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VA:10.1-1320
|
10.1-1320
|
Penalties; chapter not to affect right to relief or to maintain action
|
<p>Any owner knowingly violating any provision of this chapter, Board regulation, or Department order, or any permit condition shall upon conviction be guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 for each violation within the discretion of the court. Each day of violation shall constitute a separate offense.</p><p>Nothing in this chapter shall be construed to abridge, limit, impair, create, enlarge or otherwise affect substantively or procedurally the right of any person to damages or other relief on account of injury to persons or property.</p><p>1966, c. 497, § 10-17.29; 1972, c. 781; 1973, c. 251; 1988, c. 891; 1993, c. 13; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0135'>135</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/section10.1-1320/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1320.1
|
10.1-1320.1
|
Duty of attorney for the Commonwealth
|
<p>It shall be the duty of every attorney for the Commonwealth to whom the Director or his authorized representative has reported any violation of (i) this chapter, (ii) any regulation of the Board, or (iii) order of the Department, to cause proceedings to be prosecuted without delay for the fines and penalties in such cases.</p><p>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/section10.1-1320.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1321
|
10.1-1321
|
Local ordinances
|
<p>A. Existing local ordinances adopted prior to July 1, 1972, shall continue in force; however, in the event of a conflict between a Board regulation and a local ordinance adopted prior to July 1, 1972, the Board regulation shall govern, except when the conflicting local ordinance is more stringent.</p><p>B. The governing body of any locality proposing to adopt an ordinance, or an amendment to an existing ordinance, relating to air pollution after June 30, 1972, shall first obtain the approval of the Board as to the provisions of the ordinance or amendment. No ordinance or amendment, except an ordinance or amendment pertaining solely to open burning, shall be approved by the Board which regulates any emission source that is required to register with the Board or to obtain a permit pursuant to this chapter and the Board's regulations.</p><p>1966, c. 497, § 10-17.30; 1972, c. 781; 1988, c. 891; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0358'>358</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/section10.1-1321/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1321.1
|
10.1-1321.1
|
When application for permit considered complete
|
<p>A. No application for a permit for a new or major modified stationary air pollution source shall be considered complete unless the applicant has provided the Director with notification from the governing body of the county, city, or town in which the source is to be located that the location and operation of the source are consistent with all ordinances adopted pursuant to Chapter 22 (§ <a href='http://law.lis.virginia.gov/vacode/15.2-2200/'>15.2-2200</a> et seq.) of Title 15.2.</p><p>B. The governing body shall inform in writing the applicant and the Department of the source's compliance or noncompliance not more than forty-five days from receipt by the chief executive officer, or his agent, of a request from the applicant.</p><p>C. Should the governing body fail to provide written notification as specified in subsection B of this section, the requirement for such notification as specified in subsection A of this section is waived.</p><p>D. The provisions of this section shall apply only to applications received after July 1, 1990.</p><p>1990, c. 235; 1993, c. 739.</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/section10.1-1321.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322
|
10.1-1322
|
Permits
|
<p>A. Pursuant to regulations adopted by the Board, permits may be issued, amended, revoked or terminated and reissued by the Department and may be enforced under the provisions of this chapter in the same manner as regulations and orders. Failure to comply with any condition of a permit shall be considered a violation of this chapter and investigations and enforcement actions may be pursued in the same manner as is done with regulations of the Board and orders of the Department under the provisions of this chapter. To the extent allowed by federal law, any person holding a permit who is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, will reduce the emissions of regulated air pollutants, and meets the requirements of Best Available Control Technology shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subsection to the Department no later than 30 days prior to commencing construction.</p><p>B. The Board by regulation may prescribe and provide for the payment and collection of annual permit program fees for air pollution sources. Annual permit program fees shall not be collected until (i) the federal Environmental Protection Agency approves the Board's operating permit program established pursuant to Title V of the federal Clean Air Act or (ii) the Governor determines that such fees are needed earlier to maintain primacy over the program. The annual fees shall be based on the actual emissions (as calculated or estimated) of each regulated pollutant, as defined in § 502 of the federal Clean Air Act, in tons per year, not to exceed 4,000 tons per year of each pollutant for each source. The annual permit program fees shall not exceed a base year amount of $25 per ton using 1990 as the base year, and shall be adjusted annually by the Consumer Price Index as described in § 502 of the federal Clean Air Act. Permit program fees for air pollution sources who receive state operating permits in lieu of Title V operating permits shall be paid in the first year and thereafter shall be paid biennially. The fees shall approximate the direct and indirect costs of administering and enforcing the permit program, and of administering the small business stationary source technical and environmental compliance assistance program as required by the federal Clean Air Act. The Board shall promulgate regulations establishing permit application fee amounts not to exceed $30,000 from applicants for a permit for a new major stationary source. The permit application fee amount paid shall be credited towards the amount of annual fees owed pursuant to this section during the first two years of the source's operation. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.</p><p>C. When adopting regulations for permit program fees for air pollution sources, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industry in the Commonwealth at a competitive disadvantage.</p><p>D. On or before January 1 of every even-numbered year, the Department shall make an evaluation of the implementation of the permit fee program and provide this evaluation in writing to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, and the House Committee on Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.</p><p>E. To the extent allowed by federal law and regulations, priority for utilization of permit fees shall be given to cover the costs of processing permit applications in order to more efficiently issue permits.</p><p>F. Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department.</p><p>G. The permit fees shall apply to permit programs in existence on July 1, 1992, any additional permit programs that may be required by the federal government and administered by the Department, or any new permit program required by the Code of Virginia.</p><p>H. The permit program fee regulations promulgated pursuant to this section shall not become effective until July 1, 1993.</p><p>I. [Expired.]</p><p>1978, c. 818, § 10-17.30:1; 1988, c. 891; 1992, c. 488; 1993, c. 711; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0227'>227</a>; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0158'>158</a>; 2004, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0249'>249</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0324'>324</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0633'>633</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>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0581'>581</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/section10.1-1322/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.01
|
10.1-1322.01
|
Repealed
|
<p>Repealed by Acts 2022, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0356'>356</a>, cl. 2.</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/section10.1-1322.01/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.1
|
10.1-1322.1
|
Air Pollution Permit Program Fund established; use of moneys
|
<p>A. Notwithstanding the provisions of § <a href='http://law.lis.virginia.gov/vacode/2.2-1802/'>2.2-1802</a>, all moneys collected pursuant to §§ <a href='http://law.lis.virginia.gov/vacode/10.1-1322/'>10.1-1322</a> and <a href='http://law.lis.virginia.gov/vacode/10.1-1322.2/'>10.1-1322.2</a> shall be paid into the state treasury and credited to a special nonreverting fund known as the Air Pollution Permit Program Fund, which is hereby established.</p><p>B. 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.</p><p>C. The Department of Air Pollution Control is authorized and empowered to release moneys from the Fund, on warrants issued by the State Comptroller, for the purposes of carrying out the provisions of this chapter under the direction of the Executive Director.</p><p>D. An accounting of moneys received by and distributed from the permit fund shall be kept by the Comptroller and furnished upon request to the Governor or the General Assembly.</p><p>1992, c. 488.</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/section10.1-1322.1/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.2
|
10.1-1322.2
|
Preliminary program permit fees
|
<p>A. Prior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1322/'>10.1-1322</a>, the owners of sources of air pollution which are registered by the Department in accordance with the regulations of the Board are assessed preliminary program permit fees on an annual basis in accordance with subsection C of this section. These fees shall be deposited in the Air Pollution Permit Program Fund established by § <a href='http://law.lis.virginia.gov/vacode/10.1-1322.1/'>10.1-1322.1</a>. The Department shall issue annual notices of the fees to owners of registered sources on or before August 1 of each fiscal year. Each notice of a fee shall include a summary of the data on which the fee is based. Fees shall be payable thirty days after receipt of notice. Failure to make timely payment within ninety days shall be grounds to institute a collection action against the owner of the registered source by the Attorney General.</p><p>B. The provisions of this section shall be applicable to all owners in cases where the aggregate of all pollutants emitted (as calculated or estimated) by all sources owned or controlled by the same owner, or by any entity controlling, controlled by, or under common control with such owner, are greater than 500 tons per year. Any individual stationary source with actual emissions (as calculated or estimated) of less than 100 tons per year shall not be subject to a fee under subsection C of this section. Determination of the tons per year of air pollution shall be based on all actual pollutants emitted during the prior calendar year.</p><p>C. The Department shall assess preliminary program permit fees uniformly, based on the aggregate of all pollutants emitted (as calculated or estimated) during the calendar year immediately preceding the fiscal year, in an amount calculated to produce revenue totaling $3.1 million. In no instance shall a preliminary fee assessed in any calendar year exceed $100,000 per source. The establishment of a fee schedule under this subsection shall be exempt from the provisions of Article 2 (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4006/'>2.2-4006</a> et seq.) of Chapter 40 of Title 2.2.</p><p>D. Notices of preliminary program permit fees shall not be issued for any fiscal year in which the fees for the operating permit program are in effect in accordance with regulations adopted pursuant to subsection B of § <a href='http://law.lis.virginia.gov/vacode/10.1-1322/'>10.1-1322</a>. Should a permit program fee become due and payable during a fiscal year when the owner has paid a preliminary program permit fee, the permit program fee shall be reduced in an amount equal to the pro rata share of the preliminary program permit fee for the months remaining in the fiscal year. The pro rata share is determined by dividing the fee into twelve equal parts and multiplying that sum by the number of months remaining in the fiscal year.</p><p>E. Utilization of the fees collected pursuant to this section shall be limited to the agency's direct and indirect costs of processing permits in order to more efficiently issue permits and to prepare for and begin implementation of the federal Clean Air Act requirements. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.</p><p>F. Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department.</p><p>1992, c. 488.</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/section10.1-1322.2/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.3
|
10.1-1322.3
|
Emissions trading programs; emissions credits; Board to promulgate regulations
|
<p>In accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1308/'>10.1-1308</a>, the Board may promulgate regulations to provide for emissions trading programs to achieve and maintain the National Ambient Air Quality Standards established by the United States Environmental Protection Agency, under the federal Clean Air Act. The regulations shall create an air emissions banking and trading program for the Commonwealth, to the extent not prohibited by federal law, that results in net air emission reductions, creates an economic incentive for reducing air emissions, and allows for continued economic growth through a program of banking and trading credits or allowances. The regulations applicable to the electric power industry shall foster competition in the electric power industry, encourage construction of clean, new generating facilities, provide without charge new source set-asides of five percent for the first five plan years and two percent per year thereafter, and provide an initial allocation period of five years. In promulgating such regulations the Board shall consider, but not be limited to, the inclusion of provisions concerning (i) the definition and use of emissions reduction credits or allowances from mobile and stationary sources, (ii) the role of offsets in emissions trading, (iii) interstate or regional emissions trading, (iv) the mechanisms needed to facilitate emissions trading and banking, and (v) the role of emissions allocations in emissions trading. No regulations shall prohibit the direct trading of air emissions credits or allowances between private industries, provided such trades do not adversely impact air quality in Virginia.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0204'>204</a>; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP1022'>1022</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0580'>580</a>; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0334'>334</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/section10.1-1322.3/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.4
|
10.1-1322.4
|
Permit modifications for alternative fuels or raw materials
|
<p>Unless required by federal law or regulation, no additional permit or permit modifications shall be required for the use, by any source, of an alternative fuel or raw material, if the owner demonstrates that as a result of trial burns at his facility or other facilities or other sufficient data that the emissions resulting from the use of the alternative fuel or raw material supply are decreased. To the extent allowed by federal law or regulation, no demonstration shall be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire industrial boilers.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0717'>717</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0282'>282</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/section10.1-1322.4/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1322.5
|
10.1-1322.5
|
Virginia Electric Vehicle Grant Fund and Program; report
|
<p>A. As used in this section:</p><p>"Department" means the Department of Environmental Quality.</p><p>"Electric school bus" means a school bus that is propelled to a significant extent by an electric motor that draws electricity from a battery and is capable of being recharged from an external source of electricity.</p><p>"Fund" means the Virginia Electric Vehicle Grant Fund established in subsection B.</p><p>"Fund and Program project" means all or any part of projects pursued for the Fund and Program that are necessary and desirable for (i) reducing air pollution in order to protect the health of Virginians; (ii) increasing the number and use of electric school buses in Virginia; (iii) replacing commercial vehicles or heavy equipment in Virginia that use fossil fuels with electric vehicles or equivalents that reduce air emissions; (iv) ensuring a broad geographic distribution of grant awards; and (v) creating employment opportunities for Virginians.</p><p>"Program" means the Virginia Electric Vehicle Grant Program established pursuant to subsection C.</p><p>"School bus" has the same meaning as the term "schoolbus" as defined in 49 U.S.C. § 30125, and its successor amendments.</p><p>B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Electric Vehicle Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, and any gifts, donations, grants, bequests, and other funds received on its behalf, 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 of (i) awarding grants on a competitive basis through the Program established pursuant to subsection C or (ii) implementing and administering the Program. Moneys used for implementing and administering the Fund and Program shall be limited to amounts necessary to implement the Fund and Program. 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.</p><p>C. The Virginia Electric Vehicle Grant Program is hereby established for the purpose of awarding grants on a competitive basis to Fund and Program projects pursuant to subsection D from such funds as may be available from the Fund. The Department shall oversee each grant awarded through the Program and ensure thorough annual reporting on each such grant. The Program shall be administered by the Department. In administering the Program, the Department shall consult with other departments and stakeholders described in subsection E to publish guidelines and criteria for grant awards, including guidelines and criteria governing agreements between the Department and grant recipients.</p><p>D. Grants shall be awarded for Fund and Program projects that meet these criteria, and, to the extent practicable, shall follow this order of priority: (i) Fund and Program projects by public school divisions (a) to cover the costs, in whole or in part, associated with replacing existing diesel school buses that they operate with electric school buses that reduce air emissions; (b) to implement recharging infrastructure or other infrastructure needed to charge or maintain such electric school buses; and (c) to train workers according to labor standards to be developed by the Department to support the maintenance, charging, and operations of such electric school buses and (ii) Fund and Program projects by public, private, or nonprofit entities in Virginia (a) to assist with replacing commercial motor vehicles, heavy equipment, or other machinery owned and operated by the entities that are used in Virginia that rely on diesel fuels with electric vehicles or equivalent equipment that reduce air emissions and (b) to implement recharging infrastructure or other infrastructure needed to charge or maintain such electric vehicles or equivalent equipment.</p><p>E. The Department shall consult with the Department of Energy, the Department of Transportation, the Department of Education, and other agencies of the Commonwealth, as well as organizations with expertise in the climate and public health, and other interested stakeholders, to adopt necessary policies and procedures for administering the Fund and Program and for determining eligibility, qualifications, terms, conditions, and other requirements for Fund and Program projects. The criteria for prioritizing Fund and Program projects by public school divisions shall take into consideration geographic areas with high asthma rates, lowest measured air quality, and level of air emission from existing school buses.</p><p>F. Notwithstanding any provision to the contrary, in no event shall any allocation of funds be made to the Fund or the Program unless federal funds or nonstate funds are available to cover the entire cost of such allocation.</p><p>G. The Department shall submit an annual report to the General Assembly regarding administration of the Fund and Program for the preceding fiscal year. The report shall include the number of grants awarded, the number of vehicles or equipment replaced, the number of jobs supported, and, to the extent available, the general environmental or health impact of the Fund and Program. The report shall be furnished to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations no later than November 1 of each year. However, no annual report shall be required if the Fund and Program do not receive funding.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0418'>418</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/section10.1-1322.5/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1323
|
10.1-1323
|
Small business stationary source technical and environmental compliance assistance program
|
<p>A. There is hereby created within the Department a small business stationary source technical and environmental compliance assistance program to facilitate compliance by small business stationary sources with the provisions of the federal Clean Air Act. The program shall be administered by the Department.</p><p>B. Except as provided in subsections C and D of this section, any stationary source is eligible for the program that:</p><p>1. Is owned or operated by a person that employs 100 or fewer individuals;</p><p>2. Is a small business concern as defined in the federal Small Business Act;</p><p>3. Is not a major stationary source;</p><p>4. Does not emit fifty tons or more per year of any regulated pollutant; and</p><p>5. Emits less than seventy-five tons per year of all regulated pollutants.</p><p>C. Upon petition by a source owner, the Board may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this section any stationary source which does not meet the criteria of subdivision B 3, B 4 or B 5 of this section but which does not emit more than 100 tons per year of all regulated pollutants.</p><p>D. The Board, in consultation with the Administrator of the United States Environmental Protection Agency and the Administrator of the United States Small Business Administration and after providing notice and opportunity for public hearing, may exclude as a small business stationary source for purposes of this article any category or subcategory of sources that the Board determines to have sufficient technical and financial capabilities to meet the requirements of the federal Clean Air Act without the application of this section.</p><p>1992, c. 303.</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/section10.1-1323/
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VA:Title-10.1-Chapter-13
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13
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AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1324
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10.1-1324
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Office of Small Business Ombudsman created
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<p>An Office of Small Business Ombudsman is hereby created within the Department. The Office shall be headed by an ombudsman appointed by the Executive Director. The Small Business Ombudsman shall provide direct oversight of the small business stationary source technical and environmental compliance assistance program.</p><p>1992, c. 303.</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/section10.1-1324/
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VA:Title-10.1-Chapter-13
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13
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AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1325
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10.1-1325
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Small Business Environmental Compliance Advisory Panel created; membership; terms; compensation and expenses
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<p>The Small Business Environmental Compliance Advisory Panel (the Panel) is hereby established as an advisory panel in the executive branch of state government. It shall be composed of seven members appointed for four years or until their successors have been appointed. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. Appointments shall be made in compliance with the Clean Air Act pursuant to 42 U.S.C. § 7661f, as amended, as follows:</p><p>1. Two members, who are not owners, or representatives of owners, of small business stationary sources, appointed by the Governor to represent the general public;</p><p>2. Two members appointed by the House of Delegates who are owners, or who represent owners, of small business stationary sources (one member each by the Speaker of the House of Delegates and Minority Leader of the House of Delegates);</p><p>3. Two members appointed by the Senate who are owners, or who represent owners, of small business stationary sources (one member each by the Majority and Minority Leaders of the Senate); and</p><p>4. One member appointed by the Executive Director.</p><p>Members of Panel shall receive no compensation for their service, but shall be entitled to reimbursement for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§ <a href='http://law.lis.virginia.gov/vacode/2.2-2813/'>2.2-2813</a> and <a href='http://law.lis.virginia.gov/vacode/2.2-2825/'>2.2-2825</a>. The costs of expenses of the members shall be paid from such funds as may be available under Subchapter V (42 U.S.C. § 7661 et seq.) of the Clean Air Act, as amended.</p><p>1992, c. 303; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP1000'>1000</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/section10.1-1325/
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VA:Title-10.1-Chapter-13
|
13
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AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1326
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10.1-1326
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Duties of the Advisory Board
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<p>The Small Business Environmental Compliance Advisory Board shall:</p><p>1. Render advisory opinions concerning the effectiveness of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, difficulties encountered, and degree and severity of enforcement;</p><p>2. Make periodic reports to the General Assembly and the Administrator of the U.S. Environmental Protection Agency concerning the compliance of the State Small Business Stationary Source Technical and Environmental Compliance Assistance Program with the requirements of the federal Paperwork Reduction Act, the federal Regulatory Flexibility Act, and the federal Equal Access to Justice Act;</p><p>3. Review information for small business stationary sources to ensure that such information is understandable by the layperson; and</p><p>4. Develop and disseminate reports and advisory opinions through the Office of Small Business Ombudsman.</p><p>1992, c. 303.</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/section10.1-1326/
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VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1327
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10.1-1327
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Repealed
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<p>Repealed by Acts 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0291'>291</a>, cl. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0001'>1</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/section10.1-1327/
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VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1329
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10.1-1329
|
Definitions
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<p>As used in this article, unless the context requires a different meaning:</p><p>"Allowance" means an authorization to emit a fixed amount of carbon dioxide.</p><p>"Allowance auction" means an auction in which the Department or its agent offers allowances for sale.</p><p>"DHCD" means the Department of Housing and Community Development.</p><p>"DOE" means the Department of Energy.</p><p>"Energy efficiency program" has the same meaning as provided in § <a href='/vacode/56-576/'>56-576</a>.</p><p>"Fund" means the Virginia Community Flood Preparedness Fund created pursuant to § <a href='/vacode/10.1-603.25/'>10.1-603.25</a>.</p><p>"Housing development" means the same as that term is defined in § <a href='/vacode/36-141/'>36-141</a>.</p><p>"Regional Greenhouse Gas Initiative" or "RGGI" means the program to implement the memorandum of understanding between signatory states dated December 20, 2005, and as may be amended, and the corresponding model rule that established a regional carbon dioxide electric power sector cap and trade program.</p><p>"Secretary" means the Secretary of Natural and Historic Resources.</p><p>2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1219'>1219</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1280'>1280</a>; 2021, Sp. Sess. I, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</a>, <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/chapter13/section10.1-1329/
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VA:Title-10.1-Chapter-13
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13
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AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1330
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10.1-1330
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Clean Energy and Community Flood Preparedness
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<p>A. The provisions of this article shall be incorporated by the Department, without further action by the Board, into the final regulation adopted by the Board on April 19, 2019, and published in the Virginia Register on May 27, 2019. Such incorporation by the Department shall be exempt from the provisions of the Virginia Administrative Process Act (§ <a href='/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>B. The Director is hereby authorized to establish, implement, and manage an auction program to sell allowances into a market-based trading program consistent with the RGGI program and this article. The Director shall seek to sell 100 percent of all allowances issued each year through the allowance auction, unless the Department finds that doing so will have a negative impact on the value of allowances and result in a net loss of consumer benefit or is otherwise inconsistent with the RGGI program.</p><p>C. To the extent permitted by Article X, Section 7 of the Constitution of Virginia, the state treasury shall (i) hold the proceeds recovered from the allowance auction in an interest-bearing account with all interest directed to the account to carry out the purposes of this article and (ii) use the proceeds without further appropriation for the following purposes:</p><p>1. Forty-five percent of the revenue shall be credited to the account established pursuant to the Fund for the purpose of assisting localities and their residents affected by recurrent flooding, sea level rise, and flooding from severe weather events.</p><p>2. Fifty percent of the revenue shall be credited to an account administered by DHCD to support low-income energy efficiency programs, including programs for eligible housing developments. DHCD shall review and approve funding proposals for such energy efficiency programs, and DOE shall provide technical assistance upon request. Any sums remaining within the account administered by DHCD, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in such account to support low-income energy efficiency programs.</p><p>3. Three percent of the revenue shall be used to (i) cover reasonable administrative expenses of the Department in the administration of the revenue allocation, carbon dioxide emissions cap and trade program, and auction and (ii) carry out statewide climate change planning and mitigation activities.</p><p>4. Two percent of the revenue shall be used by DHCD, in partnership with DOE, to administer and implement low-income energy efficiency programs pursuant to subdivision 2.</p><p>D. The Department, the Department of Conservation and Recreation, DHCD, and DOE shall prepare a joint annual written report describing the Commonwealth's participation in RGGI, the annual reduction in greenhouse gas emissions, the revenues collected and deposited in the interest-bearing account maintained by the Department pursuant to this article, and a description of each way in which money was expended during the fiscal year. The report shall be submitted to the Governor and General Assembly by January 1, 2022, and annually thereafter.</p><p>2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1219'>1219</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1280'>1280</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/chapter13/section10.1-1330/
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VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1331
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10.1-1331
|
Energy conversion or energy tolling agreements
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<p>If the Governor seeks to include the Commonwealth as a full participant in RGGI or another carbon trading program with an open auction of allowances, or if the Department implements the final carbon trading regulation as approved by the Board on April 19, 2019, (the Final Regulation) in order to establish a carbon dioxide cap and trade program that limits and reduces the total carbon dioxide emissions released by certain electric generation facilities and that complies with the RGGI model rule, then (i) the definition of the term "life-of-the-unit contractual arrangement" under the Final Regulation shall include any energy conversion or energy tolling agreement that has a primary term of 20 years or more and pursuant to which the purchaser is required to deliver fuel to the CO2 budget source or CO2 budget unit and is entitled to receive all of the nameplate capacity and associated energy generated by such source or unit for the entire contractual period and (ii) any purchaser under an energy conversion or energy tolling agreement shall be responsible for acquiring any CO2 allowances required under the Final Regulation in relation to a CO2 budget source or CO2 budget unit that is subject to such agreement.</p><p>2020, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1219'>1219</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP1280'>1280</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/section10.1-1331/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
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VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1332
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10.1-1332
|
Definitions
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<p>As used in this article, unless the context requires a different meaning:</p><p>"Center" means the Virginia Center for Coal and Energy Research.</p><p>"Clean coal project" means any project that uses any technology, including a technology applied at the precombustion, combustion, or postcombustion stage, at a new or existing facility that (i) will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, process steam, or industrial products and is not in widespread use or (ii) is otherwise defined as clean coal technology pursuant to 42 U.S.C. § 7651n.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0939'>939</a>, § 67-400; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0387'>387</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/section10.1-1332/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1333
|
10.1-1333
|
Permitting process for clean coal projects
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<p>To the extent authorized by federal law, the Department of Environmental Quality shall implement permit processes that facilitate the construction of clean coal projects in the Commonwealth by, among such other actions as it deems appropriate, giving priority to processing permit applications for clean coal projects.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0939'>939</a>, § 67-401; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?211+ful+CHAP0387'>387</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/chapter13/section10.1-1333/
|
VA:Title-10.1-Chapter-13
|
13
|
AIR POLLUTION CONTROL BOARD
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1400
|
10.1-1400
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Advanced recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, liquid fuels, waxes, lubricants, or other products through processes that include pyrolysis, gasification, depolymerization, reforming, hydrogenation, solvolysis, catalytic cracking, and similar processes. "Advanced recycling" produces recycled products, including monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, coatings, waxes, lubricants, and other basic hydrocarbons.</p><p>"Advanced recycling facility" means a facility that, using advanced recycling, receives, stores, and converts post-use polymers and recovered feedstocks that it receives. An "advanced recycling facility" shall be subject to all applicable federal and state environmental laws and regulations.</p><p>"Applicant" means any and all persons seeking or holding a permit required under this chapter.</p><p>"Board" means the Virginia Waste Management Board.</p><p>"Composting" means the manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition.</p><p>"Department" means the Department of Environmental Quality.</p><p>"Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including monomers and oligomers; raw, intermediate, or final products; plastics and chemical feedstocks; basic and unfinished chemicals; crude oil; naphtha; liquid transportation fuels; waxes; lubricants; coatings; and other products.</p><p>"Director" means the Director of the Department of Environmental Quality.</p><p>"Disclosure statement" means a sworn statement or affirmation, in such form as may be required by the Director, which includes:</p><p>1. The full name and business address of all key personnel;</p><p>2. The full name and business address of any entity, other than a natural person, that collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which any key personnel holds an equity interest of five percent or more;</p><p>3. A description of the business experience of all key personnel listed in the disclosure statement;</p><p>4. A listing of all permits or licenses required for the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste issued to or held by any key personnel within the past 10 years;</p><p>5. A listing and explanation of any notices of violation, prosecutions, administrative orders (whether by consent or otherwise), license or permit suspensions or revocations, or enforcement actions of any sort by any state, federal, or local authority, within the past 10 years, that are pending or have concluded with a finding of violation or entry of a consent agreement, regarding an allegation of civil or criminal violation of any law, regulation, or requirement relating to the collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste by any key personnel, and an itemized list of all convictions within 10 years of key personnel of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction: murder; kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft and related crimes; forgery and fraudulent practices; fraud in the offering, sale, or purchase of securities; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful possession or use of destructive devices or explosives; violation of the Drug Control Act (§ <a href='/vacode/54.1-3400/'>54.1-3400</a> et seq.); racketeering; or violation of antitrust laws;</p><p>6. A listing of all agencies outside the Commonwealth that have regulatory responsibility over the applicant or have issued any environmental permit or license to the applicant within the past 10 years, in connection with the applicant's collection, transportation, treatment, storage, or disposal of solid waste or hazardous waste;</p><p>7. Any other information about the applicant and the key personnel that the Director may require that reasonably relates to the qualifications and ability of the key personnel or the applicant to lawfully and competently operate a solid waste management facility in Virginia; and</p><p>8. The full name and business address of any member of the local governing body or planning commission in which the solid waste management facility is located or proposed to be located, who holds an equity interest in the facility.</p><p>"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.</p><p>"Equity" includes both legal and equitable interests.</p><p>"Federal acts" means any act of Congress providing for waste management and regulations promulgated thereunder.</p><p>"Gasification" means a manufacturing process through which recovered feedstocks are heated and converted in an oxygen-deficient atmosphere into a fuel and gas mixture that is then converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels.</p><p>"Hazardous material" means a substance or material in a form or quantity that may pose an unreasonable risk to health, safety, or property when transported, and which the U.S. Secretary of Transportation has so designated by regulation or order.</p><p>"Hazardous substance" means a substance listed under the federal Comprehensive Environmental Response Compensation and Liability Act, P.L. 96-510.</p><p>"Hazardous waste" means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:</p><p>1. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or</p><p>2. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.</p><p>"Hazardous waste generation" means the act or process of producing hazardous waste.</p><p>"Household hazardous waste" means any waste material derived from households (including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas) which, except for the fact that it is derived from a household, would be classified as a hazardous waste, including nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solvent-based paint, paint thinner, paint strippers, or other paint solvents; any product containing trichloroethylene, toxic art supplies, used motor oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition, fireworks, banned pesticides, or restricted-use pesticides as defined in § <a href='/vacode/3.2-3900/'>3.2-3900</a>. All empty household product containers and any household products in legal distribution, storage, or use shall not be considered household hazardous waste.</p><p>"Key personnel" means the applicant itself and any person employed by the applicant in a managerial capacity, or empowered to make discretionary decisions, with respect to the solid waste or hazardous waste operations of the applicant in Virginia, but does not include employees exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, or disposal of solid or hazardous waste and such other employees as the Director may designate by regulation. If the applicant has not previously conducted solid waste or hazardous waste operations in Virginia, "key personnel" also includes any officer, director, or partner of the applicant, or any holder of five percent or more of the equity or debt of the applicant. If any holder of five percent or more of the equity or debt of the applicant or of any key personnel is not a natural person, "key personnel" includes all key personnel of that entity, provided that where such entity is a chartered lending institution or a reporting company under the Federal Securities Exchange Act of 1934, "key personnel" does not include key personnel of such entity. Provided further that "key personnel" means the chief executive officer of any agency of the United States or of any agency or political subdivision of the Commonwealth and all key personnel of any person, other than a natural person, that operates a landfill or other facility for the disposal, treatment, or storage of nonhazardous solid waste under contract with or for one of those governmental entities.</p><p>"Manifest" means the form used for identifying the quantity, composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage of such hazardous waste.</p><p>"Mixed radioactive waste" means radioactive waste that contains a substance that renders the mixture a hazardous waste.</p><p>"Open dump" means a site on which any solid waste is placed, discharged, deposited, injected, dumped, or spilled so as to create a nuisance or present a threat of a release of harmful substances into the environment or present a hazard to human health.</p><p>"Person" includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity.</p><p>"Post-use polymer" means a plastic polymer that:</p><p>1. Is derived from any industrial, commercial, agricultural, or domestic activity.</p><p>2. Is processed at an advanced recycling facility or held at such facility prior to processing.</p><p>3. Is used or intended for use as a feedstock to manufacture crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products, using advanced recycling.</p><p>4. Is not mixed with solid waste or hazardous waste on site or during processing at the advanced recycling facility at which it is processed.</p><p>5. Has been sorted from solid waste and other regulated waste but may contain residual amounts of (i) solid wastes, such as organic material, and (ii) incidental contaminants or impurities, such as paper labels or metal rings.</p><p>"Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted to crude oil, diesel fuel, gasoline, home heating oil, ethanol, transportation fuel, other fuels, chemicals, waxes, lubricants, chemical feedstocks, diesel and gasoline blendstocks, or other valuable raw, intermediate, or final products that are returned to economic utility in the form of raw materials, products, or fuels.</p><p>"Radioactive waste" or "nuclear waste" includes:</p><p>1. "Low-level radioactive waste" material that:</p><p>a. Is not high-level radioactive waste, spent nuclear fuel, transuranic waste, or by-product material as defined in § 11(e)(2) of the Atomic Energy Act of 1954 (42 U.S.C. § 2014(e)(2)); and</p><p>b. The Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste; or</p><p>2. "High-level radioactive waste," which means:</p><p>a. The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and</p><p>b. Other highly radioactive material that the Nuclear Regulatory Commission, consistent with existing law, determines by rule requires permanent isolation.</p><p>"Recovered feedstock" means one or more of the following materials that has been processed so that it can be used as feedstock in an advanced recycling facility:</p><p>1. Post-use polymers.</p><p>2. Materials for which the U.S. Environmental Protection Agency has made a nonwaste determination under 40 C.F.R. § 241.3(c) or has otherwise determined are feedstocks and not solid waste.</p><p>“Recovered feedstock" does not include unprocessed municipal solid waste and is not mixed with solid waste or hazardous waste on site or during processing at an advanced recycling facility.</p><p>"Recycling residue" means the (i) nonmetallic substances, including plastic, rubber, and insulation, that remain after a shredder has separated for purposes of recycling the ferrous and nonferrous metal from a motor vehicle, appliance, or other discarded metallic item and (ii) organic waste remaining after removal of metals, glass, plastics, and paper that are to be recycled as part of a resource recovery process for municipal solid waste resulting in the production of a refuse derived fuel.</p><p>"Resource conservation" means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources.</p><p>"Resource recovery" means the recovery of material or energy from solid waste.</p><p>"Resource recovery system" means a solid waste management system that provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.</p><p>"Sanitary landfill" means a disposal facility for solid waste so located, designed, and operated that it does not pose a substantial present or potential hazard to human health or the environment, including pollution of air, land, surface water, or ground water.</p><p>"Sludge" means any solid, semisolid, or liquid wastes with similar characteristics and effects generated from a public, municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, air pollution control facility, or any other waste-producing facility.</p><p>"Solid waste" means any garbage, refuse, sludge, and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, commercial, mining, and agricultural operations, or community activities, but does not include (i) solid or dissolved material in domestic sewage; (ii) solid or dissolved material in irrigation return flows or in industrial discharges that are sources subject to a permit from the State Water Control Board; (iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act of 1954, as amended; or (iv) post-use polymers or recovered feedstocks that are (a) processed at an advanced recycling facility or (b) held at or held for the purpose of conversion at such advanced recycling facility prior to conversion.</p><p>"Solid waste management facility" means a site used for planned treating, long-term storage, or disposing of solid waste. A "solid waste management facility" may consist of several treatment, storage, or disposal units.</p><p>"Solvolysis" means a manufacturing process through which post-use polymers are purified with the aid of solvents, allowing additives and contaminants to be removed. The products of solvolysis are polymers capable of being recycled or reused without first being reverted to a monomer. "Solvolysis" includes hydrolysis, aminolysis, ammonolysis, methanolysis, and glycolysis.</p><p>"Transport" or "transportation" means any movement of property and any packing, loading, or unloading or storage incidental thereto.</p><p>"Treatment" means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume.</p><p>"Vegetative waste" means decomposable materials generated by yard and lawn care or land-clearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes such as shrub and tree prunings, bark, limbs, roots, and stumps.</p><p>"Waste" means any solid, hazardous, or radioactive waste as defined in this section.</p><p>"Waste management" means the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of waste or resource recovery. "Waste management" does not include pyrolysis, gasification, depolymerization, solvolysis, or any other advanced recycling process if the source materials used in such process are composed of post-use polymers or recovered feedstocks.</p><p>"Yard waste" means decomposable waste materials generated by yard and lawn care and includes leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. "Yard waste" does not include roots or stumps that exceed six inches in diameter.</p><p>1986, c. 492, §§ 10-264, 10-268; 1987, c. 120; 1988, cc. 117, 891; 1990, cc. 499, 781, 919; 1993, cc. 214, 215, 496; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0236'>236</a>; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0294'>294</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0569'>569</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0620'>620</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0027'>27</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0375'>375</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/chapter14/section10.1-1400/
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VA:Title-10.1-Chapter-14
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14
|
Virginia Waste Management 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:10.1-1400.1
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10.1-1400.1
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Certified mail; subsequent mail or notices may be sent by regular mail
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<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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1400.1/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1401
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10.1-1401
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Virginia Waste Management Board continued
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<p>A. The Virginia Waste Management Board shall consist of seven Virginia residents appointed by the Governor for terms of four years. 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 waste management and shall be fairly representative of agriculture, conservation, industry, and public health. Vacancies occurring other than by expiration of a term shall be filled by the Governor for the unexpired portion of the term.</p><p>B. The Board shall adopt rules and procedures for the conduct of its business.</p><p>C. The Board shall elect a chairman from among its members.</p><p>D. A quorum shall consist of four members. The decision of a majority of those present and voting shall constitute a decision of the Board; however, a vote of the majority of the Board membership is required to constitute a final decision on certification of site approval. Meetings may be held at any time or place determined by the Board or upon 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.</p><p>1986, c. 492, § 10-265; 1988, c. 891; 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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1401/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1402
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10.1-1402
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Powers and duties of the Board
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<p>The Board shall carry out the purposes and provisions of this chapter and compatible provisions of federal acts and is authorized to:</p><p>1. Supervise and control waste management activities in the Commonwealth.</p><p>2. Consult, advise and coordinate with the Governor, the Secretary, the General Assembly, and other state and federal agencies for the purpose of implementing this chapter and the federal acts.</p><p>3. Provide technical assistance and advice concerning all aspects of waste management.</p><p>4. Develop and keep current state waste management plans and provide technical assistance, advice and other aid for the development and implementation of local and regional waste management plans.</p><p>5. Promote the development of resource conservation and resource recovery systems and provide technical assistance and advice on resource conservation, resource recovery and resource recovery systems.</p><p>6. Collect data necessary to conduct the state waste programs, including data on the identification of and amounts of waste generated, transported, stored, treated or disposed, and resource recovery.</p><p>7. Require any person who generates, collects, transports, stores or provides treatment or disposal of a hazardous waste to maintain records, manifests and reporting systems required pursuant to federal statute or regulation.</p><p>8. Designate, in accordance with criteria and listings identified under federal statute or regulation, classes, types or lists of waste that it deems to be hazardous.</p><p>9. Consult and coordinate with the heads of appropriate state and federal agencies, independent regulatory agencies and other governmental instrumentalities for the purpose of achieving maximum effectiveness and enforcement of this chapter while imposing the least burden of duplicative requirements on those persons subject to the provisions of this chapter.</p><p>10. Apply for federal funds and transmit such funds to appropriate persons.</p><p>11. Promulgate and enforce regulations, and provide for reasonable variances and exemptions necessary to carry out its powers and duties and the intent of this chapter and the federal acts, 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.</p><p>12. Subject to the approval of the Governor, acquire by purchase, exercise of the right of eminent domain as provided in Chapter 2 (§ <a href='/vacode/25.1-200/'>25.1-200</a> et seq.) of Title 25.1, grant, gift, devise or otherwise, the fee simple title to any lands, selected in the discretion of the Board as constituting necessary and appropriate sites to be used for the management of hazardous waste as defined in this chapter, including lands adjacent to the site as the Board may deem necessary or suitable for restricted areas. In all instances the Board shall dedicate lands so acquired in perpetuity to such purposes. In its selection of a site pursuant to this subdivision, the Board shall consider the appropriateness of any state-owned property for a disposal site in accordance with the criteria for selection of a hazardous waste management site.</p><p>13. Assume responsibility for the perpetual custody and maintenance of any hazardous waste management facilities.</p><p>14. Collect, from any person operating or using a hazardous waste management facility, fees sufficient to finance such perpetual custody and maintenance due to that facility as may be necessary. All fees received by the Board pursuant to this subdivision shall be used exclusively to satisfy the responsibilities assumed by the Board for the perpetual custody and maintenance of hazardous waste management facilities.</p><p>15a. Collect, from any person operating or proposing to operate a hazardous waste treatment, storage or disposal facility or any person transporting hazardous waste, permit fees sufficient to defray only costs related to the issuance of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to implement this subdivision. All fees received by the Board pursuant to this subdivision shall be used exclusively for the hazardous waste management program set forth herein.</p><p>15b. Collect fees from large quantity generators of hazardous wastes.</p><p>16. Collect, from any person operating or proposing to operate a sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste: (i) permit application fees sufficient to defray only costs related to the issuance, reissuance, amendment or modification of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to issue, reissue, amend or modify such permits and (ii) annual fees established pursuant to § <a href='/vacode/10.1-1402.1:1/'>10.1-1402.1:1</a>. All such fees received by the Board shall be used exclusively for the solid waste management program set forth herein. The Board shall establish a schedule of fees by regulation as provided in §§ <a href='/vacode/10.1-1402.1/'>10.1-1402.1</a>, <a href='/vacode/10.1-1402.2/'>10.1-1402.2</a> and <a href='/vacode/10.1-1402.3/'>10.1-1402.3</a>.</p><p>17. Issue, deny, amend and revoke certification of site suitability for hazardous waste facilities in accordance with this chapter.</p><p>18. Make separate orders and regulations it deems necessary to meet any emergency to protect public health, natural resources and the environment from the release or imminent threat of release of waste.</p><p>19. Take actions to contain or clean up any site or to issue orders to require cleanup of any site where (i) solid or hazardous waste, or another substance within the jurisdiction of the Board, has been improperly managed or (ii) an open dump has been created, and to institute legal proceedings to recover the costs of the containment or clean-up activities from any responsible party. Such responsible party shall include any party, including the owner or operator or any other person, who caused the site to become an open dump or who caused or arranged for the improper management of such solid or hazardous waste or other substance within the jurisdiction of the Board.</p><p>20. Collect, hold, manage and disburse funds received for violations of solid and hazardous waste laws and regulations or court orders pertaining thereto pursuant to subdivision 19 of this section for the purpose of responding to solid or hazardous waste incidents and clean-up of sites that have been improperly managed, including sites eligible for a joint federal and state remedial project under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, as amended by the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, and for investigations to identify parties responsible for such mismanagement.</p><p>21. Abate hazards and nuisances dangerous to public health, safety or the environment, both emergency and otherwise, created by the improper disposal, treatment, storage, transportation or management of substances within the jurisdiction of the Board.</p><p>22. Notwithstanding any other provision of law to the contrary, regulate the management of mixed radioactive waste.</p><p>23. [Expired.]</p><p>1986, cc. 492, 566, § 10-266; 1987, c. 122; 1988, cc. 117, 891; 1990, cc. 499, 919; 1991, c. 718; 1992, c. 853; 1993, c. 456; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</a>; 2004, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0249'>249</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0324'>324</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0016'>16</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0163'>163</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0621'>621</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/chapter14/section10.1-1402/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1402.01
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10.1-1402.01
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Further duties of Board; localities particularly affected
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<p>After June 30, 1994, before promulgating any regulation under consideration or granting any variance to an existing regulation, or issuing any treatment, storage, or disposal permit, except for an emergency permit, if the Board finds that there are localities particularly affected by the regulation, variance or permit, the Board shall:</p><p>1. Publish, or require the applicant to publish, a notice in a local paper of general circulation in the localities affected at least thirty 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 include information on the location and type of waste treated, stored or disposed.</p><p>2. Mail the notice to the chief elected official and chief administrative officer and planning district commission for those localities.</p><p>Written comments shall be accepted by the Board for at least fifteen days after any hearing on the regulation, variance, or permit, unless the Board votes to shorten the period.</p><p>For the purposes of this section, the term "locality particularly affected" means any locality which bears any identified disproportionate material environmental impact which would not be experienced by other localities. For the purposes of this section, the transportation of waste shall not constitute a material environmental impact.</p><p>1993, c. 944.</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/chapter14/section10.1-1402.01/
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VA:Title-10.1-Chapter-14
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14
|
Virginia Waste Management Act
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1402.02
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10.1-1402.02
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Use, reuse, or reclamation of coal combustion by-product in a flood plain
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<p>Notwithstanding any other provision of this article, for any project proposed after July 1, 2009, the Board shall not exclude or exempt from the definition of solid waste or any solid waste permitting requirements the use, reuse, or reclamation of unamended coal combustion by-product in an area designated as a 100-year flood plain as defined in § <a href='http://law.lis.virginia.gov/vacode/10.1-600/'>10.1-600</a>.</p><p>2009, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0348'>348</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0498'>498</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/chapter14/section10.1-1402.02/
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VA:Title-10.1-Chapter-14
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14
|
Virginia Waste Management Act
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VA:Title-10.1
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10.1
|
Conservation
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VA
|
Code of Virginia
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VA:10.1-1402.03
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10.1-1402.03
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Closure of certain coal combustion residuals units
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<p>A. For the purposes of this section only:</p><p>"Carrying cost" means the cost associated with financing expenditures incurred but not yet recovered from the electric utility's customers, and shall be calculated by applying the electric utility's weighted average cost of debt and equity capital, as determined by the State Corporation Commission, with no additional margin or profit, to any unrecovered balances.</p><p>"CCR landfill" means an area of land or an excavation that receives CCR and is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave and that is owned or operated by an electric utility.</p><p>"CCR surface impoundment" means a natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned or operated by an electric utility.</p><p>"CCR unit" means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR unit, or combination of two or more such units that is owned by an electric utility. Notwithstanding the provisions of 40 C.F.R. Part 257, "CCR unit" also includes any CCR below the unit boundary of the CCR landfill or CCR surface impoundment.</p><p>"Coal combustion residuals" or "CCR" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by an electric utility.</p><p>"Encapsulated beneficial use" means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.</p><p>The definitions in this subsection shall be interpreted in a manner consistent with 40 C.F.R. Part 257, except as expressly provided in this section.</p><p>B. The owner or operator of any CCR unit located within the Chesapeake Bay watershed at the Bremo Power Station, Chesapeake Energy Center, Chesterfield Power Station, and Possum Point Power Station that ceased accepting CCR prior to July 1, 2019, shall complete closure of such unit by (i) removing all of the CCR in accordance with applicable standards established by Virginia Solid Waste Management Regulations (9VAC<a href='/vacode/20-81/'>20-81</a>) and (ii) either (a) beneficially reusing all such CCR in a recycling process for encapsulated beneficial use or (b) disposing of the CCR in a permitted landfill on the property upon which the CCR unit is located, adjacent to the property upon which the CCR unit is located, or off of the property on which the CCR unit is located, that includes, at a minimum, a composite liner and leachate collection system that meets or exceeds the federal Criteria for Municipal Solid Waste Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall beneficially reuse a total of no less than 6.8 million cubic yards in aggregate of such removed CCR from no fewer than two of the sites listed in this subsection where CCR is located.</p><p>C. The owner or operator shall complete the closure of any such CCR unit required by this section no later than 15 years after initiating the closure process at that CCR unit. During the closure process, the owner or operator shall, at its expense, offer to provide a connection to a municipal water supply, or where such connection is not feasible provide water testing, for any residence within one-half mile of the CCR unit.</p><p>D. Where closure pursuant to this section requires that CCR or CCR that has been beneficially reused be removed off-site, the owner or operator shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units that minimizes the impact of any transport of CCR on adjacent property owners and surrounding communities. The transportation plan shall include (i) alternative transportation options to be utilized, including rail and barge transport, if feasible, in combination with other transportation methods necessary to meet the closure timeframe established in subsection C, and (ii) plans for any transportation by truck, including the frequency of truck travel, the route of truck travel, and measures to control noise, traffic impact, safety, and fugitive dust caused by such truck travel. Once such transportation plan is completed, the owner or operator shall post it on a publicly accessible website. The owner or operator shall provide notice of the availability of the plan to the Department and the chief administrative officers of the consulting localities and shall publish such notice once in a newspaper of general circulation in such locality.</p><p>E. The owner or operator of any CCR unit subject to the provisions of subsection B shall accept and review proposals to beneficially reuse any CCR that are not subject to an existing contractual agreement to remove CCR pursuant to the provisions of subsection B every four years beginning July 1, 2022. Any entity submitting such a proposal shall provide information from which the owner or operator can determine (i) the amount of CCR that will be utilized for encapsulated beneficial use; (ii) the cost of such beneficial reuse of such CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized.</p><p>F. In conducting closure activities described in subsection B, the owner or operator shall (i) identify options for utilizing local workers, (ii) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce, and (iii) give priority to the hiring of local workers.</p><p>G. No later than October 1, 2022, and no less frequently than every two years thereafter until closure of all of its CCR units is complete, the owner or operator of any CCR unit subject to the provisions of subsection B shall compile the following two reports:</p><p>1. A report describing the owner's or operator's closure plan for all such CCR units; the closure progress to date, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be beneficially reused from such units, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be landfilled from such units, both per unit and in total; a detailed accounting of the utilization of transportation options and a transportation plan as required by subsection D; and a discussion of groundwater and surface water monitoring results and any measures taken to address such results as closure is being completed.</p><p>2. A report that contains the proposals and analysis for proposals required by subsection E.</p><p>The owner or operator shall post each such report on a publicly accessible website and shall submit each such report to the Governor, the Secretary of Natural and Historic Resources, the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of the Senate Committee on Commerce and Labor, the Chairman of the House Committee on Labor and Commerce, and the Director.</p><p>H. All costs associated with closure of a CCR unit in accordance with this section shall be recoverable through a rate adjustment clause authorized by the State Corporation Commission (the Commission) under the provisions of subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, provided that (i) when determining the reasonableness of such costs the Commission shall not consider closure in place of the CCR unit as an option; (ii) the annual revenue requirement recoverable through a rate adjustment clause authorized under this section, exclusive of any other rate adjustment clauses approved by the Commission under the provisions of subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, shall not exceed $225 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $225 million in a given 12-month period, limited to the under-recovery amount and the carrying cost, shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods without regard to this limitation, and with the length of the amortization period being determined by the Commission; (iii) costs may begin accruing on July 1, 2019, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2021; (iv) any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and (v) any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause.</p><p>I. Any electric public utility subject to the requirements of this section may, without regard for whether it has petitioned for any rate adjustment clause pursuant to subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, petition the Commission for approval of a plan for CCR unit closure at any or all of its CCR unit sites listed in subsection B. Any such plan shall take into account site-specific conditions and shall include proposals to beneficially reuse no less than 6.8 million cubic yards of CCR in aggregate from no fewer than two of the sites listed in subsection B. The Commission shall issue its final order with regard to any such petition within six months of its filing, and in doing so shall determine whether the utility's plan for CCR unit closure, and the projected costs associated therewith, are reasonable and prudent, taking into account that closure in place of any CCR unit is not to be considered as an option. The Commission shall not consider plans that do not comply with subsection B.</p><p>J. Nothing in this section shall be construed to require additional beneficial reuse of CCR at any active coal-fired electric generation facility if such additional beneficial reuse results in a net increase in truck traffic on the public roads of the locality in which the facility is located as compared to such traffic during calendar year 2018.</p><p>K. The Commonwealth shall not authorize any cost recovery by an owner or operator subject to the provisions of this section for any fines or civil penalties resulting from violations of federal and state law or regulation.</p><p>2019, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0650'>650</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0651'>651</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</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/chapter14/section10.1-1402.03/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.04
|
10.1-1402.04
|
Closure of certain coal combustion residuals units; Giles and Russell Counties
|
<p>A. For the purposes of this section:</p><p>"Carrying cost" means the cost associated with financing expenditures incurred but not yet recovered from the electric utility's customers and shall be calculated by applying the electric utility's weighted average cost of debt and equity capital, as determined by the State Corporation Commission, with no additional margin or profit, to any unrecovered balances.</p><p>"CCR landfill" means an area of land or an excavation that receives CCR and is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine, or cave and that is owned or operated by an electric utility.</p><p>"CCR surface impoundment" means a natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of CCR and liquids; (ii) treats, stores, or disposes of CCR; and (iii) is owned or operated by an electric utility.</p><p>"CCR unit" means any CCR landfill, CCR surface impoundment, lateral expansion of a CCR unit, or combination of two or more such units that is owned by an electric utility. Notwithstanding the provisions of 40 C.F.R. Part 257, "CCR unit" also includes any CCR below the unit boundary of the CCR landfill or CCR surface impoundment.</p><p>"Coal combustion residuals" or "CCR" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by an electric utility.</p><p>"Commission" means the State Corporation Commission.</p><p>"Encapsulated beneficial use" means a beneficial use of CCR that binds the CCR into a solid matrix and minimizes its mobilization into the surrounding environment.</p><p>The definitions in this subsection shall be interpreted in a manner consistent with 40 C.F.R. Part 257, except as expressly provided in this section.</p><p>B. The owner or operator of any CCR unit located in Giles County or Russell County at the Glen Lyn Plant and the Clinch River Plant shall, if all CCR units at such plant ceased receiving CCR and submitted notification of completion of a final cap to the Department prior to January 1, 2019, complete post-closure care and any required corrective action of such unit. If all CCR units at such plant have not submitted notification of completion of a final cap to the Department prior to January 1, 2019, the owner or operator shall close all CCR units at such plant by (i) removing all of the CCR in accordance with applicable standards established by Virginia Solid Waste Management Regulations (9VAC<a href='/vacode/20-81/'>20-81</a>) and (ii) either (a) beneficially reusing all such CCR in a recycling process for encapsulated beneficial use or (b) disposing of the CCR in a permitted landfill on the property upon which the CCR unit is located, adjacent to the property upon which the CCR unit is located, or off of the property on which the CCR unit is located, that includes, at a minimum, a composite liner and leachate collection system that meets or exceeds the federal Criteria for Municipal Solid Waste Landfills pursuant to 40 C.F.R. Part 258. The owner or operator shall beneficially reuse CCR removed from its CCR unit if beneficial use of such removed CCR is anticipated to reduce costs incurred under this section.</p><p>C. The owner or operator shall complete the closure of any such CCR unit required by this section no later than 15 years after initiating the excavation process at that CCR unit. During the closure process, the owner or operator shall, at its expense, offer to provide a connection to a municipal water supply, or where such connection is not feasible provide water testing, for any residence within one-half mile of the CCR unit.</p><p>D. Where closure pursuant to this section requires that CCR that has been beneficially reused be removed off-site, the owner or operator shall develop a transportation plan in consultation with any county, city, or town in which the CCR units are located and any county, city, or town within two miles of the CCR units that minimizes the impact of any transport of CCR on adjacent property owners and surrounding communities. The transportation plan shall include (i) alternative transportation options to be utilized, including rail and barge transport, if feasible, in combination with other transportation methods necessary to meet the closure timeframe established in subsection C and (ii) plans for any transportation by truck, including the frequency of truck travel, the route of truck travel, and measures to control noise, traffic impact, safety, and fugitive dust caused by such truck travel. Once such transportation plan is completed, the owner or operator shall post it on a publicly accessible website. The owner or operator shall provide notice of the availability of the plan to the Department and the chief administrative officers of the consulting localities and shall publish such notice once in a newspaper of general circulation in such locality.</p><p>E. The owner or operator of any CCR unit subject to the provisions of subsection B shall accept and review proposals for the encapsulated beneficial use of CCR pursuant to the provisions of subsection B every four years beginning July 1, 2023. Any entity submitting such a proposal shall provide information from which the owner or operator can determine (i) the amount of CCR that will be utilized for encapsulated beneficial use; (ii) the cost of the proposed beneficial use of such CCR; and (iii) the guaranteed timeframe in which the CCR will be utilized.</p><p>F. In conducting closure activities described in subsection B, the owner or operator shall (i) identify options for utilizing local workers; (ii) consult with the Commonwealth's Chief Workforce Development Officer on opportunities to advance the Commonwealth's workforce goals, including furtherance of apprenticeship and other workforce training programs to develop the local workforce; and (iii) give priority to the hiring of local workers.</p><p>G. No later than October 1, 2023, and no less frequently than every two years thereafter until closure of or corrective action at all of its CCR units is complete, the owner or operator of any CCR unit subject to the provisions of subsection B shall compile the following two reports:</p><p>1. A report describing the owner's or operator's closure plan for all such CCR units; the closure progress to date, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be beneficially reused from such units, both per unit and in total; a detailed accounting of the amounts of CCR that have been and are expected to be landfilled from such units, both per unit and in total; a detailed accounting of the utilization of transportation options and a transportation plan as required by subsection D; and a discussion of groundwater and surface water monitoring results and any corrective actions or other measures taken to address such results as closure is being completed.</p><p>2. A report that contains the proposals and analysis for proposals required by subsection E.</p><p>The owner or operator shall post each such report on a publicly accessible website and shall submit each such report to the Governor, the Secretary of Natural and Historic Resources, the Chairman of the Senate Committee on Agriculture, Conservation and Natural Resources, the Chairman of the House Committee on Agriculture, Chesapeake and Natural Resources, the Chairman of the Senate Committee on Commerce and Labor, the Chairman of the House Committee on Labor and Commerce, and the Director.</p><p>H. All costs associated with closure by removal of a CCR unit or encapsulated beneficial use of CCR material in accordance with subsection B shall be recoverable through a rate adjustment clause authorized by the Commission under the provisions of subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, provided that (i) when determining the reasonableness of such costs the Commission shall not consider closure in place of the CCR unit as an option; (ii) the annual revenue requirement recoverable through a rate adjustment clause authorized under this section, exclusive of any other rate adjustment clauses approved by the Commission under the provisions of subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, shall not exceed $40 million on a Virginia jurisdictional basis for the Commonwealth in any 12-month period, provided that any under-recovery amount of revenue requirements incurred in excess of $40 million in a given 12-month period, limited to the under-recovery amount and the carrying cost, shall be deferred and recovered through the rate adjustment clause over up to three succeeding 12-month periods without regard to this limitation, and with the length of the amortization period being determined by the Commission; (iii) costs may begin accruing on July 1, 2020, but no approved rate adjustment clause charges shall be included in customer bills until July 1, 2022; (iv) any such costs shall be allocated to all customers of the utility in the Commonwealth as a non-bypassable charge, irrespective of the generation supplier of any such customer; and (v) any such costs that are allocated to the utility's system customers outside of the Commonwealth that are not actually recovered from such customers shall be included for cost recovery from jurisdictional customers in the Commonwealth through the rate adjustment clause.</p><p>I. Any electric public utility subject to the requirements of this section may, without regard for whether it has petitioned for any rate adjustment clause pursuant to subdivision A 5 e of § <a href='/vacode/56-585.1/'>56-585.1</a>, petition the Commission for approval of a plan for CCR unit closure at any or all of its CCR unit sites listed in subsection B. Any such plan shall take into account site-specific conditions and shall include proposals to beneficially reuse CCR from the sites if beneficial use is anticipated to reduce the costs allocated to customers. The Commission shall issue its final order with regard to any such petition within six months of its filing, and in doing so shall determine whether the utility's plan for CCR unit closure, and the projected costs associated therewith, are reasonable and prudent, taking into account that closure in place of any CCR unit is not to be considered as an option. The Commission shall not consider plans that do not comply with subsection B.</p><p>J. Nothing in this section shall be construed to require additional beneficial reuse of CCR at any active coal-fired electric generation facility if such additional beneficial reuse results in a net increase in truck traffic on the public roads of the locality in which the facility is located as compared with such traffic during calendar year 2019.</p><p>K. The Commonwealth shall not authorize any cost recovery by an owner or operator subject to the provisions of this section for any fines or civil penalties resulting from violations of federal and state law or regulation.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0563'>563</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</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/chapter14/section10.1-1402.04/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.05
|
10.1-1402.05
|
Coal ash landfill storage; provision of public water supply
|
<p>A. No application for a new coal ash landfill permit for storing coal combustion residuals in Planning District 8 shall be approved by the Department if the facility boundary is located within one mile of an existing residential area that is not served by municipal water supply, unless the owner or operator of the coal ash landfill has offered to provide, at its expense, (i) municipal water supply service for such residential area and (ii) any requested service connections for residential properties in existence at the time such permit application is filed.</p><p>B. Any offer by the owner or operator of a coal ash landfill to provide municipal water supply service or requested service connections pursuant to subsection A shall be made (i) in writing to any resident located within one mile of the facility boundary and (ii) in coordination with the municipal water supply service authority in which the coal ash landfill will be located, notwithstanding the water supply service authority's final schedule for installation.</p><p>2023, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0503'>503</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/chapter14/section10.1-1402.05/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.1
|
10.1-1402.1
|
Permit fee regulations
|
<p>Regulations promulgated by the Board which establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b and 16 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a> shall be governed by the following:</p><p>1. Permit fees charged an applicant shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. No fees shall be charged for minor modifications or minor amendments to such permits. For purposes of this subdivision, "minor permit modifications" or "minor amendments" means specific types of changes, defined by the Board, that are made to keep the permit current with routine changes to the facility or its operation and that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.</p><p>2. When promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.</p><p>3. On January 1, 1993, and January 1 of every even-numbered year thereafter, the Board shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department's use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.</p><p>4. Fees collected pursuant to subdivisions 15a, 15b or 16 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a> shall not supplant or reduce in any way the general fund appropriation to the Board.</p><p>5. These permit fees shall be collected in order to recover a portion of the agency's costs associated with (i) the processing of an application to issue, reissue, amend or modify permits, which the Board has authority to issue for the purpose of more efficiently and expeditiously processing and maintaining permits and (ii) the inspections necessary to assure the compliance of large quantity generators of hazardous waste. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.</p><p>1992, c. 853; 2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0822'>822</a>; 2004, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0249'>249</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0324'>324</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/chapter14/section10.1-1402.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.1:1
|
10.1-1402.1:1
|
Annual fees for nonhazardous solid waste management facilities
|
<p>A. In addition to the permit fees assessed and collected pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1402.1/'>10.1-1402.1</a>, the Board shall collect an annual fee from any person operating a sanitary landfill or other facility permitted under this chapter for the disposal, storage, or treatment of nonhazardous solid waste. The fees shall be exempt from statewide indirect cost charged and assessed by the Department of Accounts. Annual fees shall reflect the time and complexity of inspecting and monitoring the different categories of facilities. Any annual fee that is based on volume shall be calculated using the tonnage reported by each facility pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1413.1/'>10.1-1413.1</a> for the preceding year, and shall be adjusted annually by the Consumer Price Index. The annual fee shall be assessed as follows:</p><p>1. Sanitary landfills, noncaptive industrial landfills, and construction and demolition debris landfills shall be assessed an annual fee of $0.115 per ton.</p><p>2. Incinerators and energy recovery facilities shall be assessed an annual fee of $0.055 per ton.</p><p>Ash generated by incinerators and energy recovery facilities that are subject to this section shall be exempted from the annual fees assessed under this section.</p><p>3. Other types of facilities shall be assessed an annual fee as follows:</p><table class="mce-item-table"><tbody><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">a</td><td>Composting</td><td>$1,200</td></tr><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">b</td><td>Regulated medical waste</td><td>$2,500</td></tr><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">c</td><td>Materials recovery</td><td>$4,500</td></tr><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">d</td><td>Transfer station</td><td>$5,500</td></tr><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">e</td><td>Facilities in post-closure care</td><td>$1,000</td></tr></tbody></table><p>The annual fee for active captive landfills shall be as follows:<br></p><table class="mce-item-table"><tbody><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">a</td><td>Small landfills (landfilling less than 100,000 tons per year)</td><td>$2,500</td></tr><tr><td class="hiddenTable" style="vertical-align: top; margin-right: 4px;" data-mce-style="vertical-align: top; margin-right: 4px;">b</td><td>Large landfills (landfilling 100,000 tons or more per year)</td><td>$7,500</td></tr></tbody></table><p>B. The Board shall by regulation prescribe the manner and schedule for remitting fees imposed by this section and may allow for the quarterly payment of any such fees.<br></p><p>C. The regulation shall include provisions allowing the Director to waive or reduce fees assessed during a state of emergency or for waste resulting from emergency response actions.</p><p>D. The Board may promulgate regulations establishing a schedule of reduced permit fees for facilities that have established a record of compliance with the terms and requirements of their permits and shall establish criteria, by regulation, to provide for reductions in the annual fee amount assessed for facilities based upon acceptance into the Department's programs to recognize excellent environmental performance.</p><p>E. The operator of a facility owned by a private entity and subject to any fee imposed pursuant to this section shall collect such fee as a surcharge on any fee schedule established pursuant to law, ordinance, resolution or contract for solid waste processing or disposal operations at the facility.</p><p>2004, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0249'>249</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0324'>324</a>; 2011, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0420'>420</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/chapter14/section10.1-1402.1:1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.2
|
10.1-1402.2
|
Permit Program Fund established; use of moneys
|
<p>A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Waste Management Board Permit Program Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § <a href='http://law.lis.virginia.gov/vacode/2.2-1802/'>2.2-1802</a>, all moneys collected pursuant to subdivision 16 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a> shall be paid into the state treasury to the credit of the Fund.</p><p>B. 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.</p><p>C. The Board is authorized and empowered to release moneys from the Fund, on warrants issued by the State Comptroller, for the purposes of recovering portions of the costs of processing applications under subdivision 16 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a> under the direction of the Director.</p><p>D. An accounting of moneys received by and distributed from the Fund shall be kept by the State Comptroller and furnished upon request to the Governor or the General Assembly.</p><p>1992, c. 853.</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/chapter14/section10.1-1402.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1402.3
|
10.1-1402.3
|
Conformance with federal requirements
|
<p>Notwithstanding the provisions of this article, any fee system developed by the Board may be modified by regulation promulgated by the Board, as may be necessary to conform with the requirements of federal acts and any regulations promulgated thereunder. Any modification imposed under this section shall be submitted to the members of the Senate Committees on Agriculture, Conservation and Natural Resources, and on Finance; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance.</p><p>1992, c. 853.</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/chapter14/section10.1-1402.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1403
|
10.1-1403
|
Advisory committees
|
<p>The Governor shall appoint such advisory committees as he may deem necessary to aid in the development of an effective waste management program.</p><p>1986, c. 492, § 10-267; 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/chapter14/section10.1-1403/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1404
|
10.1-1404
|
Department continued; general powers
|
<p>A. The Department of Waste Management is continued. The Department shall be headed by a Director, who shall be appointed by the Governor to serve at his pleasure for a term coincident with his own or until a successor shall be appointed and qualified.</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 purposes of this chapter;</p><p>3. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other state agencies and governmental subdivisions of the Commonwealth; and</p><p>4. Provide upon request and without charge, technical assistance to local governing bodies regarding stockpiling of tires pursuant to its authority in this chapter to promote resource conservation and resource recovery systems. The governing body of any county, city or town may adopt an ordinance regulating the stockpiling of tires, including but not limited to, the location of such stockpiles and the number of tires to be deposited at the site.</p><p>1986, c. 492, § 10-268; 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/chapter14/section10.1-1404/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1405
|
10.1-1405
|
Powers and duties of Director
|
<p>A. The Director, under the direction and control of the Secretary of Natural and Historic Resources, shall exercise such powers and perform such duties as are conferred or imposed upon him by law and shall perform any other duties required of him by the Governor or the Board.</p><p>B. In addition to the other responsibilities set forth herein, the Director shall carry out management and supervisory responsibilities in accordance with the regulations and policies of the Board. In no event shall the Director have the authority to promulgate any final regulation.</p><p>The Director shall be vested with all the authority of the Board when it is not in session, subject to such regulations as may be prescribed by the Board.</p><p>C. The Director shall serve as the liaison with the United States Department of Energy on matters concerning the siting of high-level radioactive waste repositories, pursuant to the terms of the Nuclear Waste Policy Act of 1982.</p><p>D. The Director shall obtain a criminal records check pursuant to § <a href='/vacode/19.2-389/'>19.2-389</a> of key personnel listed in the disclosure statement when the Director determines, in his sole discretion, that such a records check will serve the purposes of this chapter.</p><p>1986, c. 492, § 10-269; 1988, c. 891; 1990, c. 919; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0401'>401</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/chapter14/section10.1-1405/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1406
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10.1-1406
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Exemptions from liability; expedited settlements
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<p>A. No person shall be liable under the provisions of subdivision 19 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a> for cleanup or to reimburse the Virginia Environmental Emergency Response Fund if he can establish by a preponderance of the evidence that the violation and the damages resulting therefrom were caused solely by:</p><p>1. An act of God;</p><p>2. An act of war;</p><p>3. An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous waste or hazardous substance concerned, taking into consideration the characteristics of such hazardous waste or hazardous substance, in light of all relevant facts and circumstances and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or</p><p>4. Any combination of subdivisions 1 through 3 of this section. For purposes of this section, the term "contractual arrangement" shall have the meaning ascribed to it in 42 U.S.C. § 9601 (35).</p><p>B. The Board may, consistent with programs developed under the federal acts, expedite a determination to limit the liability of innocent landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup which may be required pursuant to this chapter.</p><p>1986, c. 566, § 10-270; 1988, cc. 627, 891; 1990, cc. 472, 919; 1991, c. 718; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0798'>798</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/chapter14/section10.1-1406/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1406.1
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10.1-1406.1
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Access to abandoned waste sites
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<p>A. For the purposes of this section, "abandoned waste site" means a waste site for which (i) there has not been adequate remediation or closure as required by Chapter 14 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.) of this title, (ii) adequate financial assurances as required by § <a href='http://law.lis.virginia.gov/vacode/10.1-1410/'>10.1-1410</a> or § <a href='http://law.lis.virginia.gov/vacode/10.1-1428/'>10.1-1428</a> are not provided, and (iii) the owner, operator, or other person responsible for the cost of cleanup or remediation under state or federal law or regulation cannot be located.</p><p>B. Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned waste 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>C. 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 this chapter or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.</p><p>D. This section shall not in any way limit the authority of the Board, Director, or Department otherwise created by Chapter 14 of this title.</p><p>1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0547'>547</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/chapter14/section10.1-1406.1/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1406.2
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10.1-1406.2
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Conditional exemption for coal and mineral mining overburden or solid waste
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<p>The provisions of this chapter shall not apply to coal or mineral mining overburden returned to the mine site or solid wastes from the extraction, beneficiation, and processing of coal or minerals that are managed in accordance with requirements promulgated by the Department of Energy.</p><p>1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0613'>613</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0947'>947</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/chapter14/section10.1-1406.2/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1407
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10.1-1407
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Repealed
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<p>Repealed by Acts 1988, cc. 696, 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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1407/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1407.1
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10.1-1407.1
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Notification of local government of violation
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<p>Upon determining that there has been a violation of a regulation promulgated under this chapter 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.</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/chapter14/section10.1-1407.1/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1408
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10.1-1408
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Repealed
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<p>Repealed by Acts 1988, cc. 696, 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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1408/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1408.1
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10.1-1408.1
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Permit required; open dumps prohibited
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<p>A. No person shall operate any sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste without a permit from the Director.</p><p>B. No application for (i) a new solid waste management facility permit or (ii) application for a permit amendment or variance allowing a category 2 landfill, as defined in this section, to expand or increase in capacity shall be complete unless it contains the following:</p><p>1. Certification from the governing body of the county, city or town in which the facility is to be located that the location and operation of the facility are consistent with all applicable ordinances. The governing body shall inform the applicant and the Department of the facility's compliance or noncompliance not more than 120 days from receipt of a request from the applicant. No such certification shall be required for the application for the renewal of a permit or transfer of a permit as authorized by regulations of the Board;</p><p>2. A disclosure statement, except that the Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirement for a disclosure statement for a captive industrial landfill when such a statement would not serve the purposes of this chapter;</p><p>3. If the applicant proposes to locate the facility on property not governed by any county, city or town zoning ordinance, certification from the governing body that it has held a public hearing, in accordance with the applicable provisions of § <a href='/vacode/15.2-2204/'>15.2-2204</a>, to receive public comment on the proposed facility. Such certification shall be provided to the applicant and the Department within 120 days from receipt of a request from the applicant;</p><p>4. If the applicant proposes to operate a new sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department's solid waste management regulations. The public comment steps shall include publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant's intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date.</p><p>The provisions of this subdivision shall not apply to applicants for a permit to operate a new captive industrial landfill or a new construction-demolition-debris landfill;</p><p>5. If the applicant is a local government or public authority that proposes to operate a new municipal sanitary landfill or transfer station, a statement, including a description of the steps taken by the applicant to seek the comments of the residents of the area where the sanitary landfill or transfer station is proposed to be located, regarding the siting and operation of the proposed sanitary landfill or transfer station. The public comment steps shall be taken prior to filing with the Department the notice of intent to apply for a permit for the sanitary landfill or transfer station as required by the Department's solid waste management regulations. The public comment steps shall include the formation of a citizens' advisory group to assist the locality or public authority with the selection of a proposed site for the sanitary landfill or transfer station, publication of a public notice once a week for two consecutive weeks in a newspaper of general circulation serving the locality where the sanitary landfill or transfer station is proposed to be located, and holding at least one public meeting within the locality to identify issues of concern, to facilitate communication and to establish a dialogue between the applicant and persons who may be affected by the issuance of a permit for the sanitary landfill or transfer station. The public notice shall include a statement of the applicant's intent to apply for a permit to operate the proposed sanitary landfill or transfer station, the proposed sanitary landfill or transfer station site location, the date, time and location of the public meeting the applicant will hold and the name, address and telephone number of a person employed by the applicant, who can be contacted by interested persons to answer questions or receive comments on the siting and operation of the proposed sanitary landfill or transfer station. The first publication of the public notice shall be at least fourteen days prior to the public meeting date. For local governments that have zoning ordinances, such public comment steps as required under §§ <a href='/vacode/15.2-2204/'>15.2-2204</a> and <a href='/vacode/15.2-2285/'>15.2-2285</a> shall satisfy the public comment requirements for public hearings and public notice as required under this section. Any applicant which is a local government or public authority that proposes to operate a new transfer station on land where a municipal sanitary landfill is already located shall be exempt from the public comment requirements for public hearing and public notice otherwise required under this section;</p><p>6. If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, a statement, signed by the applicant, guaranteeing that sufficient disposal capacity will be available in the facility to enable localities within the Commonwealth to comply with solid waste management plans developed pursuant to § <a href='/vacode/10.1-1411/'>10.1-1411</a>, and certifying that such localities will be allowed to contract for and to reserve disposal capacity in the facility. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within those political subdivisions' jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement;</p><p>7. If the application is for a new municipal solid waste landfill or for an expansion of an existing municipal solid waste landfill, certification from the governing body of the locality in which the facility would be located that a host agreement has been reached between the applicant and the governing body unless the governing body or a public service authority of which the governing body is a member would be the owner and operator of the landfill. The agreement shall, at a minimum, have provisions covering (i) the amount of financial compensation the applicant will provide the host locality, (ii) daily travel routes and traffic volumes, (iii) the daily disposal limit, and (iv) the anticipated service area of the facility. The host agreement shall contain a provision that the applicant will pay the full cost of at least one full-time employee of the locality whose responsibility it will be to monitor and inspect waste transportation and disposal practices in the locality. The host agreement shall also provide that the applicant shall, when requested by the host locality, split air and water samples so that the host locality may independently test the sample, with all associated costs paid for by the applicant. All such sampling results shall be provided to the Department. For purposes of this subdivision, "host agreement" means any lease, contract, agreement or land use permit entered into or issued by the locality in which the landfill is situated which includes terms or conditions governing the operation of the landfill;</p><p>8. If the application is for a locality-owned and locality-operated new municipal solid waste landfill or for an expansion of an existing such municipal solid waste landfill, information on the anticipated (i) daily travel routes and traffic volumes, (ii) daily disposal limit, and (iii) service area of the facility; and</p><p>9. If the application is for a new solid waste management facility permit or for modification of a permit to allow an existing solid waste management facility to expand or increase its capacity, the application shall include certification from the governing body for the locality in which the facility is or will be located that: (i) the proposed new facility or the expansion or increase in capacity of the existing facility is consistent with the applicable local or regional solid waste management plan developed and approved pursuant to § <a href='/vacode/10.1-1411/'>10.1-1411</a>; or (ii) the local government or solid waste management planning unit has initiated the process to revise the solid waste management plan to include the new or expanded facility. Inclusion of such certification shall be sufficient to allow processing of the permit application, up to but not including publication of the draft permit or permit amendment for public comment, but shall not bind the Director in making the determination required by subdivision D 1.</p><p>C. Notwithstanding any other provision of law:</p><p>1. Every holder of a permit issued under this article who has not earlier filed a disclosure statement shall, prior to July 1, 1991, file a disclosure statement with the Director.</p><p>2. Every applicant for a permit under this article shall file a disclosure statement with the Director, together with the permit application or prior to September 1, 1990, whichever comes later. No permit application shall be deemed incomplete for lack of a disclosure statement prior to September 1, 1990.</p><p>3. Every applicant shall update its disclosure statement quarterly to indicate any change of condition that renders any portion of the disclosure statement materially incomplete or inaccurate.</p><p>4. The Director, upon request and in his sole discretion, and when in his judgment other information is sufficient and available, may waive the requirements of this subsection for a captive industrial waste landfill when such requirements would not serve the purposes of this chapter.</p><p>D. 1. Except as provided in subdivision D 2, no permit for a new solid waste management facility nor any amendment to a permit allowing facility expansion or an increase in capacity shall be issued until the Director has determined, after an investigation and analysis of the potential human health, environmental, transportation infrastructure, and transportation safety impacts and needs and an evaluation of comments by the host local government, other local governments and interested persons, that (i) the proposed facility, expansion, or increase protects present and future human health and safety and the environment; (ii) there is a need for the additional capacity; (iii) sufficient infrastructure will exist to safely handle the waste flow; (iv) the increase is consistent with locality-imposed or state-imposed daily disposal limits; (v) the public interest will be served by the proposed facility's operation or the expansion or increase in capacity of a facility; and (vi) the proposed solid waste management facility, facility expansion, or additional capacity is consistent with regional and local solid waste management plans developed pursuant to § <a href='/vacode/10.1-1411/'>10.1-1411</a>. The Department shall hold a public hearing within the said county, city or town prior to the issuance of any such permit for the management of nonhazardous solid waste. Subdivision D 2, in lieu of this subdivision, shall apply to nonhazardous industrial solid waste management facilities owned or operated by the generator of the waste managed at the facility, and that accept only waste generated by the facility owner or operator. The Board shall have the authority to promulgate regulations to implement this subdivision.</p><p>2. No new permit for a nonhazardous industrial solid waste management facility that is owned or operated by the generator of the waste managed at the facility, and that accepts only waste generated by the facility owner or operator, shall be issued until the Director has determined, after investigation and evaluation of comments by the local government, that the proposed facility poses no substantial present or potential danger to human health or the environment. The Department shall hold a public hearing within the county, city or town where the facility is to be located prior to the issuance of any such permit for the management of nonhazardous industrial solid waste.</p><p>E. The permit shall contain such conditions or requirements as are necessary to comply with the requirements of this Code and the regulations of the Board and to protect present and future human health and the environment. To the extent allowed by federal law, any person holding a permit that is intending to upgrade the permitted solid waste management facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, protect waters of the state, including both surface and ground water, and protect air quality shall not be required to obtain a modified or amended permit.</p><p>The Director may include in any permit such recordkeeping, testing and reporting requirements as are necessary to ensure that the local governing body of the county, city or town where the waste management facility is located is kept timely informed regarding the general nature and quantity of waste being disposed of at the facility. Such recordkeeping, testing and reporting requirements shall require disclosure of proprietary information only as is necessary to carry out the purposes of this chapter. At least once every ten years, the Director shall review and issue written findings on the environmental compliance history of each permittee, material changes, if any, in key personnel, and technical limitations, standards, or regulations on which the original permit was based. The time period for review of each category of permits shall be established by Board regulation. If, upon such review, the Director finds that repeated material or substantial violations of the permittee or material changes in the permittee's key personnel would make continued operation of the facility not in the best interests of human health or the environment, the Director shall amend or revoke the permit, in accordance herewith. Whenever such review is undertaken, the Director may amend the permit to include additional limitations, standards, or conditions when the technical limitations, standards, or regulations on which the original permit was based have been changed by statute or amended by regulation or when any of the conditions in subsection B of § <a href='/vacode/10.1-1409/'>10.1-1409</a> exist. The Director may deny, revoke, or suspend any permit for any of the grounds listed under subsection A of § <a href='/vacode/10.1-1409/'>10.1-1409</a>.</p><p>F. There shall exist no right to operate a landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste or hazardous waste within the Commonwealth. Permits for solid waste management facilities shall not be transferable except as authorized in regulations promulgated by the Board. The issuance of a permit shall not convey or establish any property rights or any exclusive privilege, nor shall it authorize any injury to private property or any invasion of personal rights or any infringement of federal, state, or local law or regulation.</p><p>G. No person shall dispose of solid waste in an open dump or dispose of or manage solid waste in an unpermitted facility, including by disposing, causing to be disposed, or arranging for the disposal of solid waste upon a property for which the Director has not issued a permit and that is not otherwise exempt from permitting requirements.</p><p>H. No person shall own, operate or allow to be operated on his property an open dump.</p><p>I. No person shall allow waste to be disposed of on his property without a permit. Any person who removes trees, brush, or other vegetation from land used for agricultural or forestal purposes shall not be required to obtain a permit if such material is deposited or placed on the same or other property of the same landowner from which such materials were cleared. The Board shall by regulation provide for other reasonable exemptions from permitting requirements for the disposal of trees, brush and other vegetation when such materials are removed for agricultural or forestal purposes.</p><p>When promulgating any regulation pursuant to this section, the Board shall consider the character of the land affected, the density of population, and the volume of waste to be disposed, as well as other relevant factors.</p><p>J. No permit shall be required pursuant to this section for recycling or for temporary storage incidental to recycling. As used in this subsection, "recycling" means any process whereby material which would otherwise be solid waste is used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product.</p><p>K. The Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of yard waste composting facilities. To accomplish this, the Board is authorized to exempt such facilities from regulations governing the treatment of waste and to establish an expedited approval process. Agricultural operations receiving only yard waste for composting shall be exempt from permitting requirements provided that (i) the composting area is located not less than 300 feet from a property boundary, is located not less than 1,000 feet from an occupied dwelling not located on the same property as the composting area, and is not located within an area designated as a flood plain as defined in § <a href='/vacode/10.1-600/'>10.1-600</a>; (ii) the agricultural operation has at least one acre of ground suitable to receive yard waste for each 150 cubic yards of finished compost generated; (iii) the total time for the composting process and storage of material that is being composted or has been composted shall not exceed eighteen months prior to its field application or sale as a horticultural or agricultural product; and (iv) the owner or operator of the agricultural operation notifies the Director in writing of his intent to operate a yard waste composting facility and the amount of land available for the receipt of yard waste. In addition to the requirements set forth in clauses (i) through (iv) of the preceding sentence, the owner and operator of any agricultural operation that receives more than 6,000 cubic yards of yard waste generated from property not within the control of the owner or the operator in any twelve-month period shall be exempt from permitting requirements provided (i) the owner and operator submit to the Director an annual report describing the volume and types of yard waste received by such operation for composting and (ii) the operator shall certify that the yard waste composting facility complies with local ordinances. The Director shall establish a procedure for the filing of the notices, annual reports and certificates required by this subsection and shall prescribe the forms for the annual reports and certificates. Nothing contained in this article shall prohibit the sale of composted yard waste for horticultural or agricultural use, provided that any composted yard waste sold as a commercial fertilizer with claims of specific nutrient values, promoting plant growth, or of conditioning soil shall be sold in accordance with Chapter 36 (§ <a href='/vacode/3.2-3600/'>3.2-3600</a> et seq.) of Title 3.2. As used in this subsection, "agricultural operation" shall have the same meaning ascribed to it in § <a href='/vacode/3.2-300/'>3.2-300</a>.</p><p>The operation of a composting facility as provided in this subsection shall not relieve the owner or operator of such a facility from liability for any violation of this chapter.</p><p>L. The Board shall provide for reasonable exemptions from the permitting requirements, both procedural and substantive, in order to encourage the development of facilities for the decomposition of vegetative waste. To accomplish this, the Board shall approve an expedited approval process. As used in this subsection, the decomposition of vegetative waste means a natural aerobic or anaerobic process, active or passive, which results in the decay and chemical breakdown of the vegetative waste. Nothing in this subsection shall be construed to prohibit a city or county from exercising its existing authority to regulate such facilities by requiring, among other things, permits and proof of financial security.</p><p>M. In receiving and processing applications for permits required by this section, the Director shall assign top priority to applications which (i) agree to accept nonhazardous recycling residues and (ii) pledge to charge tipping fees for disposal of nonhazardous recycling residues which do not exceed those charged for nonhazardous municipal solid waste. Applications meeting these requirements shall be acted upon no later than six months after they are deemed complete.</p><p>N. Every solid waste management facility shall be operated in compliance with the regulations promulgated by the Board pursuant to this chapter. To the extent consistent with federal law, those facilities which were permitted prior to March 15, 1993, and upon which solid waste has been disposed of prior to October 9, 1993, may continue to receive solid waste until they have reached their vertical design capacity, provided that the facility is in compliance with the requirements for liners and leachate control in effect at the time of permit issuance, and further provided that on or before October 9, 1993, the owner or operator of the solid waste management facility submits to the Director:</p><p>1. An acknowledgement that the owner or operator is familiar with state and federal law and regulations pertaining to solid waste management facilities operating after October 9, 1993, including postclosure care, corrective action and financial responsibility requirements;</p><p>2. A statement signed by a registered professional engineer that he has reviewed the regulations established by the Department for solid waste management facilities, including the open dump criteria contained therein; that he has inspected the facility and examined the monitoring data compiled for the facility in accordance with applicable regulations; and that, on the basis of his inspection and review, he has concluded that: (i) the facility is not an open dump, (ii) the facility does not pose a substantial present or potential hazard to human health and the environment, and (iii) the leachate or residues from the facility do not pose a threat of contamination or pollution of the air, surface water or ground water in a manner constituting an open dump or resulting in a substantial present or potential hazard to human health or the environment; and</p><p>3. A statement signed by the owner or operator (i) that the facility complies with applicable financial assurance regulations and (ii) estimating when the facility will reach its vertical design capacity.</p><p>The facility may not be enlarged prematurely to avoid compliance with state or federal regulations when such enlargement is not consistent with past operating practices, the permit or modified operating practices to ensure good management.</p><p>Facilities which are authorized by this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall be as follows:</p><p>Category 1: Nonhazardous industrial waste facilities that are located on property owned or controlled by the generator of the waste disposed of in the facility;</p><p>Category 2: Nonhazardous industrial waste facilities other than those that are located on property owned or controlled by the generator of the waste disposed of in the facility, provided that the facility accepts only industrial waste streams which the facility has lawfully accepted prior to July 1, 1995, or other nonhazardous industrial waste as approved by the Department on a case-by-case basis; and</p><p>Category 3: Facilities that accept only construction-demolition-debris waste as defined in the Board's regulations.</p><p>The Director may prohibit or restrict the disposal of waste in facilities described in this subsection which contains hazardous constituents as defined in applicable regulations which, in the opinion of the Director, would pose a substantial risk to health or the environment. Facilities described in category 3 may expand laterally beyond the waste disposal boundaries existing on October 9, 1993, provided that there is first installed, in such expanded areas, liners and leachate control systems meeting the applicable performance requirements of the Board's regulations, or a demonstration is made to the satisfaction of the Director that such facilities satisfy the applicable variance criteria in the Board's regulations.</p><p>Owners or operators of facilities which are authorized under this subsection to accept waste for disposal beyond the waste boundaries existing on October 9, 1993, shall ensure that such expanded disposal areas maintain setback distances applicable to such facilities under the Board's current regulations and local ordinances. Prior to the expansion of any facility described in category 2 or 3, the owner or operator shall provide the Director with written notice of the proposed expansion at least sixty days prior to commencement of construction. The notice shall include recent groundwater monitoring data sufficient to determine that the facility does not pose a threat of contamination of groundwater in a manner constituting an open dump or creating a substantial present or potential hazard to human health or the environment. The Director shall evaluate the data included with the notification and may advise the owner or operator of any additional requirements that may be necessary to ensure compliance with applicable laws and prevent a substantial present or potential hazard to health or the environment.</p><p>Facilities, or portions thereof, which have reached their vertical design capacity shall be closed in compliance with regulations promulgated by the Board.</p><p>Nothing in this subsection shall alter any requirement for groundwater monitoring, financial responsibility, operator certification, closure, postclosure care, operation, maintenance or corrective action imposed under state or federal law or regulation, or impair the powers of the Director pursuant to § <a href='/vacode/10.1-1409/'>10.1-1409</a>.</p><p>O. Portions of a permitted solid waste management facility used solely for the storage of household hazardous waste may store household hazardous waste for a period not to exceed one year, provided that such wastes are properly contained and are segregated to prevent mixing of incompatible wastes.</p><p>P. Any permit for a new municipal solid waste landfill, and any permit amendment authorizing expansion of an existing municipal solid waste landfill, shall incorporate conditions to require that capacity in the landfill will be available to localities within the Commonwealth that choose to contract for and reserve such capacity for disposal of such localities' solid waste in accordance with solid waste management plans developed by such localities pursuant to § <a href='/vacode/10.1-1411/'>10.1-1411</a>. This provision shall not apply to permit applications from one or more political subdivisions for new landfills or expanded landfills that will only accept municipal solid waste generated within the political subdivision or subdivisions' jurisdiction or municipal solid waste generated within other political subdivisions pursuant to an interjurisdictional agreement.</p><p>Q. No application for coverage under a permit-by-rule or for modification of coverage under a permit-by-rule shall be complete unless it contains certification from the governing body of the locality in which the facility is to be located that the facility is consistent with the solid waste management plan developed and approved in accordance with § <a href='/vacode/10.1-1411/'>10.1-1411</a>.</p><p>1988, cc. 696, 891; 1989, c. 623; 1990, cc. 360, 781, 919; 1992, c. 286; 1993, cc. 214, 469, 476, 496; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0614'>614</a>; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0442'>442</a>; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0236'>236</a>; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0875'>875</a>; 1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0580'>580</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0611'>611</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0613'>613</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0947'>947</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0420'>420</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0422'>422</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0062'>62</a>; 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0023'>23</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0581'>581</a>; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0621'>621</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/chapter14/section10.1-1408.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1408.2
|
10.1-1408.2
|
Certification and on-site presence of facility operator
|
<p>A. On and after January 1, 1993, no person shall be employed as a waste management facility operator, nor shall any person represent himself as a waste management facility operator, unless such person has been licensed by the Board for Waste Management Facility Operators.</p><p>B. On and after January 1, 1993, all solid waste management facilities shall operate under the direct supervision of a waste management facility operator licensed by the Board for Waste Management Facility Operators.</p><p>1991, cc. 551, 737; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0885'>885</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/chapter14/section10.1-1408.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1408.3
|
10.1-1408.3
|
Repealed
|
<p>Repealed by Acts 2007, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0023'>23</a>, cl. 2.</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/chapter14/section10.1-1408.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1408.4
|
10.1-1408.4
|
Landfill siting review
|
<p>A. Before granting a permit which approves site suitability for a new municipal solid waste landfill, the Director shall determine, in writing, that the site on which the landfill is to be constructed is suitable for the construction and operation of such a landfill. In making his determination, the Director shall consider and address, in addition to such others as he deems appropriate, the following factors:</p><p>1. Based on a written, site-specific report prepared by the Virginia Department of Transportation, the adequacy of transportation facilities that will be available to serve the landfill, including the impact of the landfill on local traffic volume, road congestion, and highway safety;</p><p>2. The potential impact of the proposed landfill on parks and recreational areas, public water supplies, marine resources, wetlands, historic sites, fish and wildlife, water quality, and tourism; and</p><p>3. The geologic suitability of the proposed site, including proximity to areas of seismic activity and karst topography.</p><p>The applicant shall provide such information on these factors as the Director may request.</p><p>B. In addition to such other types of locations as may be determined by the Board, no new municipal solid waste landfill shall be constructed:</p><p>1. In a 100-year flood plain;</p><p>2. In any tidal wetland or nontidal wetland contiguous to any surface water body, except in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.5/'>10.1-1408.5</a>;</p><p>3. Within three miles upgradient of any existing surface or groundwater public water supply intake or reservoir. However, a new municipal solid waste landfill may be constructed within a closer distance but no closer than one mile from any existing surface or groundwater public water supply intake or reservoir if: (i) the proposed landfill would meet all of the other requirements of this chapter and subtitle D of the federal Resource Conservation and Recovery Act, including alternative liner systems approved in accordance with that Act; (ii) the permit requires that groundwater protection standards be established and approved by the Director prior to the receipt of waste; (iii) the permit requires installation of at least two synthetic liners under the waste disposal areas and requires leachate collection systems to be installed above and below the uppermost liner; (iv) the permit requires all groundwater monitoring wells located within the facility's boundary and between the landfill and any water supply intake to be sampled quarterly and the results reported to the Department within 15 days of the owner or operator receiving the laboratory analysis; and (v) the proposed landfill meets any other conditions deemed necessary by the Director, in consultation with the Commissioner of Health, to protect against groundwater and surface water contamination. In the Counties of Mecklenburg and Halifax, a new municipal solid waste landfill may be exempt from the provisions of this subdivision and may be constructed within a shorter distance from an existing surface or groundwater public water supply intake or reservoir if the Director determines that such distance would not be detrimental to human health and the environment;</p><p>4. In any area vulnerable to flooding resulting from dam failures;</p><p>5. Over a sinkhole or less than 100 feet above a solution cavern associated with karst topography;</p><p>6. In any park or recreational area, wildlife management area or area designated by any federal or state agency as the critical habitat of any endangered species; or</p><p>7. Over an active fault.</p><p>C. There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to public water supplies, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.</p><p>1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0613'>613</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0947'>947</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0767'>767</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0834'>834</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0920'>920</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/chapter14/section10.1-1408.4/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1408.5
|
10.1-1408.5
|
Special provisions regarding wetlands
|
<p>A. The Director shall not issue any solid waste permit for a new municipal solid waste landfill or the expansion of a municipal solid waste landfill that would be sited in a wetland, provided that this subsection shall not apply to subsection B or the (i) expansion of an existing municipal solid waste landfill located in the City of Danville or the City of Suffolk when the owner or operator of the landfill is an authority created pursuant to § <a href='http://law.lis.virginia.gov/vacode/15.2-5102/'>15.2-5102</a> that has applied for a permit under § 404 of the federal Clean Water Act prior to January 1, 1989, and the owner or operator has received a permit under § 404 of the federal Clean Water Act and the Virginia Water Resources and Wetlands Protection Program, Article 2.2 (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.15:20/'>62.1-44.15:20</a> et seq.) of Chapter 3.1 of Title 62.1, or (ii) construction of a new municipal solid waste landfill in Mecklenburg County and provided that the municipal solid waste landfills covered under clauses (i) and (ii) have complied with all other applicable federal and state environmental laws and regulations. It is expressly understood that while the provisions of this section provide an exemption to the general siting prohibition contained herein; it is not the intent in so doing to express an opinion on whether or not the project should receive the necessary environmental and regulatory permits to proceed. For the purposes of this section, the term "expansion of a municipal solid waste landfill" shall include the siting and construction of new cells or the expansion of existing cells at the same location.</p><p>B. The Director may issue a solid waste permit for the expansion of a municipal solid waste landfill located in a wetland only if the following conditions are met: (i) the proposed landfill site is at least 100 feet from any surface water body and at least one mile from any tidal wetland; (ii) the Director determines, based upon the existing condition of the wetland system, including, but not limited to, sedimentation, toxicity, acidification, nitrification, vegetation, and proximity to existing permitted waste disposal areas, roads or other structures, that the construction or restoration of a wetland system in another location in accordance with a Virginia Water Protection Permit approved by the State Water Control Board would provide higher quality wetlands; and (iii) the permit requires a minimum two-to-one wetlands mitigation ratio. This subsection shall not apply to the exemptions provided in clauses (i) and (ii) of subsection A.</p><p>C. Ground water monitoring shall be conducted at least quarterly by the owner or operator of any existing solid waste management landfill, accepting municipal solid waste, that was constructed on a wetland, has a potential hydrologic connection to such a wetland in the event of an escape of liquids from the facility, or is within a mile of such a wetland, unless the Director determines that less frequent monitoring is necessary. This provision shall not limit the authority of the Board or the Director to require that monitoring be conducted more frequently than quarterly. If the landfill is one that accepts only ash, ground water monitoring shall be conducted semiannually, unless more frequent monitoring is required by the Board or the Director. All results shall be reported to the Department.</p><p>D. This section shall not apply to landfills which impact less than two acres of nontidal wetlands.</p><p>E. For purposes of this section, "wetland" means any tidal wetland or nontidal wetland contiguous to any tidal wetland or surface water body.</p><p>F. There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to wetlands, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.</p><p>1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0876'>876</a>; 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0767'>767</a>; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0920'>920</a>; 2007, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0659'>659</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?071+ful+CHAP0813'>813</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/chapter14/section10.1-1408.5/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1409
|
10.1-1409
|
Revocation or amendment of permits
|
<p>A. Any permit issued by the Director pursuant to this article may be revoked, amended or suspended on any of the following grounds or on such other grounds as may be provided by the regulations of the Board:</p><p>1. The permit holder has violated any regulation or order of the Board, any condition of a permit, any provision of this chapter, or any order of a court, where such violation results in a release of harmful substances into the environment or poses a threat of release of harmful substances into the environment or presents a hazard to human health, or the violation is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrate the permittee's disregard for or inability to comply with applicable laws, regulations or requirements;</p><p>2. The sanitary landfill or other facility used for disposal, storage or treatment of solid waste is maintained or operated in such a manner as to pose a substantial present or potential hazard to human health or the environment;</p><p>3. The sanitary landfill, or other facility used for the disposal, storage or treatment of solid waste, because of its location, construction or lack of protective construction or measures to prevent pollution, poses a substantial present or potential hazard to human health or the environment;</p><p>4. Leachate or residues from the sanitary landfill or other facility used for the disposal, storage or treatment of solid waste pose a substantial threat of contamination or pollution of the air, surface waters or ground water;</p><p>5. The person to whom the permit was issued abandons or ceases to operate the facility, or sells, leases or transfers the facility without properly transferring the permit in accordance with the regulations of the Board;</p><p>6. As a result of changes in key personnel, the Director finds that the requirements necessary for issuance of a permit are no longer satisfied;</p><p>7. The applicant has knowingly or willfully misrepresented or failed to disclose a material fact in applying for a permit or in his disclosure statement, or in any other report or certification required under this law or under the regulations of the Board, or has knowingly or willfully failed to notify the Director of any material change to the information in its disclosure statement; or</p><p>8. Any key personnel has been convicted of any of the following crimes punishable as felonies under the laws of the Commonwealth or the equivalent thereof under the laws of any other jurisdiction: murder; kidnapping; gambling; robbery; bribery; extortion; criminal usury; arson; burglary; theft and related crimes; forgery and fraudulent practices; fraud in the offering, sale, or purchase of securities; alteration of motor vehicle identification numbers; unlawful manufacture, purchase, use or transfer of firearms; unlawful possession or use of destructive devices or explosives; violation of the Drug Control Act, Chapter 34 (§ <a href='http://law.lis.virginia.gov/vacode/54.1-3400/'>54.1-3400</a> et seq.) of Title 54.1; racketeering; violation of antitrust laws; or has been adjudged by an administrative agency or a court of competent jurisdiction to have violated the environmental protection laws of the United States, the Commonwealth or any other state and the Director determines that such conviction or adjudication is sufficiently probative of the applicant's inability or unwillingness to operate the facility in a lawful manner, as to warrant denial, revocation, amendment or suspension of the permit.</p><p>In making such determination, the Director shall consider:</p><p>(a) The nature and details of the acts attributed to key personnel;</p><p>(b) The degree of culpability of the applicant, if any;</p><p>(c) The applicant's policy or history of discipline of key personnel for such activities;</p><p>(d) Whether the applicant has substantially complied with all rules, regulations, permits, orders and statutes applicable to the applicant's activities in Virginia;</p><p>(e) Whether the applicant has implemented formal management controls to minimize and prevent the occurrence of such violations; and</p><p>(f) Mitigation based upon demonstration of good behavior by the applicant including, without limitation, prompt payment of damages, cooperation with investigations, termination of employment or other relationship with key personnel or other persons responsible for the violations or other demonstrations of good behavior by the applicant that the Director finds relevant to its decision.</p><p>B. The Director may amend or attach conditions to a permit when:</p><p>1. There is a significant change in the manner and scope of operation which may require new or additional permit conditions or safeguards to protect the public health and environment;</p><p>2. There is found to be a possibility of pollution causing significant adverse effects on the air, land, surface water or ground water;</p><p>3. Investigation has shown the need for additional equipment, construction, procedures and testing to ensure the protection of the public health and the environment from significant adverse effects; or</p><p>4. The amendment is necessary to meet changes in applicable regulatory requirements.</p><p>C. If the Director finds that solid wastes are no longer being stored, treated or disposed at a facility in accordance with Board regulations, he may revoke the permit issued for such facility. As a condition to granting or continuing in effect a permit, he may also require the permittee to provide perpetual care and surveillance of the facility.</p><p>D. If the Director summarily suspends a permit pursuant to subdivision 18 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a>, the Director shall hold a conference pursuant to § <a href='http://law.lis.virginia.gov/vacode/2.2-4019/'>2.2-4019</a> within forty-eight hours to consider whether to continue the suspension pending a hearing to amend or revoke the permit, or to issue any other appropriate order. Notice of the hearing shall be delivered at the conference or sent at the time the permit is suspended. Any person whose permit is suspended by the Director shall cease activity for which the permit was issued until the permit is reinstated by the Director or by a court.</p><p>1986, c. 492, § 10-272; 1988, cc. 569, 891; 1990, c. 919.</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/chapter14/section10.1-1409/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1410
|
10.1-1410
|
Financial responsibility for abandoned facilities; penalties
|
<p>A. The Board shall promulgate regulations which ensure that if a facility for the disposal, transfer, or treatment of solid waste is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person abandoning the facility. A facility that receives solid waste from a ship, barge or other vessel and is regulated under § <a href='http://law.lis.virginia.gov/vacode/10.1-1454.1/'>10.1-1454.1</a> shall be considered a transfer facility for the purposes of this subsection.</p><p>B. The regulations may include provisions for bonding, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or such other mechanism as the Department may deem appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the solid waste, the cost of disposal of the solid waste and the cost of restoring the facility to a safe condition. Any bonding requirements shall include a provision authorizing the use of personal bonds or other similar surety deemed sufficient to provide the protections specified in subsection A upon a finding by the Director that commercial insurance or surety bond cannot be obtained in the voluntary market due to circumstances beyond the control of the permit holder. Any commercial insurance or surety obtained in the voluntary market shall be written by an insurer licensed pursuant to Chapter 10 (§ <a href='http://law.lis.virginia.gov/vacode/38.2-1000/'>38.2-1000</a> et seq.) of Title 38.2.</p><p>C. No state governmental agency shall be required to comply with such regulations.</p><p>D. Forfeiture of any financial obligation imposed pursuant to this section shall not relieve any holder of a permit issued pursuant to the provisions of this article of any other legal obligations for the consequences of abandonment of any facility.</p><p>E. Any funds forfeited prior to July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the county, city or town in which the abandoned facility is located. The county, city or town in which the facility is located shall expend forfeited funds as necessary to restore and maintain the facility in a safe condition.</p><p>F. Any funds forfeited on or after July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the Director. The Director shall then expend forfeited funds as necessary solely to restore and maintain the facility in a safe condition. Nothing in this section shall require the Director to expend funds from any other source to carry out the activities contemplated under this subsection.</p><p>G. Any person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close 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 for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.</p><p>Any person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close 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>1986, c. 492, § 10-273; 1987, cc. 258, 291; 1988, c. 891; 1991, c. 702; 1993, c. 837; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0739'>739</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0137'>137</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0138'>138</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/chapter14/section10.1-1410/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1410.1
|
10.1-1410.1
|
Sanitary landfill final closure plans; notification requirements
|
<p>When any owner or operator of a sanitary landfill submits by certified mail a final closure plan in accordance with the requirements of this chapter and the regulations adopted thereunder, the Department shall within ninety days of its receipt of such plan, notify by certified mail the owner or operator of the Department's decision to approve or disapprove the final closure plan. The ninety-day period shall begin on the day the Department receives the plan by certified mail.</p><p>1988, cc. 332, 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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1410.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1410.2
|
10.1-1410.2
|
Landfill postclosure monitoring, maintenance and plans
|
<p>A. The owner and operator of any solid waste landfill permitted under this chapter shall be responsible for ensuring that such landfill is properly closed in accordance with the Board's regulations and that the landfill is maintained and monitored after closure so as to protect human health and the environment. Maintenance and monitoring of solid waste landfills after closure shall be in accordance with the Board's regulations. At all times during the operational life of a solid waste landfill, the owner and operator shall provide to the Director satisfactory evidence of financial assurance consistent with all federal and state laws and regulations to ensure that the landfill will be:</p><p>1. Closed in accordance with the Board's regulations and the closure plan approved for the landfill; and</p><p>2. Monitored and maintained after closure, for such period of time as provided in the Board's regulations or for such additional period as the Director shall determine is necessary, in accordance with a postclosure plan approved by the Director.</p><p>B. Not less than 180 days prior to the completion of the postclosure monitoring and maintenance period as prescribed by the Board's regulations or by the Director, the owner or operator shall submit to the Director a certificate, signed by a professional engineer licensed in the Commonwealth, that postclosure monitoring and maintenance have been completed in accordance with the postclosure plan. The certificate shall be accompanied by an evaluation, prepared by a professional engineer licensed in the Commonwealth and signed by the owner or operator, assessing and evaluating the landfill's potential for harm to human health and the environment in the event that postclosure monitoring and maintenance are discontinued. If the Director determines that continued postclosure monitoring or maintenance is necessary to prevent harm to human health or the environment, he shall extend the postclosure period for such additional time as the Director deems necessary to protect human health and the environment and shall direct the owner or operator to submit a revised postclosure plan and to continue postclosure monitoring and maintenance in accordance therewith. Requirements for financial assurance as set forth in subsection A shall apply throughout such extended postclosure period.</p><p>1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0613'>613</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0947'>947</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/chapter14/section10.1-1410.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1410.3
|
10.1-1410.3
|
Operating burn pits at closed landfills
|
<p>The Department shall develop policies and procedures to allow for the infrequent burning of vegetative waste at permitted landfills that have ceased accepting waste but have not been released from postclosure care requirements. The policies and procedures developed shall include measures to ensure protection of public health and the environment, including (i) limits to the amount of vegetative waste that may be burned, (ii) the types of materials that may be burned, (iii) the frequency of the burning, (iv) the length of time the burning occurs, and (v) an evaluation of other alternatives for managing the vegetative waste. Nothing in this section shall be construed to prohibit a city or locality from exercising its authority to regulate such facilities by requiring among other things, permits or approvals.</p><p>2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0019'>19</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/chapter14/section10.1-1410.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1411
|
10.1-1411
|
Regional and local solid waste management plans
|
<p>A. The Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans.</p><p>To implement regional plans, the Governor may designate regional boundaries. The governing bodies of the counties, cities and towns within any region so designated shall be responsible for the development and implementation of a comprehensive regional solid waste management plan in cooperation with any planning district commission or commissions in the region. Where a county, city or town is not part of a regional plan, it shall develop and implement a local solid waste management plan in accordance with the Board's regulations. For purposes of this section, each region or locality so designated shall constitute a solid waste planning unit.</p><p>B. The Board's regulations shall include all aspects of solid waste management including waste reduction, recycling and reuse, storage, treatment, and disposal and shall require that consideration be given to the handling of all types of nonhazardous solid waste generated in the region or locality. In promulgating such regulations, the Board shall consider urban concentrations, geographic conditions, markets, transportation conditions, and other appropriate factors and shall provide for reasonable variances and exemptions thereto, as well as variances or exemptions from the minimum recycling rates specified herein when market conditions beyond the control of a county, city, town, or region make such mandatory rates unreasonable.</p><p>C. The Board's regulations shall permit the following credits, provided that the aggregate of all such credits permitted shall not exceed five percentage points of the annual municipal solid waste recycling rate achieved for each solid waste planning unit:</p><p>1. A credit of one ton for each ton of recycling residue generated in Virginia and deposited in a landfill permitted under subsection M of § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.1/'>10.1-1408.1</a>;</p><p>2. A credit of two percentage points of the minimum recycling rate mandated for the solid waste planning unit for a source reduction program that is implemented with the solid waste planning unit. The existence and operation of such a program shall be certified by the solid waste planning unit;</p><p>3. A credit of one ton for each ton of any solid waste material that is reused; and</p><p>4. A credit of one ton for each ton of any nonmunicipal solid waste material that is recycled.</p><p>D. Each solid waste planning unit shall maintain a minimum recycling rate for municipal solid waste generated within the solid waste planning unit pursuant to the following schedule:</p><p>1. Except as provided in subdivision 2, each solid waste planning unit shall maintain a minimum 25 percent recycling rate; or</p><p>2. Each solid waste planning unit shall maintain a minimum 15 percent recycling rate if it has (i) a population density rate of less than 100 persons per square mile according to the most recent United States Census, or (ii) a not seasonally adjusted civilian unemployment rate for the immediately preceding calendar year that is at least 50 percent greater than the state average as reported by the Virginia Employment Commission for such year.</p><p>After July 1, 2007, no permit for a new sanitary landfill, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill, incinerator, or waste-to-energy facility shall be issued until the solid waste planning unit within which the facility is located has a solid waste management plan approved by the Board in accordance with the regulations, except as provided in this subsection. Failure to attain a mandated municipal solid waste recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management plan for the planning unit are in compliance with the regulations. The provisions of this subsection shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto.</p><p>E. Each solid waste planning unit or locality with a population of greater than 100,000 persons according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality annually. Each solid waste planning unit or locality with a population of 100,000 or less according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality once every four years. Recycling survey reports submitted once every four years shall only be required to include information for the most recent single year. The first reports submitted pursuant to this section shall be submitted by April 30, 2013, for the reporting year ending December 31, 2012.</p><p>F. If a county levies a consumer utility tax and the ordinance provides that revenues derived from such source, to the extent necessary, be used for solid waste disposal, the county may charge a town or its residents, establishments and institutions an amount not to exceed their pro rata cost, based upon population for such solid waste management if the town levies a consumer utility tax. This shall not prohibit a county from charging for disposal of industrial or commercial waste on a county-wide basis, including that originating within the corporate limits of towns.</p><p>1986, c. 492, § 10-274; 1987, c. 249; 1988, c. 891; 1989, c. 440; 1990, cc. 574, 781; 1991, c. 237; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0216'>216</a>; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0495'>495</a>; 2006, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0007'>7</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0040'>40</a>; 2012, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?121+ful+CHAP0834'>834</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/chapter14/section10.1-1411/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1412
|
10.1-1412
|
Contracts by counties, cities and towns
|
<p>Any county, city or town may enter into contracts for the supply of solid waste to resource recovery facilities.</p><p>1986, c. 492, § 10-275; 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/chapter14/section10.1-1412/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1413
|
10.1-1413
|
State aid to localities for solid waste disposal
|
<p>A. To assist localities in the collection, transportation, disposal and management of solid waste in accordance with federal and state laws, regulations and procedures, each county, city and town may receive for each fiscal year from the general fund of the state treasury sums appropriated for such purposes. The Director shall distribute such grants on a quarterly basis, in advance, in accordance with Board regulations, to those counties, cities and towns which submit applications therefor.</p><p>B. Any county, city or town applying for and receiving such funds shall utilize the funds only for the collection, transportation, disposal or management of solid waste. The Director shall cause the use and expenditure of such funds to be audited and all funds not used for the specific purposes stated herein shall be refunded to the general fund.</p><p>C. All funds granted under the provisions of this section shall be conditioned upon and subject to the satisfactory compliance by the county, city or town with applicable federal and state legislation and regulations. The Director may conduct periodic inspections to ensure satisfactory compliance.</p><p>1986, c. 492, § 10-276; 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/chapter14/section10.1-1413/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1413.1
|
10.1-1413.1
|
Waste information and assessment program
|
<p>A. The Department shall report by June 30 of each year the amount of solid waste, by weight or volume, disposed of in the Commonwealth during the preceding calendar year. The report shall identify solid waste by the following categories: (i) municipal solid waste; (ii) construction and demolition debris; (iii) incinerator ash; (iv) sludge other than sludge that is land applied in accordance with § <a href='http://law.lis.virginia.gov/vacode/62.1-44.19:3/'>62.1-44.19:3</a>; and (v) tires. For each such category the report shall include an estimate of the amount that was generated outside of the Commonwealth and the jurisdictions where such waste originated, if known. The report shall also estimate the amount of solid waste managed or disposed of by each of the following methods: (i) recycling; (ii) composting; (iii) landfilling; and (iv) incineration.</p><p>B. All permitted facilities that treat, store or dispose of solid waste shall provide the Department not more than annually, upon request, with such information in their possession as is reasonably necessary to prepare the report required by this section. At the option of the facility owner, the data collected may include an accounting of the facility's economic benefits to the locality where the facility is located including the value of disposal and recycling facilities provided to the locality at no cost or reduced cost, direct employment associated with the facility, and other economic benefits resulting from the facility during the preceding calendar year. No facility shall be required pursuant to this section to provide information that is a trade secret as defined in § <a href='http://law.lis.virginia.gov/vacode/59.1-336/'>59.1-336</a>.</p><p>C. This section shall not apply to captive waste management facilities.</p><p>1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0512'>512</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/chapter14/section10.1-1413.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1413.2
|
10.1-1413.2
|
Requirements for landfill closure
|
<p>The Department shall prioritize the closure of landfills that are owned by local governments or political subdivisions, or that are located in the locality and have been abandoned in violation of this chapter, and are not equipped with liner and leachate control systems meeting the requirements of the Board's regulations. The prioritization shall be based on the greatest threat to human health and the environment. The Department shall establish a schedule, after public notice and a period for public comment, based upon that prioritization requiring municipal solid waste landfills to cease accepting solid waste in, and to prepare financial closure plans for, disposal areas permitted before October 9, 1993. No municipal solid waste landfill may continue accepting waste after 2020 in any disposal area not equipped with a liner system approved by the Department pursuant to a permit issued after October 9, 1993. Notwithstanding the provisions of subsection N of § <a href='/vacode/10.1-1408.1/'>10.1-1408.1</a>, failure by a landfill owner or operator to comply with the schedule established by the Department shall be a violation of this chapter. The provisions of this section shall not apply to municipal solid waste landfills utilizing double synthetic liner systems permitted between December 21, 1988, and October 9, 1993, that are part of a post-mining land use plan approved under Chapter 10 (§ <a href='/vacode/45.2-1000/'>45.2-1000</a> et seq.) of Title 45.2.</p><p>1999, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0584'>584</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0613'>613</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0947'>947</a>; 2000, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0308'>308</a>; 2002, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0492'>492</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0518'>518</a>; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0872'>872</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/chapter14/section10.1-1413.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1413.3
|
10.1-1413.3
|
Testing private wells and public water supply wells near coal ash ponds; resident notification
|
<p>A. For the purposes of this section:</p><p>"Coal ash pond" means any natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of coal combustion residuals and liquids; (ii) treats, stores, or disposes of coal combustion residuals; and (iii) is located in the Chesapeake Bay watershed at the Bremo Power Station in Fluvanna County, Chesapeake Energy Center in the City of Chesapeake, Chesterfield Power Station in Chesterfield County, or Possum Point Power Station in Prince William County.</p><p>"Utility" means the owner or operator of a coal ash pond.</p><p>B. No later than October 1, 2020, each utility shall submit to the Department a complete survey identifying all private wells and public water supply wells within 1.5 miles of any coal ash pond boundary. The utility shall use reasonable efforts to determine the locations of all such wells within 1.5 miles of the coal ash pond boundary and shall not rely solely on records maintained by the Virginia Department of Health or other public records. Such reasonable efforts shall include the distribution of notices that explain the purpose of the survey to each landowner. The utility shall distribute such notices through the United States mail to the owner of each parcel of land any part of which is located within 1.5 miles of a coal ash pond boundary and shall post a notice in at least one newspaper of general circulation in the locality.</p><p>2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0625'>625</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/chapter14/section10.1-1413.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1414
|
10.1-1414
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Advisory Board" means the Litter Control and Recycling Fund Advisory Board.</p><p>"Beneficial use" means a use that is of benefit as a substitute for natural or commercial products and does not contribute to adverse effects on health or the environment. Beneficial use products are produced by facilities that include beneficiation facilities and recycling centers.</p><p>"Beneficiation facility" means a facility that uses methods including sorting by color, removal of contaminants, crushing, grinding, screening, grading, and monitoring of size and quality to produce clean, crushed glass cullet that satisfies the specifications of the end user of the cullet, including a manufacturer of glass containers or fiberglass.</p><p>"Disposable package" or "container" means all packages or containers intended or used to contain solids, liquids or materials and so designated.</p><p>"Expanded polystyrene food service container" means a rigid single-use container made primarily of expanded polystyrene and used in the restaurant and food service industry for serving or transporting prepared, ready-to-consume food or beverages. "Expanded polystyrene food service container" includes plates, cups, bowls, trays, and hinged containers but does not include packaging for unprepared foods or packaging, including a cooler, used in the shipment of food.</p><p>"Food vendor" means an establishment that provides prepared food for public consumption on or off its premises and includes a store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, or catering truck or vehicle; any other person who provides prepared food; and any individual, organization, group, or state or local government entity that regularly provides food as a part of its services.</p><p>"Fund" means the Litter Control and Recycling Fund.</p><p>"Litter" means all waste material disposable packages or containers but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing.</p><p>"Litter bag" means a bag, sack, or durable material which is large enough to serve as a receptacle for litter inside a vehicle or watercraft which is similar in size and capacity to a state approved litter bag.</p><p>"Litter receptacle" means containers acceptable to the Department for the depositing of litter.</p><p>"Person" means any natural person, corporation, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary, or representative or group of individuals or entities of any kind.</p><p>"Prepared food" means a food or beverage prepared for consumption on or off a food vendor's premises, using any cooking or food preparation technique. "Prepared food" does not include raw or uncooked meat, fish, or eggs provided without further food preparation.</p><p>"Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests.</p><p>"Recycling" means the process of separating a given waste material from the waste stream and processing it so that it may be used again as a raw material for a product which may or may not be similar to the original product.</p><p>"Recycling center" means a facility that (i) accepts recyclable materials that have already been separated at the source from municipal solid waste generated by either residential or commercial producers; (ii) processes source segregated recyclable materials, including mixed-paper fiber materials, metal and plastic postconsumer containers, and glass containers; and (iii) processes and sells recyclable materials according to end-user specifications. "Recycling center" does not include a facility for construction and demolition debris processing, sorting of municipal solid waste, incineration, sorting or processing of industrial waste, composting, or used tire processing.</p><p>"Sold within the Commonwealth" or "sales of the business within the Commonwealth" means all sales of retailers engaged in business within the Commonwealth and in the case of manufacturers and wholesalers, sales of products for use and consumption within the Commonwealth.</p><p>"Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any person or property may be transported upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.</p><p>"Watercraft" means any boat, ship, vessel, barge, or other floating craft.</p><p>1987, c. 234, § 10-277.1; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</a>; 2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0615'>615</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0262'>262</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/chapter14/section10.1-1414/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1415
|
10.1-1415
|
Litter Control Program
|
<p>The Department shall support local, regional, and statewide programs to control, prevent, and eliminate litter from the Commonwealth and to encourage the recycling and beneficial use of discarded materials to the maximum practical extent. Every department of state government and all governmental units and agencies of the Commonwealth shall cooperate with the Department in the administration and enforcement of this article.</p><p>This article is intended to add to and coordinate existing litter control removal and recycling efforts, and not to terminate existing efforts nor, except as specifically stated, to repeal or affect any state law governing or prohibiting litter or the control and disposition of waste.</p><p>1987, c. 234, § 10-277; 1988, c. 891; 1989, c. 284; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</a>; 2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0615'>615</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/chapter14/section10.1-1415/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1415.1
|
10.1-1415.1
|
Labeling of plastic container products required; penalty
|
<p>A. It shall be unlawful for any person to sell, expose for sale, or distribute any plastic bottle or rigid plastic container unless the container is labeled indicating the plastic resin used to produce the container. Such label shall appear on or near the bottom of the container, be clearly visible, and consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer (arrowhead) of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow. The triangle, formed by three arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters shall be as follows:</p><p>1. For polyethylene terepthalate, the letters "PETE" and the number 1.</p><p>2. For high density polyethylene, the letters "HDPE" and the number 2.</p><p>3. For vinyl, the letter "V" and the number 3.</p><p>4. For low density polyethylene, the letters "LDPE" and the number 4.</p><p>5. For polypropylene, the letters "PP" and the number 5.</p><p>6. For polystyrene, the letters "PS" and the number 6.</p><p>7. For any other plastic resin, the letters "OTHER" and the number 7.</p><p>B. As used in subsection A of this section:</p><p>"Container," unless otherwise specified, refers to "rigid plastic container" or "plastic bottle" as those terms are defined below.</p><p>"Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the container, accepts a screw-type, snap cap or other closure and has a capacity of sixteen fluid ounces or more but less than five gallons.</p><p>"Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.</p><p>C. Any person convicted of a violation of the provisions of subsection A of this section shall be punished by a fine of not more than fifty dollars. Each day of violation shall constitute a separate offense.</p><p>1990, c. 519.</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/chapter14/section10.1-1415.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1415.2
|
10.1-1415.2
|
Plastic holding device prohibited
|
<p>A. On and after January 1, 1993, it shall be unlawful to sell or offer for sale beverage containers connected to each other, using rings or other devices constructed of plastic which is not degradable or recyclable.</p><p>B. For the purpose of this section:</p><p>"Beverage container" means the individual bottle, can, jar, or other sealed receptacle, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. "Beverage container" does not include cups or other similar open or loosely sealed containers.</p><p>"Degradable" means decomposition by photodegradation or biodegradation within a reasonable period of time upon exposure to natural elements.</p><p>1991, c. 209.</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/chapter14/section10.1-1415.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1416
|
10.1-1416
|
Collection and survey of litter
|
<p>Collections and surveys of the kinds of litter that are discarded in violation of the laws of the Commonwealth shall be conducted as the need is determined by the Department, after receipt of the recommendations of the Advisory Board, or as directed by the General Assembly. The survey shall include litter found throughout the Commonwealth, including standard metropolitan statistical areas and rural and recreational areas. To the fullest extent possible, in standard metropolitan statistical areas the Department of Transportation shall make use of local litter and trash collection services through arrangements with local governing bodies and appropriate agencies, in the discharge of the duties imposed by this section. The Department of Transportation shall report to the Governor, the General Assembly and the Department as to the amount of litter collected pursuant to this section and shall include in its report an analysis of litter types, their weights and volumes, and, where practicable, the recyclability of the types of products, packages, wrappings and containers which compose the principal amounts of the litter collected. The products whose packages, wrappings and containers constitute the litter shall include, but not be limited to the following categories:</p><p>1. Food for human or pet consumption;</p><p>2. Groceries;</p><p>3. Cigarettes and tobacco products;</p><p>4. Soft drinks and carbonated waters;</p><p>5. Beer and other malt beverages;</p><p>6. Wine;</p><p>7. Newspapers and magazines;</p><p>8. Paper products and household paper;</p><p>9. Glass containers;</p><p>10. Metal containers;</p><p>11. Plastic or fiber containers made of synthetic material;</p><p>12. Cleaning agents and toiletries;</p><p>13. Nondrug drugstore sundry products;</p><p>14. Distilled spirits; and</p><p>15. Motor vehicle parts.</p><p>1987, c. 234, § 10-277.3; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</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/chapter14/section10.1-1416/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1417
|
10.1-1417
|
Enforcement of article
|
<p>The Department shall have the authority to contract with other state and local governmental agencies having law-enforcement powers for services and personnel reasonably necessary to carry out the provisions of this article. In addition, all law-enforcement officers in the Commonwealth and those employees of the Department of Wildlife Resources vested with police powers shall enforce the provisions of this article and regulations adopted hereunder, and are hereby empowered to arrest without warrant, persons violating any provision of this article or any regulations adopted hereunder. The foregoing enforcement officers may serve and execute all warrants and other process issued by the courts in enforcing the provisions of this article and regulations adopted hereunder.</p><p>1987, c. 234, § 10-277.4; 1988, c. 891; 2020, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?201+ful+CHAP0958'>958</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/chapter14/section10.1-1417/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418
|
10.1-1418
|
Penalty for violation of article
|
<p>Every person convicted of a violation of this article for which no penalty is specifically provided shall be punished by a fine of not more than fifty dollars for each such violation.</p><p>1987, c. 234, § 10-277.5; 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/chapter14/section10.1-1418/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418.1
|
10.1-1418.1
|
Improper disposal of solid waste; civil penalties
|
<p>A. It shall be the duty of all persons to dispose of their solid waste in a legal manner.</p><p>B. Any owner of real estate in this Commonwealth, including the Commonwealth or any political subdivision thereof, upon whose property a person improperly disposes of solid waste without the landowner's permission, shall be entitled to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed upon land owned by the Commonwealth, any resident of the Commonwealth shall have standing to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed of upon land owned by any political subdivision of this Commonwealth, any resident of that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste. When any person improperly disposes of solid waste upon land within the jurisdiction of any political subdivision, that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste.</p><p>C. In any civil action brought pursuant to the provisions of this section, when the plaintiff establishes by a preponderance of the evidence that (i) the solid waste or any portion thereof had been in possession of the defendant prior to being improperly disposed of on any of the properties referred to in subsection A of this section and (ii) no permission had been given to the defendant to place the solid waste on such property, there shall be a rebuttable presumption that the defendant improperly disposed of the solid waste. When the solid waste has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall in any civil action be presumed to be the person ejecting such matter. However, such presumption shall be rebuttable by competent evidence. This presumption shall not be applicable to a motor vehicle rental or leasing company that owns the vehicle.</p><p>D. Whenever a court finds that a person has improperly disposed of solid waste pursuant to the provisions of this section, the court shall assess a civil penalty of up to $5,000 against such defendant. All civil penalties assessed pursuant to this section 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.) of this title, except as provided in subsection E.</p><p>E. Any civil penalty assessed pursuant to this section in a civil action brought by a political subdivision shall be paid into the treasury of the political subdivision, except where the violator of this section is the political subdivision or its agent.</p><p>F. A court may award any person or political subdivision bringing suit pursuant to this section the cost of suit and reasonable attorney's fees.</p><p>1990, c. 430; 1991, c. 718; 1992, c. 27; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0353'>353</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/chapter14/section10.1-1418.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418.2
|
10.1-1418.2
|
Improper disposal of tires; exemption; penalty
|
<p>A. For the purposes of this section:</p><p>"Convenience center" means a collection point for the temporary storage of waste tires provided for individuals who choose to transport waste tires generated on their own premises to an established centralized point, rather than directly to a disposal facility. To be classified as a convenience center, the collection point shall not receive waste tires from collection vehicles that have collected waste from more than one real property owner. A convenience center shall have a system of regularly scheduled collections and may be covered or uncovered.</p><p>"Speculatively accumulated waste tires" means any waste tires that are accumulated before being used, reused, or reclaimed or in anticipation of potential use, reuse, or reclamation. Waste tires are not being accumulated speculatively when at least 75 percent of the waste tires accumulated are being removed from the site annually.</p><p>B. It shall be unlawful for any person to store, dispose of, speculatively accumulate or otherwise place more than 100 waste tires on public or private property, without first having obtained a permit as required by § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.1/'>10.1-1408.1</a> or in a manner inconsistent with any local ordinance. No person shall allow others to store, dispose of, speculatively accumulate or otherwise place on his property more than 100 waste tires, without first having obtained a permit as required by § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.1/'>10.1-1408.1</a>.</p><p>C. Any person who knowingly violates any provision of this section shall be guilty of a Class 1 misdemeanor. However, any person who knowingly violates any provision of this section and such violation involves 500 or more waste tires shall be guilty of a Class 6 felony.</p><p>D. Salvage yards licensed by the Department of Motor Vehicles shall be exempt from this section, provided that they are holding fewer than 300 waste tires and that the waste tires do not pose a hazard or a nuisance or present a threat to human health and the environment.</p><p>E. As used in this section, the terms "store" and "otherwise place" shall not be construed as meaning the holding of fewer than 500 tires for bona fide uses related to the growing, harvesting or processing of agricultural or forest products.</p><p>F. The provisions of this section shall not apply to the (i) storage of less than 1,500 waste tires in a container at a convenience center or at a salvage yard licensed by the Department of Motor Vehicles, as long as the tires are not being speculatively accumulated, or (ii) storage of tires for recycling or for processing to use in manufacturing a new product, as long as the tires are not being speculatively accumulated.</p><p>G. The provisions of this section shall not apply to the storage of tires for recycling or for processing to use in manufacturing a new product, as long as the tires are not being speculatively accumulated.</p><p>H. Nothing in this section shall limit enforcement of the prohibitions against littering and the improper disposal of solid waste contained elsewhere in this chapter.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0556'>556</a>; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0353'>353</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0101'>101</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/chapter14/section10.1-1418.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418.3
|
10.1-1418.3
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Liability for large waste tire pile fires; exclusions
|
<p>A. For the purposes of this section:</p><p>"Tire pile" means an unpermitted accumulation of more than 100 waste tires.</p><p>B. For any tire pile that (i) is included in the survey of waste tire piles completed by the Department in 1993 or (ii) contains tires that were placed on property with the consent of the property owner, any person who owns or is legally responsible for such a tire pile that burns or is burned and any person who owns or is legally responsible for the property where the tire pile is located shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other person who set or caused to be set the fire that burns the tires. Damages include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any other liability authorized by statute or regulation. Without limiting what constitutes consent, acceptance of compensation for the placement of tires on one's property shall be deemed to be consent.</p><p>C. Any person who sets or causes to be set the fire that burns the tire pile shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other persons who set or caused to be set the fire that burns the tires. Damages shall include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any liability authorized by statute or regulation.</p><p>D. Any person who transfers waste tires for disposition and has taken all reasonable steps to ensure proper disposition of the waste tires shall not be held liable under the standard set forth in this section. Documentation that a person has taken all reasonable steps to ensure proper disposition of the waste tires may include, but is not limited to, utilization of the Waste Tire Certification developed by the Department and any equivalent manifest or tracking system.</p><p>1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0734'>734</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0101'>101</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/chapter14/section10.1-1418.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418.4
|
10.1-1418.4
|
Removal of waste tire piles; cost recovery; right of entry
|
<p>Notwithstanding any other provision, upon the failure of any owner or operator to remove or remediate a waste tire pile in accordance with an order issued pursuant to this chapter or § <a href='http://law.lis.virginia.gov/vacode/10.1-1186/'>10.1-1186</a>, the Director may enter the property and remove the waste tires. The Director is authorized to recover from the owner of the site or the operator of the tire pile the actual and reasonable costs incurred to complete such removal or remediation. If a request for reimbursement is not paid within 30 days of the receipt of a written demand for reimbursement, the Director may refer the demand for reimbursement to the Attorney General for collection or may secure a lien in accordance with § <a href='http://law.lis.virginia.gov/vacode/10.1-1418.5/'>10.1-1418.5</a>.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0101'>101</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/chapter14/section10.1-1418.4/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1418.5
|
10.1-1418.5
|
Lien for waste tire pile removal
|
<p>A. The Commonwealth shall have a lien, if perfected as hereinafter provided, on land subject to removal action under § <a href='http://law.lis.virginia.gov/vacode/10.1-1418.4/'>10.1-1418.4</a> for the amount of the actual and reasonable costs incurred to complete such removal action.</p><p>B. The Director shall perfect the lien given under the provisions of this section by filing, within six months after completion of the removal, in the clerk's office of the court of the county or city in which the land or any part of the land is situated, a statement consisting of (i) the name of the owner of record of the property sought to be charged, (ii) an itemized account of moneys expended for the removal work, and (iii) a brief description of the property to which the lien attaches.</p><p>C. It shall be the duty of the clerk of the court in whose office the statement described in subsection B is filed to record the statement in the deed books of the office and to index the statement in the general index of deeds in the name of the Commonwealth as well as the owner of the property, and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.</p><p>D. Liens acquired under this section shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.</p><p>E. Any party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the court of equity having jurisdiction wherein the property or some portion of the property is located to hold a hearing to review the amount of the lien. After reasonable notice to the Director, the court shall hold a hearing to determine whether such costs were reasonable. If the court determines that such charges were excessive, it shall determine the proper amount and order that the lien and the record be amended to show the new amount.</p><p>F. Liens acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. The proceeds from any lien shall be deposited in the Waste Tire Trust Fund established pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1422.3/'>10.1-1422.3</a>. If an owner fails to satisfy a lien as provided herein, the Director may proceed to enforce the lien by a bill filed in the court of equity having jurisdiction wherein the property or some portion of the property is located.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0101'>101</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/chapter14/section10.1-1418.5/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1419
|
10.1-1419
|
Litter receptacles; placement; penalty for violations
|
<p>A. The Board shall promulgate regulations establishing reasonable guidelines for the owners or persons in control of any property which is held out to the public as a place for assemblage, the transaction of business, recreation or as a public way who may be required to place and maintain receptacles acceptable to the Board.</p><p>In formulating such regulations the Board shall consider, among other public places, the public highways of the Commonwealth, all parks, campgrounds, trailer parks, drive-in restaurants, construction sites, gasoline service stations, shopping centers, retail store parking lots, parking lots of major industrial and business firms, marinas, boat launching areas, boat moorage and fueling stations, public and private piers and beaches and bathing areas. The number of such receptacles required to be placed as specified herein shall be determined by the Board and related to the need for such receptacles. Such litter receptacles shall be maintained in a manner to prevent overflow or spillage.</p><p>B. A person owning or operating any establishment or public place in which litter receptacles of a design acceptable to the Board are required by this section shall procure and place such receptacles at his own expense on the premises in accordance with Board regulations.</p><p>C. Any person who fails to place and maintain such litter receptacles on the premises in the number and manner required by Board regulation, or who violates the provisions of this section or regulations adopted hereunder shall be subject to a fine of twenty-five dollars for each day of violation.</p><p>1987, c. 234, § 10-277.6; 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/chapter14/section10.1-1419/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1420
|
10.1-1420
|
Litter bag
|
<p>The Department may design and produce a litter bag bearing the state anti-litter symbol and a statement of the penalties prescribed for littering. Such litter bags may be distributed by the Department of Motor Vehicles at no charge to the owner of every licensed vehicle in the Commonwealth at the time and place of the issuance of a license or renewal thereof. The Department may make the litter bags available to the owners of watercraft in the Commonwealth and may also provide the litter bags at no charge to tourists and visitors at points of entry into the Commonwealth and at visitor centers to the operators of incoming vehicles and watercraft.</p><p>1987, c. 234, § 10-277.7; 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/chapter14/section10.1-1420/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1421
|
10.1-1421
|
Responsibility for removal of litter from receptacles
|
<p>The responsibility for the removal of litter from litter receptacles placed at parks, beaches, campgrounds, trailer parks, and other public places shall remain upon those state and local agencies now performing litter removal services. The removal of litter from litter receptacles placed on private property used by the public shall remain the duty of the owner or operator of such private property.</p><p>1987, c. 234, § 10-277.8; 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/chapter14/section10.1-1421/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422
|
10.1-1422
|
Further duties of Department
|
<p>In addition to the foregoing duties the Department shall:</p><p>1. Serve as the coordinating agency between the various industry and business organizations seeking to aid in the recycling, beneficial use, and anti-litter effort;</p><p>2. Recommend to local governing bodies that they adopt ordinances similar to the provisions of this article;</p><p>3. Cooperate with all local governments to accomplish coordination of local recycling, beneficial use, and anti-litter efforts;</p><p>4. Encourage all voluntary local recycling, beneficial use, and anti-litter campaigns seeking to focus the attention of the public on the programs of the Commonwealth to control and remove litter and encourage recycling;</p><p>5. Investigate the availability of, and apply for, funds available from any private or public source to be used in the program provided for in this article;</p><p>6. Allocate funds annually for the study of available research and development in recycling and litter control, removal, and disposal, as well as study methods for implementation in the Commonwealth of such research and development. In addition, such funds may be used for the development of public educational programs concerning the litter problem and recycling. Grants shall be made available for these purposes to those persons deemed appropriate and qualified by the Board or the Department;</p><p>7. Investigate the methods and success of other techniques in recycling and the control of litter, and develop, encourage, and coordinate programs in the Commonwealth to utilize successful techniques in recycling and beneficial use and the control and elimination of litter; and</p><p>8. Expend, after receiving the recommendations of the Advisory Board, at least 95% of the funds deposited annually into the Fund pursuant to contracts with localities. The Department may enter into contracts with planning district commissions for the receipt and expenditure of funds attributable to localities which designate in writing to the Department a planning district commission as the agency to receive and expend funds hereunder.</p><p>1987, c. 234, § 10-277.9; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0006'>6</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0409'>409</a>; 2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0615'>615</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/chapter14/section10.1-1422/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.01
|
10.1-1422.01
|
Litter Control and Recycling Fund established; use of moneys; purpose of Fund
|
<p>A. All moneys collected from the civil penalties imposed pursuant to § <a href='/vacode/10.1-1424.3/'>10.1-1424.3</a>, from the taxes imposed under §§ <a href='/vacode/58.1-1700/'>58.1-1700</a> through <a href='/vacode/58.1-1710/'>58.1-1710</a>, and by the taxes increased by Chapter 616 of the 1977 Acts of Assembly, shall be paid into the treasury and credited to a special nonreverting fund known as the Litter Control and Recycling Fund, which is hereby established. The Fund shall be established on the books of the Comptroller. 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 Director is authorized to release money from the Fund on warrants issued by the Comptroller after receiving and considering the recommendations of the Advisory Board for the purposes enumerated in subsection B.</p><p>B. Moneys from the Fund shall be expended, according to the allocation formula established in subsection C, for the following purposes:</p><p>1. Local litter prevention and recycling grants to localities that meet the criteria established in § <a href='/vacode/10.1-1422.04/'>10.1-1422.04</a>;</p><p>2. Payment to (i) the Department to process the grants authorized by this article and (ii) the actual administrative costs of the Advisory Board. The Director shall assign one person in the Department to serve as a contact for persons interested in the Fund; and</p><p>3. The operation of public information campaigns to discourage the sale and use of expanded polystyrene products and to promote alternatives to expanded polystyrene.</p><p>C. All moneys deposited into the Fund shall be expended pursuant to the following allocation formula:</p><p>1. Ninety percent for grants made to localities pursuant to subdivision B 1;</p><p>2. Up to a maximum of five percent for the actual administrative expenditures authorized pursuant to subdivision B 2; and</p><p>3. Up to a maximum of five percent for the operation of public information campaigns pursuant to subdivision B 3.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0006'>6</a>; 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0409'>409</a>; 2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0262'>262</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/chapter14/section10.1-1422.01/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.02
|
10.1-1422.02
|
Litter Control and Recycling Fund Advisory Board established; duties and responsibilities
|
<p>There is hereby created the Litter Control and Recycling Fund Advisory Board. The Advisory Board shall:</p><p>1. Review applications received by the Department for grants from the Fund and make recommendations to the Director for the award of all grants authorized pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1422.01/'>10.1-1422.01</a>;</p><p>2. Promote the control, prevention and elimination of litter from the Commonwealth and encourage the recycling of discarded materials to the maximum practical extent; and</p><p>3. Advise the Director on such other litter control and recycling matters as may be requested by the Director or any other state agency.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</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/chapter14/section10.1-1422.02/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.03
|
10.1-1422.03
|
Membership, meetings, and staffing
|
<p>A. The Advisory Board shall consist of five persons appointed by the Governor. Three members shall represent persons paying the taxes which are deposited into the Fund and shall include one member appointed from nominations submitted by recognized industry associations representing retailers; one member appointed from nominations submitted by recognized industry associations representing soft drink distributors; and one member appointed from nominations submitted by recognized industry associations representing beer distributors. One member shall be a local litter or recycling coordinator. One member shall be from the general public.</p><p>B. The initial terms of the members of the Advisory Board shall expire July 1, 1999, and five members shall be appointed or reappointed effective July 1, 1999, for terms as follows: one member shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member shall be appointed for a term of three years; and two members shall be appointed for terms of four years unless found to violate subsection E of this section. Thereafter, all appointments shall be for terms of four years except for appointments to fill vacancies, which shall be for the unexpired term. They shall not receive a per diem, compensation for their service, or travel expenses.</p><p>C. The Advisory Board shall elect a chairman and vice-chairman annually from among its members. The Advisory Board shall meet at least twice annually on such dates and at such times as they determine. Three members of the Advisory Board shall constitute a quorum.</p><p>D. Staff support and actual associated administrative expenses of the Advisory Board shall be provided by the Department from funds allocated from the Fund.</p><p>E. Any member who is absent from three consecutive meetings of the Advisory Board, as certified by the Chairman of the Advisory Board to the Secretary of the Commonwealth, shall be dismissed as a member of the Advisory Board. The replacement of any dismissed member shall be appointed pursuant to subsection A of this section and meet the same membership criteria as the member who has been dismissed. Vacancies occurring other than by expiration of term shall be filled for the unexpired term. No person shall be eligible to serve on the Advisory Board for more than two terms.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</a>; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0086'>86</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0006'>6</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0283'>283</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/chapter14/section10.1-1422.03/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.04
|
10.1-1422.04
|
Local litter prevention and recycling grants; eligibility and funding process
|
<p>The Director shall award local litter prevention and recycling grants to localities that apply for such grants and meet the eligibility requirements established in the Department's Guidelines for Litter Prevention and Recycling Grants (DEQ-LPR-2) which were in effect on January 1, 1995, and as may be amended by the Advisory Board after notice and opportunity to be heard by persons interested in grants awarded pursuant to this section. Grants awarded by the Director shall total the amount of Litter Control and Recycling Funds available annually as provided in subdivision B 1 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1422.01/'>10.1-1422.01</a>.</p><p>1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0417'>417</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/chapter14/section10.1-1422.04/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.05
|
10.1-1422.05
|
Repealed
|
<p>Repealed by Acts 2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0409'>409</a>, cl. 2.</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/chapter14/section10.1-1422.05/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.06
|
10.1-1422.06
|
Beneficiation facility as manufacturer for grant purposes
|
<p>For the purpose of any state or local economic development incentive grant, including a grant awarded pursuant to the provisions of Chapter 51 (§ <a href='/vacode/2.2-5100/'>2.2-5100</a> et seq.) of Title 2.2, a beneficiation facility or recycling center as defined in § <a href='/vacode/10.1-1414/'>10.1-1414</a> shall be considered a manufacturer.</p><p>2018, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?181+ful+CHAP0615'>615</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/chapter14/section10.1-1422.06/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.1
|
10.1-1422.1
|
Disposal of waste tires
|
<p>The Department shall develop and implement a plan for the management and transportation of all waste tires in the Commonwealth.</p><p>1989, c. 630; 1993, c. 211.</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/chapter14/section10.1-1422.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.2
|
10.1-1422.2
|
Recycling residues; testing
|
<p>The Department shall develop and implement a plan for the testing of recycling residues generated in the Commonwealth to determine whether they are nonhazardous. The costs of conducting such tests shall be borne by the person wishing to dispose of such residues.</p><p>1990, c. 781.</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/chapter14/section10.1-1422.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.3
|
10.1-1422.3
|
Waste Tire Trust Fund established; use of moneys; purpose of Fund
|
<p>A. All moneys collected pursuant to § <a href='http://law.lis.virginia.gov/vacode/58.1-642/'>58.1-642</a>, minus the necessary expenses of the Department of Taxation for the administration of this tire recycling fee as certified by the Tax Commissioner, shall be paid into the treasury and credited to a special nonreverting fund known as the Waste Tire Trust Fund, which is hereby established. 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 Department of Waste Management is authorized and empowered to release moneys from the Fund, on warrants issued by the State Comptroller, for the purposes enumerated in this section, or any regulations adopted thereunder.</p><p>B. Moneys from the Fund shall be expended to:</p><p>1. Pay the costs of implementing the waste tire plan authorized by § <a href='http://law.lis.virginia.gov/vacode/10.1-1422.1/'>10.1-1422.1</a>, as well as the costs of any programs created by the Department pursuant to such a plan;</p><p>2. Provide partial reimbursement to persons for the costs of using waste tires or chips or similar materials; and</p><p>3. Pay the costs to remove waste tire piles from property pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1418.4/'>10.1-1418.4</a>, to the extent funds are available from the increased revenues generated by the increased tire recycling fee collected beginning July 1, 2003, and ending July 1, 2006, in accordance with § <a href='http://law.lis.virginia.gov/vacode/58.1-641/'>58.1-641</a>.</p><p>C. Reimbursements under § <a href='http://law.lis.virginia.gov/vacode/10.1-1422.4/'>10.1-1422.4</a> shall not be made until regulations establishing reimbursement procedures have become effective.</p><p>1993, c. 211; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0101'>101</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/chapter14/section10.1-1422.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.4
|
10.1-1422.4
|
Partial reimbursement for waste tires; eligibility; promulgation of regulations
|
<p>A. The intent of the partial reimbursement of costs under this section is to promote the use of waste tires by enhancing markets for waste tires or chips or similar materials.</p><p>B. Any person who (i) purchases waste tires generated in Virginia and who uses the tires or chips or similar materials for resource recovery or other appropriate uses as established by regulation may apply for partial reimbursement of the cost of purchasing the tires or chips or similar materials or (ii) uses but does not purchase waste tires or chips or similar materials for resource recovery or other appropriate uses as established by regulation may apply for a reimbursement of part of the cost of such use.</p><p>C. To be eligible for the reimbursement (i) the waste tires or chips or similar materials shall be generated in Virginia, and (ii) the user of the waste tires shall be the end user of the waste tires or chips or similar materials. The end user does not have to be located in Virginia.</p><p>D. Reimbursements from the Waste Tire Trust Fund shall be made at least quarterly.</p><p>E. The Board shall promulgate regulations necessary to carry out the provisions of this section. The regulations shall include, but not be limited to:</p><p>1. Defining the types of uses eligible for partial reimbursement;</p><p>2. Establishing procedures for applying for and processing of reimbursements; and</p><p>3. Establishing the amount of reimbursement.</p><p>F. For the purposes of this section "end user" means (i) for resource recovery, the person who utilizes the heat content or other forms of energy from the incineration or pyrolysis of waste tires, chips or similar materials and (ii) for other eligible uses of waste tires, the last person who uses the tires, chips, or similar materials to make a product with economic value. If the waste tire is processed by more than one person in becoming a product, the end user is the last person to use the tire as a tire, as tire chips, or as similar material. A person who produces tire chips or similar materials and gives or sells them to another person to use is not an end user.</p><p>1993, c. 211; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0627'>627</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/chapter14/section10.1-1422.4/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.5
|
10.1-1422.5
|
Repealed
|
<p>Repealed by Acts 2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0569'>569</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/chapter14/section10.1-1422.5/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1422.6
|
10.1-1422.6
|
Used motor oil, other fluids for automotive engine maintenance, and oil filters; signs; establishment of statewide program
|
<p>A. The Department shall establish a statewide management program for used motor oil, other fluids for automotive engine maintenance, and oil filters. The program shall encourage the environmentally sound management of motor oil, other fluids used for automotive engine maintenance, and oil filters by (i) educating consumers on the environmental benefits of proper management, (ii) publicizing options for proper disposal, and (iii) promoting a management infrastructure that allows for the convenient recycling of these materials by the public. The Department may contract with a qualified public or private entity to implement this program.</p><p>B. The Department shall maintain a statewide list of sites that accept used (i) motor oil, (ii) other fluids used for automotive engine maintenance, and (iii) oil filters from the public. The list shall be updated at least annually. The Department shall create, maintain, and promote a toll-free hotline number and a website where consumers may receive information describing the location of collection sites in their locality to properly dispose of used motor oil, other fluids for automotive engine maintenance, and oil filters.</p><p>C. The Department shall establish an ongoing outreach program to existing and potential collection sites that provides a point of contact for questions and disseminates information on (i) the way to establish a collection site, (ii) technical issues associated with being a collection site, and (iii) the benefits of continued participation in the program.</p><p>D. Any person who sells motor oil, other fluids used for automotive engine maintenance, or oil filters at the retail level and who does not accept the return of used motor oil, other fluids used for automotive engine maintenance, or oil filters shall post a sign that encourages the environmentally sound management of these products and provides a website address and toll-free hotline number where additional information on the locations of used motor oil, other fluids used for automotive engine maintenance, and oil filters collection sites are available. This sign shall be provided by the Department or its designee to all establishments selling motor oil, other fluids used for automotive engine maintenance, or oil filters. In determining the size and manner in which such signs may be affixed or displayed at the retail establishment, the Department shall give consideration to the space available in such retail establishments.</p><p>E. Any person who violates any provision of subsection D shall be subject to a fine of $25.</p><p>2001, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?011+ful+CHAP0569'>569</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0646'>646</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/chapter14/section10.1-1422.6/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1423
|
10.1-1423
|
Notice to public required
|
<p>Pertinent portions of this article shall be posted along the public highways of the Commonwealth, at public highway entrances to the Commonwealth, in all campgrounds and trailer parks, at all entrances to state parks, forest lands and recreational areas, at all public beaches, and at other public places in the Commonwealth where persons are likely to be informed of the existence and content of this article and the penalties for violating its provisions.</p><p>1987, c. 234, § 10-277.11; 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/chapter14/section10.1-1423/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1424
|
10.1-1424
|
Allowing escape of load material; penalty
|
<p>No vehicle shall be driven or moved on any highway unless the vehicle is constructed or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. However, sand or any substance for increasing traction during times of snow and ice may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining the roadway by the Commonwealth or local government agency having that responsibility. Any person operating a vehicle from which any glass or objects have fallen or escaped which could constitute an obstruction or damage a vehicle or otherwise endanger travel upon a public highway shall immediately cause the highway to be cleaned of all glass or objects and shall pay any costs therefor. Violation of this section shall constitute a Class 1 misdemeanor.</p><p>1986, c. 757, § 10-211; 1987, c. 234, § 10-277.12; 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/chapter14/section10.1-1424/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1424.1
|
10.1-1424.1
|
Material containing fully halogenated chloro-fluorocarbons prohibited; penalty
|
<p>A. On and after January 1, 1992, it shall be unlawful for any distributor or manufacturer knowingly to sell or offer for sale, for purposes of resale, any packaging materials that contain fully halogenated chloro-fluorocarbons as a blowing or expansion agent.</p><p>B. Any person convicted of a violation of the provisions of this section shall be guilty of a Class 3 misdemeanor.</p><p>1991, c. 101.</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/chapter14/section10.1-1424.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1424.2
|
10.1-1424.2
|
Products containing trichloroethylene prohibited; penalty
|
<p>As of January 1, 2004, it shall be unlawful for any person to knowingly sell or distribute for retail sale in the Commonwealth any product containing trichloroethylene if such product is manufactured for or commonly used as an adhesive for residential hardwood floor installation.</p><p>As of January 1, 2006, it shall be unlawful for any person to knowingly sell or distribute for retail sale in the Commonwealth any product manufactured on or after January 1, 2004, for any household or residential purpose if such product contains trichloroethylene. Any person convicted of a violation of this section shall be guilty of a Class 3 misdemeanor.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0620'>620</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/chapter14/section10.1-1424.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1424.3
|
10.1-1424.3
|
Expanded polystyrene food service containers prohibited; civil penalty
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<p>A. Beginning July 1, 2023, no food vendor that is a restaurant or similar retail food establishment and is part of a chain with 20 or more locations offering for sale substantially the same menu items and doing business under the same name, regardless of the form of ownership of such locations, shall dispense prepared food to a customer in an expanded polystyrene food service container.</p><p>Beginning July 1, 2025, no food vendor of any type shall dispense prepared food to a customer in an expanded polystyrene food service container.</p><p>B. Any food vendor may request from the locality in which it is located an exemption from the provisions of subsection A. The locality may grant the exemption if the food vendor demonstrates to the satisfaction of the locality that compliance with subsection A would impose an undue economic hardship on the food vendor. For the purposes of this subsection, "undue economic hardship" means a situation in which (i) a food vendor has no reasonable alternative to the expanded polystyrene food service containers in use by that food vendor and (ii) compliance with subsection A would cause significant economic hardship to that food vendor. A locality may so exempt a food vendor for a period of not more than one year from the date of the exemption. A food vendor granted such an exemption may reapply to the locality before the expiration of the exemption, and the locality may grant an additional exemption from the provisions of subsection A not to exceed one year for each such reapplication if the food vendor demonstrates a continuing undue economic hardship at the time of reapplication to the satisfaction of the locality.</p><p>C. Any person who violates any provision of this section, upon such finding by an appropriate circuit court, shall be assessed a civil penalty of not more than $50 for each day of such violation. Any civil penalties assessed pursuant to this section in a civil action brought by the Attorney General in the name of the Commonwealth shall be paid into the state treasury and deposited by the State Treasurer into the Litter Control and Recycling Fund. Any civil penalty assessed pursuant to this section in a civil action brought by a locality shall be paid into the treasury of the locality, except where the violator of this section is the locality or its agent, in which case the civil penalty shall be paid into the state treasury and deposited by the State Treasurer into the Fund.</p><p>D. The Department shall post to its website information on how to comply with this section and how to file a complaint for a violation of this section.</p><p>2021, Sp. Sess. I, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0262'>262</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/chapter14/section10.1-1424.3/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425
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10.1-1425
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Preemption of certain local ordinances
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<p>The provisions of this article shall supersede and preempt any local ordinance which attempts to regulate the size or type of any container or package containing food or beverage or which requires a deposit on a disposable container or package.</p><p>1987, c. 234, § 10-277.14; 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>
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https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.1
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10.1-1425.1
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Lead acid batteries; land disposal prohibited; penalty
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<p>A. It shall be unlawful for any person to place a used lead acid battery in mixed municipal solid waste or to discard or otherwise dispose of a lead acid battery except by delivery to a battery retailer or wholesaler, or to a secondary lead smelter, or to a collection or recycling facility authorized under the laws of this Commonwealth or by the United States Environmental Protection Agency. As used in this article, the term "lead acid battery" shall mean any wet cell battery.</p><p>B. It shall be unlawful for any battery retailer to dispose of a used lead acid battery except by delivery to (i) the agent of a battery wholesaler or a secondary lead smelter, (ii) a battery manufacturer for delivery to a secondary lead smelter, or (iii) a collection or recycling facility authorized under the laws of this Commonwealth or by the United States Environmental Protection Agency.</p><p>C. Any person found guilty of a violation of this section shall be punished by a fine of not more than fifty dollars. Each battery improperly disposed of shall constitute a separate violation.</p><p>1990, c. 520.</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/chapter14/section10.1-1425.1/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.10
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10.1-1425.10
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Definitions
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<p>As used in this article, unless the context requires a different meaning:</p><p>"Pollution prevention" means eliminating or reducing the use, generation or release at the source of environmental waste. Methods of pollution prevention include, but are not limited to, equipment or technology modifications; process or procedure modifications; reformulation or redesign of products; substitution of raw materials; improvements in housekeeping, maintenance, training, or inventory control; and closed-loop recycling, onsite process-related recycling, reuse or extended use of any material utilizing equipment or methods which are an integral part of a production process. The term shall not include any practice which alters the physical, chemical, or biological characteristics or the volume of an environmental waste through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service, and shall not include treatment, increased pollution control, off-site or nonprocess-related recycling, or incineration.</p><p>"Toxic or hazardous substance" means (i) all of the chemicals identified on the Toxic Chemical List established pursuant to § 313 of the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. § 11001 et seq. (P.L. 99-499), and (ii) all of the chemicals listed pursuant to §§ 101(14) and 102 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (P.L. 92-500).</p><p>1993, c. 459; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0169'>169</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/chapter14/section10.1-1425.10/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.11
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10.1-1425.11
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Establishment of pollution prevention policy
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<p>It shall be the policy of the Commonwealth (i) that the Commonwealth should encourage pollution prevention activities by removing barriers and providing incentives and assistance, and (ii) that the generation of environmental waste should be reduced or eliminated at the source, whenever feasible; environmental waste that is generated should be reused whenever feasible; environmental waste that cannot be reduced or reused should be recycled whenever feasible; environmental waste that cannot be reduced, reused, or recycled should be treated in an environmentally safe manner; and disposal should be employed only as a last resort and should be conducted in an environmentally safe manner. It shall also be the policy of the Commonwealth to minimize the transfer of environmental wastes from one environmental medium to another.</p><p>1993, c. 459.</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/chapter14/section10.1-1425.11/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management Act
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VA:Title-10.1
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10.1
|
Conservation
|
VA
|
Code of Virginia
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VA:10.1-1425.12
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10.1-1425.12
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Pollution prevention assistance program
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<p>The Department shall establish a voluntary pollution prevention assistance program designed to assist all persons in promoting pollution prevention measures in the Commonwealth. The program shall emphasize assistance to local governments and businesses that have inadequate technical and financial resources to obtain information and to assess and implement pollution prevention measures. The program may include, but shall not be limited to:</p><p>1. Establishment of a pollution prevention clearinghouse for all available information concerning waste reduction, waste minimization, source reduction, economic and energy savings, and pollution prevention;</p><p>2. Assistance in transferring information concerning pollution prevention technologies through workshops, conferences and handbooks;</p><p>3. Cooperation with programs at baccalaureate institutions of higher education to develop pollution prevention curricula and training;</p><p>4. Technical assistance to generators of toxic or hazardous substances, including onsite consultation to identify alternative methods that may be applied to prevent pollution; and</p><p>5. Researching and recommending incentive programs for innovative pollution prevention programs.</p><p>To be eligible for onsite technical assistance, a generator of toxic or hazardous substances must agree to allow information regarding the results of such assistance to be shared with the public, provided that the identity of the generator shall be made available only with its consent and trade-secret information shall remain protected.</p><p>1993, c. 459; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0169'>169</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/chapter14/section10.1-1425.12/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.13
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10.1-1425.13
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Pollution prevention advisory panels
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<p>The Director is authorized to name qualified persons to pollution prevention advisory panels to assist the Department in administering the pollution prevention assistance program. Panels shall include members representing different areas of interest in and potential support for pollution prevention, including industry, education, environmental and public interest groups, state government and local government.</p><p>1993, c. 459.</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/chapter14/section10.1-1425.13/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.14
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10.1-1425.14
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Pilot projects
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<p>The Department may sponsor pilot projects to develop and demonstrate innovative technologies and methods for pollution prevention. The results of all such projects shall be available for use by the public, but trade secret information shall remain protected.</p><p>1993, c. 459.</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/chapter14/section10.1-1425.14/
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VA:Title-10.1-Chapter-14
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14
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Virginia Waste Management 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:10.1-1425.15
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10.1-1425.15
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Waste exchange
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<p>The Department may establish an industrial environmental waste material exchange that provides for the exchange, between interested persons, of information concerning (i) particular quantities of industrial environmental waste available for recovery; (ii) persons interested in acquiring certain types of industrial environmental waste for purposes of recovery; and (iii) methods for the treatment and recovery of industrial environmental waste. The industrial environmental waste materials exchange may be operated under one or more reciprocity agreements providing for the exchange of the information for similar information from a program operated in another state. The Department may contract for a private person or public entity to establish or operate the industrial environmental waste materials exchange. The Department may prescribe rules concerning the establishment and operation of the industrial environmental waste materials exchange, including the setting of subscription fees to offset the cost of participating in the exchange.</p><p>1993, c. 459.</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/chapter14/section10.1-1425.15/
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VA:Title-10.1-Chapter-14
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14
|
Virginia Waste Management Act
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VA:Title-10.1
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10.1
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Conservation
|
VA
|
Code of Virginia
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