. Neither the Director, the Commonwealth, nor any employee of the Commonwealth shall be liable for a failure to provide, or a delay in providing, the notification required by this section.</p><p>1988, cc. 434, 891; 1990, c. 238; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1310.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1311
|
10.1-1311
|
Penalties for noncompliance; judicial review
|
<p>A. The Board is authorized to promulgate regulations providing for the determination of a formula for the basis of the amount of any noncompliance penalty to be assessed by a court pursuant to subsection B hereof, in conformance with the requirements of § 120 of the federal Clean Air Act, as amended, and any regulations promulgated thereunder. Any regulations promulgated pursuant to this section shall be in accordance with the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>B. Upon a determination of the amount by the Department, the Department shall petition the circuit court of the county or city wherein the owner subject to such noncompliance assessment resides, regularly or systematically conducts affairs or business activities, or where such owner's property affected by the administrative action is located for an order requiring payment of a noncompliance penalty in a sum the court deems appropriate.</p><p>C. Any order issued by a court pursuant to this section may be enforced as a judgment of the court. All sums collected, less the assessment and collection costs, shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ <a href='/vacode/10.1-2500/'>10.1-2500</a> et seq.) of this title.</p><p>D. Any penalty assessed under this section shall be in addition to permits, fees, orders, payments, sanctions, or other requirements under this chapter, and shall in no way affect any civil or criminal enforcement proceedings brought under other provisions of this chapter.</p><p>1979, c. 65, § 10-17.18:3; 1988, c. 891; 1991, c. 718; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1311/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1312
|
10.1-1312
|
Air pollution control districts
|
<p>A. The Department may create, within any area of the Commonwealth, local air pollution control districts comprising a city or county or a part or parts of each, or two or more cities or counties, or any combination or parts thereof. Such local districts may be established by the Department on its own motion or upon request of the governing body or bodies of the area involved.</p><p>B. In each district there shall be a local air pollution control committee, the members of which shall be appointed by the Department from lists of recommended nominees submitted by the respective governing bodies of each locality, all or a portion of which are included in the district. The number of members on each committee shall be in the discretion of the Department. When a district includes two or more localities or portions thereof, the Department shall apportion the membership of the committee among the localities, provided that each locality shall have at least one representative on the committee. The members shall not be compensated out of state funds, but may be reimbursed for expenses out of state funds. Localities may provide for the payment of compensation and reimbursement of expenses to the members and may appropriate funds therefore. The portion of such payment to be borne by each locality shall be prescribed by agreement.</p><p>C. The local committee is empowered to observe compliance with the regulations of the Board and report instances of noncompliance to the Department, to conduct educational programs relating to air pollution and its effects, to assist the Department in its air monitoring programs, to initiate and make studies relating to air pollution and its effects, and to make recommendations to the Department.</p><p>D. The governing body of any locality, wholly or partially included within any such district, may appropriate funds for use by the local committee in air pollution control and studies.</p><p>1966, c. 497, § 10-17.19; 1969, Ex. Sess., c. 8; 1972, c. 781; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1312/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1313
|
10.1-1313
|
State Advisory Board on Air Pollution
|
<p>The Department is authorized to name qualified persons to a State Advisory Board on Air Pollution.</p><p>1966, c. 497, § 10-17.20; 1985, c. 448; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1313/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1314
|
10.1-1314
|
Owners to furnish plans, specifications and information
|
<p>Every owner which the Department has reason to believe is causing, or may be about to cause, an air pollution problem shall on request of the Department furnish such plans, specifications and information as may be required by the Department in the discharge of its duties under this chapter. Any information, except emission data, as to secret processes, formulae or methods of manufacture or production shall not be disclosed in public hearing and shall be kept confidential. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person from whom such sample is requested.</p><p>1966, c. 497, § 10-17.21; 1968, c. 311; 1975, c. 126; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1314/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1314.1
|
10.1-1314.1
|
Protection of trade secrets
|
<p>Any information, except emissions data, reported to or otherwise obtained by the Director, the Board, or the agents or employees of either which contains or might reveal a trade secret shall be confidential and shall be limited to those persons who need such information for purposes of enforcement of this chapter or the federal Clean Air Act or regulations and orders of the Board. It shall be the duty of each owner to notify the Director or his representatives of the existence of trade secrets when he desires the protection provided herein.</p><p>1990, c. 238.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1314.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1315
|
10.1-1315
|
Right of entry
|
<p>Whenever it is necessary for the purposes of this chapter, the Department or any agent or employee thereof, when duly authorized by the Director, may at reasonable times enter any establishment or upon any property, public or private, to obtain information or conduct surveys or investigations.</p><p>1966, c. 497, § 10-17.22; 1988, c. 891; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1315/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1316
|
10.1-1316
|
Enforcement and civil penalties
|
<p>A. Any owner violating or failing, neglecting or refusing to obey any provision of this chapter, any Board regulation or Department order, or any permit condition may be compelled to comply by injunction, mandamus or other appropriate remedy.</p><p>B. Without limiting the remedies which may be obtained under subsection A, any owner violating or failing, neglecting or refusing to obey any Board regulation or Department order, any provision of this chapter, or any permit condition shall be subject, in the discretion of the court, to a civil penalty not to exceed $32,500 for each violation. Each day of violation shall constitute a separate offense. In determining the amount of any civil penalty to be assessed pursuant to this subsection, the court shall consider, in addition to such other factors as it may deem appropriate, the size of the owner's business, the severity of the economic impact of the penalty on the business, and the seriousness of the violation. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ <a href='/vacode/10.1-2500/'>10.1-2500</a> et seq.) of this title. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court may, by order, direct, except that where the owner in violation is the county, city or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.</p><p>C. With the consent of an owner who has violated or failed, neglected or refused to obey any Board regulation or Department order, or any provision of this chapter, or any permit condition, the Department may provide, in any order issued by the Department against the owner, for the payment of civil charges in specific sums, not to exceed the limit of subsection B. Such civil charges shall be in lieu of any civil penalty which could be imposed under subsection B. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.</p><p>D. The Department shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.</p><p>1966, c. 497, § 10-17.23; 1976, c. 622; 1978, c. 475; 1980, c. 378; 1988, c. 891; 1991, c. 718; 1993, c. 13; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0706'>706</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1316/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1316.1
|
10.1-1316.1
|
Severe ozone nonattainment areas; fees
|
<p>A. Except as provided in subsection C, any owner of a stationary source that emits or has the potential to emit 25 tons or more per year of volatile organic compounds or 25 tons or more of nitrogen oxides and is located in an area designated by the U.S. Environmental Protection Agency as a severe ozone nonattainment area shall pay a fee to the Department for deposit in the Vehicle Emissions Inspection Program Fund, established pursuant to § <a href='http://law.lis.virginia.gov/vacode/46.2-1182.2/'>46.2-1182.2</a> to be used for air quality evaluation and improvements, if the area fails to attain the ambient air quality standard for ozone by the applicable attainment date established pursuant to 42 U.S.C. §§ 7502 and 7511 of the Clean Air Act. Such fees shall be assessed for emissions in each calendar year beginning in the year after the attainment date and for each calendar year thereafter as set forth in this section and shall continue until the area is redesignated as an attainment area for the ozone standard.</p><p>B. The fee shall be determined in accordance with the following:</p><p>1. The fee shall equal $5,000, adjusted in accordance with subdivision B 3, per ton of volatile organic compounds or nitrogen oxides emitted by the stationary source during the previous calendar year in excess of 80 percent of the baseline amount, computed under subdivision B 2.</p><p>2. For purposes of this section, the baseline amount shall be the lower of (i) the amount of actual volatile organic compounds or nitrogen oxide emissions or (ii) the amount of volatile organic compounds or nitrogen oxide emissions allowed under the permit applicable to the stationary source during the attainment year, or, if no such permit has been issued for the attainment year, the amount of volatile organic compounds or nitrogen oxide emissions allowed under the applicable implementation plan during the attainment year. The Department may calculate the baseline amount over a period of more than one calendar year, provided such determination is consistent with federal requirements.</p><p>3. The fee amount under subdivision B 1 shall be adjusted each year beginning in 1991 by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. The Consumer Price Index for any calendar year is the average of the Consumer Price Index for all urban consumers published by the U.S. Department of Labor as of the close of the 12-month period ending on August 31 of each calendar year. The revision of the Consumer Price Index that is most consistent with the Consumer Price Index for the calendar year 1989 shall be used.</p><p>C. Notwithstanding any provision of this section, no owner shall be required to pay any fee under subsection A with respect to emissions during any year that is treated as an extension year under 42 U.S.C. § 7511 (a)(5) of the Clean Air Act and no owner shall be required to pay any fee under subsection A if such fees would not otherwise be imposed pursuant to 42 U.S.C. § 7511d.</p><p>D. Payment is due by August 31 of each year. The Department shall issue annual notices of the fees to owners on or before August 1 of each year. Each notice shall include a summary of the data on which the fee is based. The Board may establish additional procedures for the assessment and collection of such fees. The failure to pay within 90 days from the receipt of the notice shall be grounds to institute a collection action against the owner of the stationary source.</p><p>E. Fees collected pursuant to this section shall not supplant or reduce the general fund appropriation to the Department.</p><p>F. These fees shall be used to pay expenses related to air quality monitoring and evaluation in the Commonwealth and measures to improve air quality in areas designated by the U.S. Environmental Protection Agency as severe nonattainment areas. The fees that may be generated may be used for matching grants.</p><p>2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0408'>408</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
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https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1316.1/
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VA:Title-10.1-Chapter-13
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13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1317
|
10.1-1317
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Judicial review of regulations of Board
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<p>The validity of any regulation may be determined through judicial review in accordance with the provisions of the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>1971, Ex. Sess., c. 91, § 10-17.23:1; 1986, c. 615; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1317/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1318
|
10.1-1318
|
Appeal from decision of Department
|
<p>A. Any owner aggrieved by a final decision of the Department under § <a href='/vacode/10.1-1309/'>10.1-1309</a>, § <a href='/vacode/10.1-1322/'>10.1-1322</a> or subsection D of § <a href='/vacode/10.1-1307/'>10.1-1307</a> is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>B. 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 under § <a href='/vacode/10.1-1322/'>10.1-1322</a> and who has exhausted all available administrative remedies for review of the Department's decision, shall be entitled to judicial review of the Department's decision in accordance with the provisions of the Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of 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.</p><p>1971, Ex. Sess., c. 91, § 10-17.23:2; 1986, c. 615; 1988, c. 891; 1993, c. 997; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP1032'>1032</a>; 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1318/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1319
|
10.1-1319
|
Appeal to Court of Appeals
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<p>The Commonwealth or any party aggrieved by any final decision of the judge shall have, regardless of the amount involved, the right to appeal to the Court of Appeals. The procedure shall be the same as that provided by law concerning appeals and supersedeas.</p><p>1966, c. 497, § 10-17.28; 1984, c. 703; 1988, c. 891.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter13/section10.1-1319/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
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