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VA:10.1-1425.16
|
10.1-1425.16
|
Trade secret protection
|
<p>All trade secrets obtained pursuant to this article by the Department or its agents shall be held as confidential.</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.16/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.17
|
10.1-1425.17
|
Evaluation report
|
<p>The Department shall submit an annual report to the Governor and the appropriate committees of the General Assembly. The report shall include an evaluation of its pollution prevention activities. The report shall be submitted by December 1 of each year, beginning in 1994. The report shall include, to the extent available, information regarding progress in expanding pollution prevention activities in the Commonwealth.</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.17/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.18
|
10.1-1425.18
|
Pollution prevention grants
|
<p>The Department may make grants to identify pollution prevention opportunities and to study or determine the feasibility of applying specific technologies and methods to prevent pollution. Persons who use, generate or release environmental waste may receive grants under this section.</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.18/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.19
|
10.1-1425.19
|
Inspections and enforcement actions by the Department
|
<p>A. The Department shall seek to ensure, where appropriate, that any inspections conducted pursuant to Chapters 13 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1300/'>10.1-1300</a> et seq.) and 14 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1400/'>10.1-1400</a> et seq.) of this title and Chapter 3.1 (§ <a href='http://law.lis.virginia.gov/vacode/62.1-44.2/'>62.1-44.2</a> et seq.) of Title 62.1 (i) are multimedia in approach; (ii) are performed by teams of inspectors authorized to represent the air, water and solid waste programs within the Department; and (iii) minimize duplication of inspections, reporting requirements, and enforcement efforts.</p><p>B. The Department may allow any person found to be violating any law or standard for which the Department has enforcement jurisdiction to develop a plan to reduce the use or generation of toxic or hazardous substances through pollution prevention incentives or initiatives and, to the maximum extent possible, implement the plan as part of coming into compliance with the violated law or standard. This shall in no way affect the Commonwealth's ability and responsibility to seek penalties in enforcement activities.</p><p>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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.19/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.2
|
10.1-1425.2
|
Collection of lead acid batteries for recycling
|
<p>Any person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the Commonwealth shall:</p><p>1. Accept from customers, at the point of transfer, used lead acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers; and</p><p>2. Post written notice which shall be at least 8 1/2 inches by 11 inches in size and which shall include the universal recycling symbol and the following language: (i) "It is illegal to discard a motor vehicle battery or other lead acid battery," (ii) "Recycle your used batteries," and (iii) "State law requires us to accept used motor vehicle batteries or other lead acid batteries for recycling, in exchange for new batteries purchased."</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.20
|
10.1-1425.20
|
Findings and intent
|
<p>A. The General Assembly finds that:</p><p>1. The management of solid waste can pose a wide range of hazards to public health and safety and to the environment;</p><p>2. Packaging comprises a significant percentage of the overall waste stream;</p><p>3. The presence of heavy metals in packaging is a concern because of the potential presence of heavy metals in residue from manufacturers' recycling processes, in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled; and</p><p>4. Lead, mercury, cadmium, and hexavalent chromium, on the basis of scientific and medical evidence, are of particular concern.</p><p>B. It is the intent of the General Assembly to:</p><p>1. Reduce the toxicity of packaging;</p><p>2. Eliminate the addition of heavy metals to packaging; and</p><p>3. Achieve reductions in toxicity without impeding or discouraging the expanded use of recovered material in the production of products, packaging, and its components.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</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/section10.1-1425.20/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.21
|
10.1-1425.21
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Distributor" means any person who takes title to products or packaging purchased for resale.</p><p>"Intentional introduction" means the act of deliberately using a regulated heavy metal in the formulation of a package or packaging component where its continued presence in the final package or packaging component is to provide a specific characteristic or quality. The use of a regulated heavy metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of the metal in the final package or packaging component is neither desired nor deliberate is not considered to be "intentional introduction" where the final package or packaging component is in compliance with subsection C of § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.22/'>10.1-1425.22</a>.</p><p>"Manufacturer" means any person that produces products, packages, packaging, or components of products or packaging.</p><p>"Package" means any container which provides a means of marketing, protecting, or handling a product, including a unit package, intermediate package, or a shipping container, as defined in the American Society for Testing and Materials (ASTM) specification D996. The term includes, but is not limited to, unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrapping and wrapping film, bags, and tubs.</p><p>"Packaging component" means any individual assembled part of a package, including, but not limited to, interior and exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets ASTM specification A-623 shall be considered as a single package component. Electro-galvanized coated steel that meets ASTM specification A-525, and hot-dipped coated galvanized steel that meets ASTM specification A-879 shall be treated in the same manner as tin-plated steel.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</a>; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0115'>115</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/section10.1-1425.21/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.22
|
10.1-1425.22
|
Schedule for removal of incidental amounts of heavy metals
|
<p>A. On and after July 1, 1995, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in the Commonwealth a package or packaging component which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution, and which exceeds a concentration level established by this article. This prohibition shall not apply to the incidental presence of any of these elements in a package or packaging component.</p><p>B. On and after July 1, 1995, no manufacturer or distributor shall offer for sale, sell, or offer for promotional purposes in the Commonwealth a product in a package which includes, in the package itself or in any of the packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives containing lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution, and which exceeds a concentration level established by this article. This prohibition shall not apply to the incidental presence of any of these elements in a package or packaging component.</p><p>C. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in a package or packaging component shall not exceed the following:</p><p>1. Six hundred parts per million by weight on and after July 1, 1995;</p><p>2. Two hundred fifty parts per million by weight on and after July 1, 1996; and</p><p>3. One hundred parts per million by weight on and after July 1, 1997.</p><p>D. Concentration levels of lead, cadmium, mercury, and hexavalent chromium shall be determined using ASTM test methods, as revised, or U.S. Environmental Protection Agency Test Methods for Evaluating Solid Waste, S-W 846, as revised.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</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/section10.1-1425.22/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.23
|
10.1-1425.23
|
Exemptions
|
<p>The following packaging and packaging components shall be exempt from the requirements of this Act:</p><p>1. Packaging or packaging components with a code indicating a date of manufacture prior to July 1, 1995;</p><p>2. Packages or packaging components to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing, forming, printing or distribution process in order to comply with health or safety requirements of federal law, provided that (i) the manufacturer of a package or packaging component must petition the Board for any exemption for a particular package or packaging component; (ii) the Board may grant an exemption for up to two years if warranted by the circumstances; and (iii) such an exemption may, upon reapplication for exemption and meeting the criterion of this subdivision, be renewed at two-year intervals;</p><p>3. Packages and packaging components to which lead, cadmium, mercury or hexavalent chromium has been added in the manufacturing, forming, printing or distribution process for which there is no feasible alternative, provided that (i) the manufacturer of a package or packaging component must petition the Board for any exemption for a particular package or packaging component; (ii) the Board may grant an exemption for up to two years if warranted by the circumstances; and (iii) such an exemption may, upon reapplication for exemption and meeting the criterion of this subdivision, be renewed at two-year intervals. For purposes of this subdivision, a use for which there is no feasible alternative is one in which the regulated substance is essential to the protection, safe handling, or function of the package's contents;</p><p>4. Packages and packaging components that would not exceed the maximum contaminant levels established but for the addition of recovered or recycled materials; and</p><p>5. Packages and packaging components used to contain alcoholic beverages, as defined in § <a href='http://law.lis.virginia.gov/vacode/4.1-100/'>4.1-100</a>, bottled prior to July 1, 1992.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</a>; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0115'>115</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/section10.1-1425.23/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.24
|
10.1-1425.24
|
Certificate of compliance
|
<p>A. On and after July 1, 1995, each manufacturer or distributor of packaging or packaging components shall make available to purchasers, the Department, and the public, upon request, certificates of compliance which state that the manufacturer's or distributor's packaging or packaging components comply with, or are exempt from, the requirements of this article.</p><p>B. If the manufacturer or distributor of the package or packaging component reformulates or creates a new package or packaging component that results in an increase in the level of heavy metals higher than the original certificate of compliance, the manufacturer or distributor shall provide an amended or new certificate of compliance for the reformulated package or packaging component.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</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/section10.1-1425.24/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.25
|
10.1-1425.25
|
Promulgation of regulations
|
<p>The Board may promulgate regulations if regulations are necessary to implement and manage the provisions of this article. The Director is authorized to name qualified persons to an advisory panel of affected interests and the public to assist the Department in implementing the provisions of this article.</p><p>1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0944'>944</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/section10.1-1425.25/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.26
|
10.1-1425.26
|
Cathode ray tube and mercury thermostat special waste recycling program
|
<p>A. As used in this section "cathode ray tube" means an intact glass tube used to provide the visual display in televisions, computer monitors, oscilloscopes and similar scientific equipment, but does not include the other components of an electronic product containing a cathode ray tube even if the product and the cathode ray tube are disassembled.</p><p>B. The Board shall promulgate regulations to encourage the recycling of thermostats containing mercury, cathode ray tubes, and electronics products.</p><p>C. Any locality may, by ordinance, prohibit the disposal of thermostats containing mercury and cathode ray tubes in any waste-to-energy or solid waste disposal facility within its jurisdiction, provided the locality has implemented a recycling program that is capable of handling all thermostats containing mercury and cathode ray tubes generated within its jurisdiction. However, no such ordinance shall contain any provision that penalizes anyone other than the initial generator of such thermostats containing mercury and cathode ray tubes.</p><p>2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0743'>743</a>; 2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0012'>12</a>; 2010, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0004'>4</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/section10.1-1425.26/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.27
|
10.1-1425.27
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Brand" means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product.</p><p>"Computer equipment" means a desktop or notebook computer and may include a computer monitor or other display device. Computer does not include:</p><p>1. A television or any telecommunication system device that can receive moving pictures and sound broadcast over a distance, including a television tuner or a display device peripheral to a computer in which the display device contains a television tuner;</p><p>2. A desktop or notebook computer or computer monitor or other display device that is functionally or physically a part of, connected to, or integrated within a larger piece of equipment and designed or intended for use in an industrial, governmental, commercial, research and development, or medical setting, including diagnostic, monitoring, security, sensing, or control equipment; or</p><p>3. Any monitor or computer equipment contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier.</p><p>"Consumer" means an individual who uses computer equipment that is purchased primarily for personal or home business use.</p><p>"Manufacturer" means a person who in any calendar year:</p><p>1. Manufactures or manufactured computer equipment in excess of 500 units under a brand that:</p><p>a. The person owns or owned; or</p><p>b. The person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;</p><p>2. Sells or sold computer equipment in excess of 500 units manufactured by others under a brand that:</p><p>a. The person owns or owned; or</p><p>b. The person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;</p><p>3. Manufactures or manufactured computer equipment in excess of 500 units without affixing a brand;</p><p>4. Manufactures or manufactured computer equipment in excess of 500 units to which the person affixes or affixed a brand that:</p><p>a. The person does not or has not owned; or</p><p>b. The person is not or was not licensed to use; or</p><p>5. Imports or imported computer equipment in excess of 500 units manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the computer equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.27/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.28
|
10.1-1425.28
|
Applicability
|
<p>A. The collection, recycling, and reuse provisions of this article apply to computer equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility.</p><p>B. This article does not apply to:</p><p>1. Any part of a motor vehicle, a personal digital assistant, or a telephone;</p><p>2. A consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement; or</p><p>3. The sale or lease of computer equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of computer equipment that has reached the end of its useful life.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.28/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.29
|
10.1-1425.29
|
Manufacturer recovery plan
|
<p>A. Before a manufacturer may offer computer equipment for sale in the Commonwealth, the manufacturer shall:</p><p>1. Adopt and implement a recovery plan; and</p><p>2. Affix a permanent, readily visible label to the computer equipment with the manufacturer's brand.</p><p>B. The recovery plan shall enable a consumer to recycle computer equipment without paying a separate fee at the time of recycling and shall include provisions for:</p><p>1. The collection from a consumer of any computer equipment that has reached the end of its useful life and is labeled with the manufacturer's brand; and</p><p>2. Recycling or reuse of computer equipment collected under subdivision 1.</p><p>C. The collection of computer equipment provided under the recovery plan must be reasonably convenient and available to consumers in the Commonwealth and designed to meet the collection needs of consumers in the Commonwealth. Examples of collection methods that alone or combined meet the convenience requirements of this section include:</p><p>1. A system by which the manufacturer or the manufacturer's designee offers the consumer a system for returning computer equipment by mail at no charge to the consumer;</p><p>2. A system using a physical collection site that the manufacturer or the manufacturer's designee operates and to which the consumer may return computer equipment; and</p><p>3. A system using collection events held by the manufacturer or the manufacturer's designee at which the consumer may return computer equipment.</p><p>D. Collection services under this section may use existing collection and consolidation infrastructure for handling computer equipment and should encourage the inclusion of systems jointly managed by a group of manufacturers, electronic recyclers and repair shops, recyclers of other commodities, reuse organizations, not-for-profit corporations, retailers, recyclers, and other suitable operations. If a manufacturer or its designee offers a mail-back system as described in subdivision C 1, either individually, by working together with a group of manufacturers, or by working with others, it shall be deemed to meet the convenience requirements of this section.</p><p>E. The recovery plan shall include information for the consumer on how and where to return the manufacturer's computer equipment. The manufacturer:</p><p>1. Shall include collection, recycling, and reuse information on the manufacturer's publicly accessible website;</p><p>2. Shall provide collection, recycling, and reuse information to the Department; and</p><p>3. May include collection, recycling, and reuse information in the packaging or in other materials that accompany the manufacturer's computer equipment when the equipment is sold.</p><p>F. Information about collection, recycling, and reuse on a manufacturer's publicly accessible website does not constitute a determination by the Department that the manufacturer's recovery plan or actual practices are in compliance with this article.</p><p>G. If more than one person is a manufacturer of a certain brand of computer equipment as defined by § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.27/'>10.1-1425.27</a>, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer under this article for that brand. If none of those persons assumes responsibility or satisfies the obligations of a manufacturer for the computer equipment of that brand, any of those persons may be considered to be the responsible manufacturer for purposes of this article.</p><p>H. The obligations under this article of a manufacturer who manufactures or manufactured computer equipment, or sells or sold computer equipment manufactured by others, under a brand that was previously used by a different person in the manufacture of the computer equipment extends to all computer equipment bearing that brand regardless of its date of manufacture.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.29/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.3
|
10.1-1425.3
|
Inspection of battery retailers; penalty
|
<p>The Department shall produce, print, and distribute the notices required by § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.2/'>10.1-1425.2</a> to all places in the Commonwealth where lead acid batteries are offered for sale at retail. In performing its duties under this section, the Department may inspect any place, building, or premises subject to the provisions of § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.2/'>10.1-1425.2</a>. Authorized employees of the Department may issue warnings to persons who fail to comply with the provisions of this article. Any person found guilty of failing to post the notice required under § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.2/'>10.1-1425.2</a> after receiving a warning to do so pursuant to this section shall be punished by a fine of not more than fifty dollars.</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.30
|
10.1-1425.30
|
Reporting requirements
|
<p>Each manufacturer shall publish a report on its publicly accessible website no later than January 31 of each year that includes:</p><p>1. The name and contact information of the representative responsible for the manufacturer's recovery plan;</p><p>2. The weight of computer equipment collected, recycled, and reused during the preceding calendar year; and</p><p>3. Documentation certifying that the collection, recycling, and reuse of computer equipment complies with § <a href='http://law.lis.virginia.gov/vacode/10.1-1425.38/'>10.1-1425.38</a> regarding sound environmental management.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.30/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.31
|
10.1-1425.31
|
Retailer responsibility
|
<p>A person who is a retailer of computer equipment may not sell or offer to sell new computer equipment in the Commonwealth unless the equipment is labeled with the manufacturer's label and the manufacturer has a recovery plan that complies with the provisions of this article and is accessible on the manufacturer's website. A retailer who is not a manufacturer is not required to collect computer equipment for recycling or reuse under this article.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.31/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.32
|
10.1-1425.32
|
Liability for information stored on computers
|
<p>A manufacturer, manufacturer's designee, or retailer of computer equipment is not liable in any way for information in any form that a consumer leaves on computer equipment that is collected, recycled, or reused under this article, provided that the manufacturer's website (i) conspicuously states such disclaimer of liability and (ii) provides detailed information regarding how a consumer may erase such information from the computer equipment or protect information that the consumer leaves on such computer equipment from disclosure. This article does not exempt a person from potential liability under other federal or state law.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.32/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.33
|
10.1-1425.33
|
Department responsibilities
|
<p>A. The Department shall maintain a list of manufacturers on its website that have notified the Department of the availability of a recovery plan for the Commonwealth. Covered computer equipment from manufacturers on that list may be sold in or into the Commonwealth.</p><p>B. The Department shall provide links to the following information on its website:</p><p>1. Manufacturers' collection, recycling, and reuse programs, including manufacturers' recovery plans, provided by manufacturers pursuant to this article; and</p><p>2. The potential security issues regarding personal information stored on computer equipment that is collected, recycled, or reused.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.33/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.34
|
10.1-1425.34
|
Enforcement
|
<p>The Office of the Attorney General may enforce the provisions of this article by taking enforcement action against a manufacturer or retailer that fails to comply with this article.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.34/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.35
|
10.1-1425.35
|
Financial and proprietary information
|
<p>Financial or proprietary information submitted to the Department under this article is exempt from public disclosure.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.35/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.36
|
10.1-1425.36
|
Fees not authorized
|
<p>This article does not authorize the Department to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses computer equipment.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.36/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.37
|
10.1-1425.37
|
Consumer responsibilities
|
<p>A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.37/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.38
|
10.1-1425.38
|
Sound environmental management
|
<p>All computer equipment collected under this article shall be recycled or reused in a manner that complies with federal, state, and local law.</p><p>2008, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?081+ful+CHAP0541'>541</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/section10.1-1425.38/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.39
|
10.1-1425.39
|
Rechargeable battery recycling and disposal program
|
<p>A. As used in this section "rechargeable battery" means any removable, dry-cell, rechargeable battery weighing less than two pounds consisting of one or more electrically connected electrochemical cells that are designed to receive, store, and deliver electric energy.</p><p>B. Any locality may, by ordinance, prohibit the disposal of rechargeable batteries in any waste-to-energy or solid waste disposal facility within its jurisdiction, provided the locality has implemented a recycling program that is capable of handling all rechargeable batteries generated within its jurisdiction. However, no such ordinance shall contain any provision that penalizes anyone other than the last user of such rechargeable batteries.</p><p>2009, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?091+ful+CHAP0365'>365</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/section10.1-1425.39/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.4
|
10.1-1425.4
|
Lead acid battery wholesalers; penalty
|
<p>A. It shall be unlawful for any person selling new lead acid batteries at wholesale to not accept from customers at the point of transfer, used lead acid batteries of the type and in a quantity at least equal to the number of new batteries purchased, if offered by customers. A person accepting batteries in transfer from a battery retailer shall be allowed a period not to exceed ninety days to remove batteries from the retail point of collection.</p><p>B. Any person found guilty of a violation of this section shall be punished by a fine of not more than fifty dollars. Each battery unlawfully refused by a wholesaler or not removed from the retail point of collection within ninety days 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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.4/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.5
|
10.1-1425.5
|
Construction of article
|
<p>The provisions of this article shall not be construed to prohibit any person who does not sell new lead acid batteries from collecting and recycling such batteries.</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>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1425.5/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.6
|
10.1-1425.6
|
Recycling programs of state agencies
|
<p>A. It shall be the duty of each baccalaureate public institution of higher education in the Commonwealth and state agency of the Commonwealth, including the General Assembly, to establish programs for the use of recycled materials and for the collection, to the extent feasible, of all recyclable materials used or generated by such entities, including, at a minimum, used motor oil, glass, aluminum, office paper and corrugated paper. Such programs shall be in accordance with the programs and plans developed by the Department of Waste Management, which shall serve as the lead agency for the Commonwealth's recycling efforts. The Department shall develop such programs and plans by July 1, 1991.</p><p>B. In fulfilling its duties under this section, each agency of the Commonwealth shall implement procedures for (i) the collection and storage of recyclable materials generated by such agency, (ii) the disposal of such materials to buyers, and (iii) the reduction of waste materials generated by such agency.</p><p>1990, c. 616.</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/section10.1-1425.6/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.7
|
10.1-1425.7
|
Duty of the Department of Small Business and Supplier Diversity
|
<p>The Department of Small Business and Supplier Diversity shall assist the Department by encouraging and promoting the establishment of appropriate recycling industries in the Commonwealth.</p><p>1990, c. 616; 1996, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0589'>589</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0599'>599</a>; 2013, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0482'>482</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/section10.1-1425.7/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.8
|
10.1-1425.8
|
Department of Transportation; authority and duty
|
<p>The Department of Transportation is authorized to conduct recycling research projects, including the establishment of demonstration projects which use recycled products in highway construction and maintenance. Such projects may include by way of example and not by limitation the use of ground rubber from used tires or glass for road surfacing, resurfacing and sub-base materials, as well as the use of plastic or mixed plastic materials for ground or guard rail posts, right-of-way fence posts and sign supports.</p><p>The Department of Transportation shall periodically review and revise its bid procedures and specifications to encourage the use of products and materials with recycled content in its construction and maintenance programs.</p><p>The Commissioner of Highways may continue to provide for the collection of used motor oil and motor vehicle antifreeze from the general public at maintenance facilities in the County of Bath. The Commissioner of Highways may designate the source of funding for the collection and disposal of these materials.</p><p>1990, c. 616; 1993, c. 801; 1994, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?941+ful+CHAP0419'>419</a>; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0109'>109</a>; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP0290'>290</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/section10.1-1425.8/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1425.9
|
10.1-1425.9
|
Duties of the Department of Education
|
<p>With the assistance of the Department of Waste Management, the Department of Education shall develop by July 1, 1992, guidelines for public schools regarding (i) the use of recycled materials, (ii) the collection of recyclable materials, and (iii) the reduction of solid waste generated in such school's offices, classrooms and cafeterias.</p><p>1990, c. 616.</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/section10.1-1425.9/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1426
|
10.1-1426
|
Permits required; waiver of requirements; reports; conditional permits
|
<p>A. No person shall store, provide treatment for, or dispose of a hazardous waste without a permit from the Director.</p><p>B. Any person generating, transporting, storing, providing treatment for, or disposing of a hazardous waste shall report to the Director, by such date as the Board specifies by regulation, the following: (i) his name and address, (ii) the name and nature of the hazardous waste, and (iii) the fact that he is generating, transporting, storing, providing treatment for or disposing of a hazardous waste. A person who is an exempt small quantity generator of hazardous wastes, as defined by the administrator of the Environmental Protection Agency, shall be exempt from the requirements of this subsection.</p><p>C. Any permit shall contain the conditions or requirements required by the Board's regulations and the federal acts.</p><p>D. Upon the issuance of an emergency permit for the storage of hazardous waste, the Director shall notify the chief administrative officer of the local government for the jurisdiction in which the permit has been issued.</p><p>E. The Director may deny an application under this article on any grounds for which a permit may be amended, suspended or revoked listed under subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-1427/'>10.1-1427</a>.</p><p>F. Any locality or state agency may collect hazardous waste from exempt small quantity generators for shipment to a permitted treatment or disposal facility if done in accordance with (i) a permit to store, treat, or dispose of hazardous waste issued pursuant to this chapter or (ii) a permit to transport hazardous waste, and the wastes collected are stored for no more than 10 days prior to shipment to a permitted treatment or disposal facility. If household hazardous waste is collected and managed with hazardous wastes collected from exempt small quantity generators, all waste shall be managed in accordance with the provisions of this subsection.</p><p>1986, cc. 492, 563, § 10-279; 1988, c. 891; 1992, c. 463; 2004, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?041+ful+CHAP0442'>442</a>; 2014, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?141+ful+CHAP0139'>139</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/section10.1-1426/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1427
|
10.1-1427
|
Revocation, suspension 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 (i) results in a release of harmful substances into the environment, (ii) poses a threat of release of harmful substances into the environment, (iii) presents a hazard to human health, or (iv) is representative of a pattern of serious or repeated violations which, in the opinion of the Director, demonstrates the permittee's disregard for or inability to comply with applicable laws, regulations or requirements;</p><p>2. The person to whom the permit was issued abandons, sells, leases or ceases to operate the facility permitted;</p><p>3. The facilities used in the transportation, storage, treatment or disposal of hazardous waste are operated, located, constructed or maintained in such a manner as to 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>4. Such protective construction or equipment as is found to be reasonable, technologically feasible and necessary to prevent substantial present or potential hazard to human health and welfare or the environment has not been installed at a facility used for the storage, treatment or disposal of a hazardous waste; or</p><p>5. Any key personnel have 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 (§ <a href='http://law.lis.virginia.gov/vacode/54.1-3400/'>54.1-3400</a> et seq.); 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 control 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 his 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 hazardous wastes are no longer being stored, treated or disposed of at a facility in accordance with Board regulations, the Director may revoke the permit issued for such facility or, as a condition to granting or continuing in effect a permit, may require the person to whom the permit was issued to provide perpetual care and surveillance of the facility.</p><p>1986, c. 492, § 10-280; 1988, c. 891; 1992, c. 463.</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/section10.1-1427/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1428
|
10.1-1428
|
Financial responsibility for abandoned facilities; penalties
|
<p>A. The Board shall promulgate regulations which ensure that, if a facility in which hazardous waste is stored, treated, or disposed is closed or 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.</p><p>B. Such regulations may include bonding requirements, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or other mechanisms that the Department deems appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the hazardous waste, the cost of disposal of the hazardous waste and the cost of restoring the facility to a safe condition.</p><p>C. No state 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 this article of any other legal obligations for the consequences of abandonment of any facility.</p><p>E. Any funds forfeited pursuant to this section and the regulations of the Board shall be paid over to the Director, who shall then expend the forfeited funds as necessary 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 section.</p><p>F. Any person who knowingly and willfully abandons a hazardous 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 hazardous 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, § 10-281; 1988, c. 891; 1991, c. 702; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0180'>180</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/section10.1-1428/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1429
|
10.1-1429
|
Notice of release of hazardous substance
|
<p>Any person responsible for the release of a hazardous substance from a fixed facility which poses an immediate or imminent threat to public health and who is required by law to notify the National Response Center shall notify the chief administrative officer or his designee of the local government of the jurisdiction in which the release occurs and shall also notify the Department.</p><p>1986, c. 492, § 10-282; 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/section10.1-1429/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1429.1
|
10.1-1429.1
|
Repealed
|
<p>Repealed by Acts 2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>, cl. 2, effective July 1, 2002.</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/section10.1-1429.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1429.4
|
10.1-1429.4
|
Repealed
|
<p>Repealed by Acts 2002, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?021+ful+CHAP0378'>378</a>, cl. 2, effective July 1, 2002.</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/section10.1-1429.4/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1430
|
10.1-1430
|
Authority of Governor to enter into agreements with federal government; effect on federal licenses
|
<p>The Governor is authorized to enter into agreements with the federal government providing for discontinuance of the federal government's responsibilities with respect to low-level radioactive waste and the assumption thereof by the Commonwealth.</p><p>1986, c. 492, § 10-283; 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/section10.1-1430/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1431
|
10.1-1431
|
Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel
|
<p>A. The Board, with the prior approval of the Governor, is authorized to enter into agreements with the federal government, other states or interstate agencies, whereby the Commonwealth will perform, on a cooperative basis with the federal government, other states or interstate agencies, inspections or other functions relating to control of low-level radioactive waste.</p><p>B. The Board may institute programs to train personnel to carry out the provisions of this article and, with the prior approval of the Governor, may make such personnel available for participation in any program of the federal government, other states or interstate agencies in furtherance of this chapter.</p><p>1986, c. 492, § 10-284; 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/section10.1-1431/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1432
|
10.1-1432
|
Further powers of Board
|
<p>The Board shall have the power, subject to the approval of the Governor:</p><p>1. To acquire by purchase, exercise the right of eminent domain as provided in Chapter 2 (§ <a href='http://law.lis.virginia.gov/vacode/25.1-200/'>25.1-200</a> et seq.) of Title 25.1 grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board as constituting necessary, desirable or acceptable sites for low-level radioactive waste management, including lands adjacent to a project site as in the discretion of the Board may be necessary or suitable for restricted areas. In all instances lands that are to be designated as radioactive waste material sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose;</p><p>2. To convey or lease, for such term as in the discretion of the Board may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease if the grantee or lessee ceases to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article. However, radioactive waste material sites may be leased but may not otherwise be disposed of except to another department, agency or institution of the Commonwealth or to the United States;</p><p>3. To assume responsibility for perpetual custody and maintenance of radioactive waste held for custodial purposes at any publicly or privately operated facility located within the Commonwealth if the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board may collect fees from private or public parties holding radioactive waste for perpetual custodial purposes in order to finance such perpetual custody and maintenance as the Board may undertake. The fees shall be sufficient in each individual case to defray the estimated cost of the Board's custodial management activities for that individual case. All such fees, when received by the Board, shall be credited to a special fund of the Department, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations; and</p><p>4. To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used as custodial sites for radioactive waste.</p><p>1986, c. 492, § 10-285; 1988, c. 891; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</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/section10.1-1432/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1433
|
10.1-1433
|
Definitions
|
<p>As used in this article, unless the context requires a different meaning:</p><p>"Applicant" means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor.</p><p>"Application" means an application to the Board for a certification of site suitability.</p><p>"Certification of site suitability" or "certification" means the certification issued by the Board pursuant to this chapter.</p><p>"Criteria" means the criteria adopted by the Board, pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1436/'>10.1-1436</a>.</p><p>"Fund" means the Technical Assistance Fund created pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1448/'>10.1-1448</a>.</p><p>"Hazardous waste facility" or "facility" means any facility, including land and structures, appurtenances, improvements and equipment for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. For the purposes of this article, it does not include: (i) facilities which are owned and operated by and exclusively for the on-site treatment, storage or disposal of wastes generated by the owner or operator; (ii) facilities for the treatment, storage or disposal of hazardous wastes used principally as fuels in an on-site production process; (iii) facilities used exclusively for the pretreatment of wastes discharged directly to a publicly owned sewage treatment works.</p><p>"Hazardous waste management facility permit" means the permit for a hazardous waste management facility issued by the Director or the U.S. Environmental Protection Agency.</p><p>"Host community" means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed.</p><p>"On-site" means facilities that are located on the same or geographically contiguous property which may be divided by public or private right-of-way, and the entrance and exit between the contiguous properties is at a cross-roads intersection so that the access is by crossing, as opposed to going along, the right-of-way. On-site also means noncontiguous properties owned by the same person but connected by a right-of-way which the owner controls and to which the public does not have access.</p><p>"Operator" means a person who is responsible for the overall operation of a facility.</p><p>"Owner" means a person who owns a facility or a part of a facility.</p><p>"Storage" means the containment or holding of hazardous wastes pending treatment, recycling, reuse, recovery or disposal.</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 hazardous 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>1986, c. 492, § 10-288; 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/section10.1-1433/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1434
|
10.1-1434
|
Additional powers and duties of the Board
|
<p>A. In addition to its other powers and duties, with regard to hazardous waste the Board shall have the power and duty to:</p><p>1. Require that hazardous waste is treated, stored and disposed of properly;</p><p>2. Provide information to the public regarding the proper methods of hazardous waste disposal;</p><p>3. Establish procedures, where feasible, to eliminate or reduce the disproportionate burden which may be placed on a community in which is located a hazardous waste treatment, storage or disposal facility, by any means appropriate, including mitigation or compensation;</p><p>4. Require that the Department compiles, maintains, and makes available to the public, information on the use and availability of conflict resolution techniques so that controversies and conflicts over the local impacts of hazardous waste facility siting decisions may be resolved by negotiation, mediation or similar techniques;</p><p>5. Encourage, whenever possible, alternatives to land burial of hazardous wastes, which will reduce, separate, neutralize, recycle, exchange or destroy hazardous wastes; and</p><p>6. Regulate hazardous waste treatment, storage and disposal facilities and require that the costs of long-term post-closure care and maintenance of these facilities is born by their owners and operators.</p><p>B. In addition to its other powers and duties, with regard to certification of hazardous waste facility sites the Board shall have the power and duty to:</p><p>1. Subject to the approval of the Governor, request the use of the resources and services of any state department or agency for technical assistance in the performance of the Board's duties;</p><p>2. Hold public meetings or hearings on any matter related to the siting of hazardous waste facilities;</p><p>3. Coordinate the preparation of and to adopt criteria for the siting of hazardous waste facilities;</p><p>4. Grant or deny certification of site approval for construction of hazardous waste facilities;</p><p>5. Promulgate regulations and procedures for approval of hazardous waste facility sites;</p><p>6. Adopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and site certifications; and</p><p>7. Perform any acts authorized by this chapter under, through or by means of its own officers, agents and employees, or by contract with any person.</p><p>1986, c. 492, §§ 10-287, 10-290; 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/section10.1-1434/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1435
|
10.1-1435
|
Certification of site approval required; "construction" defined; remedies
|
<p>A. No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the Board in the manner prescribed herein. For the purpose of this section, "construct" and "construction" mean (i) with respect to new facilities, the significant alteration of a site to install permanent equipment or structures or the installation of permanent equipment or structures; (ii) with respect to existing facilities, the alteration or expansion of existing structures or facilities to initially accommodate hazardous waste, any expansion of more than fifty percent of the area or capacity of an existing hazardous waste facility, or any change in design or process of a hazardous waste facility that will, in the opinion of the Board, result in a substantially different type of facility. Construction does not include preliminary engineering or site surveys, environmental studies, site acquisition, acquisition of an option to purchase or activities normally incident thereto.</p><p>B. Upon receiving a written request from the owner or operator of the facility, the Board may allow, without going through the procedures of this article, any changes in the facilities which are designed to:</p><p>1. Prevent a threat to human health or the environment because of an emergency situation;</p><p>2. Comply with federal or state laws and regulations; or</p><p>3. Demonstrably result in safer or environmentally more acceptable processes.</p><p>C. Any person violating this section may be enjoined by the circuit court of the jurisdiction wherein the facility is located or the proposed facility is to be located. Such an action may be instituted by the Board, the Attorney General, or the political subdivision in which the violation occurs. In any such action, it shall not be necessary for the plaintiff to plead or prove irreparable harm or lack of an adequate remedy at law. No person shall be required to post any injunction bond or other security under this section. No action may be brought under this section after a certification of site approval has been issued by the Board, notwithstanding the pendency of any appeals or other challenges to the Board's action. In any action under this section, the court may award reasonable costs of litigation, including attorney and expert witness fees, to any party if the party substantially prevails on the merits of the case and if in the determination of the court the party against whom the costs are awarded has acted unreasonably.</p><p>1986, c. 492, § 10-291; 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/section10.1-1435/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1436
|
10.1-1436
|
Site approval criteria
|
<p>A. The Board shall promulgate criteria for approval of hazardous waste facility sites. The criteria shall be designed to prevent or minimize the location, construction, or operation of a hazardous waste facility from resulting in (i) any significant adverse impact on the environment and natural resources, and (ii) any significant adverse risks to public health, safety or welfare. The criteria shall also be designed to eliminate or reduce to the extent practicable any significant adverse impacts on the quality of life in the host community and the ability of its inhabitants to maintain quiet enjoyment of their property. The criteria shall ensure that previously approved local comprehensive plans are considered in the certification of hazardous waste facility sites.</p><p>B. To avoid, to the maximum extent feasible, duplication with existing agencies and their areas of responsibility, the criteria shall reference, and the Board shall list in the draft and final certifications required hereunder, the agency approvals required and areas of responsibility concerning a site and its operation. The Board shall not review or make findings concerning the adequacy of those agency approvals and areas of responsibility.</p><p>C. The Board shall make reasonable efforts to reduce or eliminate duplication between the criteria and other applicable regulations and requirements.</p><p>D. The criteria may be amended or modified by the Board at any time.</p><p>1986, c. 492, § 10-292; 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/section10.1-1436/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1437
|
10.1-1437
|
Notice of intent to file application for certification of site approval
|
<p>A. Any person may submit to the Board a notice of intent to file an application for a certification of site approval. The notice shall be in such form as the Board may prescribe by regulation. Knowingly falsifying information, or knowingly withholding any material information, shall void the notice and shall constitute a felony punishable by confinement in the penitentiary for one year or, in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months, a fine of not more than $10,000, or both.</p><p>Any state agency filing a notice of intent shall include therein a statement explaining why the Commonwealth desires to build a hazardous waste facility and how the public interest would be served thereby.</p><p>B. Within forty-five days of receipt of such a notice, the Board shall determine whether it is complete. The Board shall reject any incomplete notice, advise the applicant of the information required to complete it, and allow reasonable time to correct any deficiencies.</p><p>C. Upon receipt of the notice, the Board, at the applicant's expense, shall:</p><p>1. Deliver or cause to be delivered a copy of the notice of intent together with a copy of this article to the governing body of each host community and to each person owning property immediately adjoining the site of the proposed facility; and</p><p>2. Have an informative description of the notice published in a newspaper of general circulation in each host community once each week for four successive weeks. The description shall include the name and address of the applicant, a description of the proposed facility and its location, the places and times where the notice of intent may be examined, the address and telephone number of the Board or other state agency from which information may be obtained, and the date, time and location of the initial public briefing meeting on the notice.</p><p>1986, c. 492, § 10-293; 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/section10.1-1437/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1438
|
10.1-1438
|
Powers of governing body of host community; technical assistance
|
<p>A. The governing body of a host community shall have the power to:</p><p>1. Hire and pay consultants and other experts on behalf of the host community in matters pertaining to the siting of the facility;</p><p>2. Receive and disburse moneys from the fund, and any other moneys as may be available; and</p><p>3. Enter into a contract, which may be assignable at the parties' option, binding upon the governing body of the host community and enforceable against it and future governing bodies of the host community in any court of competent jurisdiction, with an applicant by signing a siting agreement pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1442/'>10.1-1442</a>.</p><p>B. The Board shall make available to the governing body from the fund a reasonable sum of money to be determined by the Board. This shall be used by the governing body to hire consultants to provide it with technical assistance and information necessary to aid the governing body in its review of the siting proposal, negotiations with the applicant and the development of a siting agreement.</p><p>Unused moneys from the fund shall be returned to the Board. The governing body shall provide the Board with a certified accounting statement of any moneys expended from the fund.</p><p>C. The governing body of the host community may appoint a local advisory committee to facilitate communication and the exchange of information among the local government, the community, the applicant and the Board.</p><p>D. Notwithstanding the foregoing provisions of this article, the governing body of a host community may notify the Board, within fifteen days after the briefing meeting pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1439/'>10.1-1439</a>, that it has elected to waive further participation under the provisions of this article. After receiving notification from the host community, the Board may issue certification of site approval without further participation by the host community under the provisions of this section and § <a href='http://law.lis.virginia.gov/vacode/10.1-1442/'>10.1-1442</a>. Nothing shall prevent a host community from submitting comments on the application or participating in any public hearing or meeting held pursuant to this chapter, nor shall the host community be precluded from enforcing its regulations and ordinances as provided by subsection G of § <a href='http://law.lis.virginia.gov/vacode/10.1-1446/'>10.1-1446</a>.</p><p>1986, c. 492, § 10-294; 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/section10.1-1438/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1439
|
10.1-1439
|
Briefing meetings
|
<p>A. Not more than seventy-five nor less than sixty days after the delivery of the notice of intent to the host community, the Board shall conduct a briefing meeting in or in reasonable proximity to the host community. A quorum of the Board shall be present. Notice of the date, time, place and purpose of the briefing session shall be prepared by the Board and shall accompany the notice of intent delivered pursuant to subdivision C 1 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1437/'>10.1-1437</a> and shall be included in the notice published pursuant to subdivision C 2 of § <a href='http://law.lis.virginia.gov/vacode/10.1-1437/'>10.1-1437</a>.</p><p>At least one representative of the applicant shall be present at the briefing meeting.</p><p>The Board shall adopt procedures for the conduct of briefing meetings. The briefing meeting shall provide information on the proposed site and facility and comments, suggestions and questions thereon shall be received.</p><p>B. The Board may conduct additional briefing meetings at any time in or near a host community, provided that at least fifteen days in advance of a meeting, notice of the date, time, place and purpose of the meeting is delivered in writing to the applicant, each member of the governing body and to all owners of property adjoining the proposed site.</p><p>C. A stenographic or electronic record shall be made of all briefing meetings. The record shall be available for inspection during normal business hours.</p><p>1986, c. 492, § 10-295; 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/section10.1-1439/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1440
|
10.1-1440
|
Impact analysis
|
<p>A. The applicant shall submit to the Board a draft impact analysis for the proposed facility within ninety days after the initial briefing meeting. At the applicant's expense, copies of the draft impact analysis shall be furnished as follows: five to the host community, and one to each person owning property adjoining the site of the proposed facility. At least one copy shall be made available at a convenient location in the host community for public inspection and copying during normal business hours.</p><p>B. The draft impact analysis shall include a detailed assessment of the project's suitability with respect to the criteria and other information the Board may require by regulation.</p><p>C. The Board, at the applicant's expense, shall cause notice of the filing of the draft impact analysis to be made in the manner provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1447/'>10.1-1447</a> within ten days of receipt. The notice shall include (i) a general description of the analysis, (ii) a list of recipients, (iii) a description of the places and times that the analysis will be available for inspection, (iv) a description of the Board's procedures for receiving comments on the analysis, and (v) the addresses and telephone numbers for obtaining information from the Board.</p><p>D. The Board shall allow forty-five days after publication of notice for comment on the draft impact analysis. No sooner than thirty and no more than forty days after publication of notice of the draft impact analysis, the Board shall conduct a public meeting on the draft impact analysis in or near the host community. The meeting shall be for the purpose of explaining, answering questions and receiving comments on the draft impact analysis. A representative of the governing body and a representative of the applicant shall be present at the meeting.</p><p>E. Within ten days after the close of the comment period, the Board shall forward to the applicant a copy of all comments received on the draft impact analysis, together with its own comments.</p><p>F. The applicant shall prepare and submit a final impact analysis to the Board after receiving the comments. The final impact analysis shall reflect the comments as they pertain to each of the items listed in subsection B of this section. Upon request, a copy of the final impact analysis shall be provided by the applicant to each of the persons who received the draft impact analysis.</p><p>G. This section shall not apply when the host community has elected to waive participation under subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1438/'>10.1-1438</a>.</p><p>1986, c. 492, § 10-296; 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/section10.1-1440/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1441
|
10.1-1441
|
Application for certification of site approval
|
<p>A. At any time within six months after submission of the final impact analysis, the applicant may submit to the Board an application for certification of site approval. The application shall contain:</p><p>1. Conceptual engineering designs for the proposed facility;</p><p>2. A detailed description of the facility's suitability to meet the criteria promulgated by the Board, including any design and operation measures that will be necessary or otherwise undertaken to meet the criteria; and</p><p>3. A siting agreement, if one has been executed pursuant to subsection C of § <a href='http://law.lis.virginia.gov/vacode/10.1-1442/'>10.1-1442</a>, or, if none has been executed, a statement to that effect.</p><p>B. The application shall be accompanied by whatever fee the Board, by regulation, prescribes pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1434/'>10.1-1434</a>.</p><p>C. The Board shall review the application for completeness and notify the applicant within fifteen days of receipt that the application is incomplete or complete.</p><p>If the application is incomplete, the Board shall advise the applicant of the information necessary to make the application complete. The Board shall take no further action until the application is complete.</p><p>If the application is complete, the Board shall direct the applicant to furnish copies of the application to the following: five to the host community, one to the Director, and one to each person owning property adjoining the proposed site. At least one copy of the application shall be made available by the applicant for inspection and copying at a convenient place in a host community during normal business hours.</p><p>D. The Board shall cause notice of the application to be made in the manner provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1447/'>10.1-1447</a> and shall notify each governing body that upon publication of the notice the governing body shall conclude all negotiations with the applicant within thirty days of publication of the notice. The applicant and the governing body may, by agreement, extend the time for negotiation to a fixed date and shall forthwith notify the Board of this date. The Board may also extend the time to a fixed date for good cause shown.</p><p>If the host community has waived participation under the provisions of subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1438/'>10.1-1438</a>, the Board shall, at the time that notice of the application is made, request that the governing body submit, within thirty days of receiving notice, a report meeting the requirements of subdivision 2 of subsection E of this section.</p><p>E. At the end of the period specified in subsection D of this section, a governing body shall submit to the Board and to the applicant a report containing:</p><p>1. A complete siting agreement, if any, or in case of failure to reach full agreement, a description of points of agreement and unresolved points; and</p><p>2. Any conditions or restrictions on the construction, operation or design of the facility that are required by local ordinance.</p><p>F. If the report is not submitted within the time required, the Board may proceed as specified in subsection A of § <a href='http://law.lis.virginia.gov/vacode/10.1-1443/'>10.1-1443</a>.</p><p>G. The applicant may submit comments on the report of the governing body at any time prior to the issuance of the draft certification of site approval.</p><p>H. Notwithstanding any other provision of this chapter, if the host community has notified the Board, pursuant to subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1438/'>10.1-1438</a>, that it has elected to waive further participation hereunder, the Board shall so notify the applicant within fifteen days of receipt of notice from the host community, and shall advise the applicant of the time for submitting its application for certification of site approval. The applicant shall submit its application within the time prescribed by the Board, which time shall not be less than ninety days unless the applicant agrees to a shorter time.</p><p>1986, c. 492, § 10-297; 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/section10.1-1441/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1442
|
10.1-1442
|
Negotiations; siting agreement
|
<p>A. The governing body or its designated representatives and the applicant, after submission of notice of intent to file an application for certification of site approval, may meet to discuss any matters pertaining to the site and the facility, including negotiations of a siting agreement. The time and place of any meeting shall be set by agreement, but at least forty-eight hours' notice shall be given to members of the governing body and the applicant.</p><p>B. The siting agreement may include any terms and conditions, including mitigation of adverse impacts and financial compensation to the host community, concerning the facility.</p><p>C. The siting agreement shall be executed by the signatures of (i) the chief executive officer of the host community, who has been so directed by a majority vote of the local governing body, and (ii) the applicant or authorized agent.</p><p>D. The Board shall assist in facilitating negotiations between the local governing body and the applicant.</p><p>E. No injunction, stay, prohibition, mandamus or other order or writ shall lie against the conduct of negotiations or discussions concerning a siting agreement or against the agreement itself, except as they may be conducted in violation of the provisions of this chapter or any other state or federal law.</p><p>1986, c. 492, § 10-298; 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/section10.1-1442/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1443
|
10.1-1443
|
Draft certification of site approval
|
<p>A. Within thirty days after receipt of the governing body's report or as otherwise provided in subsection F of § <a href='http://law.lis.virginia.gov/vacode/10.1-1441/'>10.1-1441</a>, the Board shall issue or deny a draft certification of site approval.</p><p>When application is made pursuant to subsection H of § <a href='http://law.lis.virginia.gov/vacode/10.1-1441/'>10.1-1441</a>, the Board shall issue or deny draft certification of site approval within ninety days after receipt of the completed application.</p><p>B. The Board may deny the application for certification of site approval if it finds that the applicant has failed or refused to negotiate in good faith with the governing body for the purpose of attempting to develop a siting agreement.</p><p>C. The draft certification of site approval shall specify the terms, conditions and requirements that the Board deems necessary to protect health, safety, welfare, the environment and natural resources.</p><p>D. Copies of the draft certification of site approval, together with notice of the date, time and place of public hearing required under § <a href='http://law.lis.virginia.gov/vacode/10.1-1444/'>10.1-1444</a>, shall be delivered by the Board to the governing body of each host community, and to persons owning property adjoining the site for the proposed facility. At least one copy of the draft certification shall be available at a convenient location in the host community for inspection and copying during normal business hours.</p><p>1986, c. 492, § 10-299; 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/section10.1-1443/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1444
|
10.1-1444
|
Public hearing on draft certification of site approval
|
<p>A. The Board shall conduct a public hearing on the draft certification not less than fifteen nor more than thirty days after the first publication of notice. A quorum of the Board shall be present. The hearing shall be conducted in the host community.</p><p>B. Notice of the hearing shall be made at the applicant's expense and in the manner provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1447/'>10.1-1447</a>. It shall include:</p><p>1. A brief description of the terms and conditions of the draft certification;</p><p>2. Information describing the date, time, place and purpose of the hearing;</p><p>3. The name, address and telephone number of an official designated by the Board from whom interested persons may obtain access to documents and information concerning the proposed facility and the draft application;</p><p>4. A brief description of the rules and procedures to be followed at the hearing and the time for receiving comments; and</p><p>5. The name, address and telephone number of an official designated by the Board to receive written comments on the draft certification.</p><p>C. The Board shall designate a person to act as hearing officer for the receipt of comments and testimony at the public hearing. The hearing officer shall conduct the hearing in an expeditious and orderly fashion, according to such rules and procedures as the Board shall prescribe.</p><p>D. A transcript of the hearing shall be made and shall be incorporated into the hearing record.</p><p>E. Within fifteen days after the close of the hearing, the hearing officer shall deliver a copy of the hearing record to each member of the Board. The hearing officer may prepare a summary to accompany the record, and this summary shall become part of the record.</p><p>1986, c. 492, § 10-300; 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/section10.1-1444/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1445
|
10.1-1445
|
Final decision on certification of site approval
|
<p>A. Within forty-five days after the close of the public hearing, the Board shall meet within or near the host community and shall vote to issue or deny the certification of site approval. The Board may include in the certification any terms and conditions which it deems necessary and appropriate to protect and prevent injury or adverse risk to health, safety, welfare, the environment and natural resources. At least seven days' notice of the date, time, place and purpose of the meeting shall be made in the manner provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1447/'>10.1-1447</a>. No testimony or evidence will be received at the meeting.</p><p>B. The Board shall grant the certification of site approval if it finds:</p><p>1. That the terms and conditions thereof will protect and prevent injury or unacceptable adverse risk to health, safety, welfare, the environment and natural resources;</p><p>2. That the facility will comply and be consistent with the criteria promulgated by the Board; and</p><p>3. That the applicant has made reasonable and appropriate efforts to reach a siting agreement with the host community including, though not limited to, efforts to mitigate or compensate the host community and its residents for any adverse economic effects of the facility. This requirement shall not apply when the host community has waived participation pursuant to subsection D of § <a href='http://law.lis.virginia.gov/vacode/10.1-1438/'>10.1-1438</a>.</p><p>C. The Board's decision to grant or deny certification shall be based on the hearing record and shall be accompanied by the written findings of fact and conclusions upon which the decision was based. The Board shall provide the applicant and the governing body of the host community with copies of the decision, together with the findings and conclusions, by certified mail.</p><p>D. The grant or denial of certification shall constitute final action by the Board.</p><p>1986, c. 492, § 10-301; 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/section10.1-1445/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1446
|
10.1-1446
|
Effect of certification
|
<p>A. Grant of certification of site approval shall supersede any local ordinance or regulation that is inconsistent with the terms of the certification. Nothing in this chapter shall affect the authority of the host community to enforce its regulations and ordinances to the extent that they are not inconsistent with the terms and conditions of the certification of site approval. Grant of certification shall not preclude or excuse the applicant from the requirement to obtain approval or permits under this chapter or other state or federal laws. The certification shall continue in effect until it is amended, revoked or suspended.</p><p>B. The certification may be amended for cause under procedures and regulations prescribed by the Board.</p><p>C. The certification shall be terminated or suspended (i) at the request of the owner of the facility; (ii) upon a finding by the Board that conditions of the certification have been violated in a manner that poses a substantial risk to health, safety or the environment; (iii) upon termination of the hazardous waste facility permit by the Director or the EPA Administrator; or (iv) upon a finding by the Board that the applicant has knowingly falsified or failed to provide material information required in the notice of intent and application.</p><p>D. The facility owner shall promptly notify the Board of any changes in the ownership of the facility or of any significant changes in capacity or design of the facility.</p><p>E. Nothing in the certification shall constitute a defense to liability in any civil action involving private rights.</p><p>F. The Commonwealth may not acquire any site for a facility by eminent domain prior to the time certification of site approval is obtained. However, any agency or representative of the Commonwealth may enter upon a proposed site pursuant to the provisions of § <a href='http://law.lis.virginia.gov/vacode/25.1-203/'>25.1-203</a>.</p><p>G. The governing body of the host community shall have the authority to enforce local regulations and ordinances to the extent provided by subsection A of this section and the terms of the siting agreement. The local governing body may be authorized by the Board to enforce specified provisions of the certification.</p><p>1986, c. 492, § 10-302; 1988, c. 891; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0940'>940</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/section10.1-1446/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1447
|
10.1-1447
|
Public participation; notice
|
<p>A. Public participation in the development, revision and implementation of regulations and programs under this chapter shall be provided for, encouraged and assisted by the Board.</p><p>B. Whenever notice is required to be made under the terms of this chapter, unless the context expressly and exclusively provides otherwise, it shall be disseminated as follows:</p><p>1. By publication once each week for two successive weeks in a newspaper of general circulation within the area to be affected by the subject of the notice;</p><p>2. By broadcast over one or more radio stations within the area to be affected by the subject of the notice;</p><p>3. By mailing to each person who has asked to receive notice; and</p><p>4. By such additional means as the Board deems appropriate.</p><p>C. Every notice shall provide a description of the subject for which notice is made and shall include the name and telephone number of a person from whom additional information may be obtained.</p><p>1986, c. 492, § 10-303; 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/section10.1-1447/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1448
|
10.1-1448
|
Technical Assistance Fund
|
<p>A special fund, to be known as the Technical Assistance Fund, is created in the Office of the State Treasurer. The Fund shall consist of appropriations made to the Fund by the General Assembly. The Board shall make moneys from the Fund available to any host community for the purposes set out in subsection C of § <a href='http://law.lis.virginia.gov/vacode/10.1-1438/'>10.1-1438</a>.</p><p>1986, c. 492, § 10-304; 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/section10.1-1448/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1449
|
10.1-1449
|
Siting Dedicated Revenue Fund
|
<p>There is hereby established in the state treasury a special dedicated revenue fund to be designated as the "Siting Dedicated Revenue Fund," which shall consist of fees and other payments made by applicants to process applications for site certification as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1434/'>10.1-1434</a>, and other moneys appropriated thereto, gifts, grants, and the interest accruing thereon.</p><p>1986, c. 602, § 10-304.1; 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/section10.1-1449/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1450
|
10.1-1450
|
Waste Management Board to promulgate regulations regarding hazardous materials
|
<p>The Board shall promulgate regulations designating the manner and method by which hazardous materials shall be loaded, unloaded, packed, identified, marked, placarded, stored and transported. Such regulations shall be no more restrictive than any applicable federal laws or regulations.</p><p>1986, c. 492, § 10-305; 1988, c. 891; 1992, c. 208; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0260'>260</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/section10.1-1450/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1451
|
10.1-1451
|
Enforcement of article and regulations
|
<p>The Department of State Police and all other law-enforcement officers of the Commonwealth who have satisfactorily completed the course in Hazardous Materials Compliance and Enforcement as prescribed by the U.S. Department of Transportation, Research and Special Programs Administration, Office of Hazardous Materials Transportation, in federal safety regulations and safety inspection procedures pertaining to the transportation of hazardous materials, shall enforce the provisions of this article, and any rule or regulation promulgated hereunder. Those law-enforcement officers certified to enforce the provisions of this article and any regulation promulgated hereunder, shall annually receive in-service training in current federal safety regulations and safety inspection procedures pertaining to the transportation of hazardous materials.</p><p>1986, c. 492, § 10-306; 1988, cc. 14, 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/section10.1-1451/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1452
|
10.1-1452
|
Article not to preclude exercise of certain regulatory powers
|
<p>The provisions of this article shall not preclude the exercise of the statutory and regulatory powers of any agency, department or political subdivision of the Commonwealth having statutory authority to regulate hazardous materials on specified highways or portions thereof.</p><p>1986, c. 492, § 10-307; 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/section10.1-1452/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1453
|
10.1-1453
|
Exceptions
|
<p>This article shall not apply to regular military or naval forces of the United States, the duly authorized militia of any state or territory thereof, police or fire departments, or sheriff's offices and regional jails of this Commonwealth, provided the same are acting within their official capacity and in the performance of their duties, or to the transportation of hazardous radioactive materials in accordance with § <a href='http://law.lis.virginia.gov/vacode/44-146.30/'>44-146.30</a>.</p><p>1986, c. 492, § 10-308; 1988, c. 891; 1995, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?951+ful+CHAP0112'>112</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/section10.1-1453/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1454
|
10.1-1454
|
Transportation under United States regulations
|
<p>Any person transporting hazardous materials in accordance with regulations promulgated under the laws of the United States, shall be deemed to have complied with the provisions of this article, except when such transportation is excluded from regulation under the laws or regulations of the United States.</p><p>1986, c. 492, § 10-309; 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/section10.1-1454/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1454.1
|
10.1-1454.1
|
Regulation of wastes transported by water
|
<p>A. The Board shall develop regulations governing the commercial transport, loading and off-loading of nonhazardous solid waste (except scrap metal, dredged material, recyclable construction demolition debris being transported directly to a processing facility for recycling or reuse, and source-separated recyclables), municipal and industrial sludge, and regulated medical waste by ship, barge or other vessel upon the navigable waters of the Commonwealth as are necessary to protect the health, safety, and welfare of the citizens of the Commonwealth and to protect the Commonwealth's environment and natural resources from pollution, impairment or destruction. Included in the regulations shall be provisions governing (i) the issuance of permits by rule to facilities receiving nonhazardous solid waste (except scrap metal, dredged material, recyclable construction demolition debris being transported directly to a processing facility for recycling or reuse, and source-separated recyclables), municipal and industrial sludge, and regulated medical waste from a ship, barge or other vessel transporting such wastes upon the navigable waters of the Commonwealth and (ii) to the extent allowable under federal law and regulation, the commercial transport of nonhazardous solid wastes (except scrap metal, dredged material, recyclable construction demolition debris being transported directly to a processing facility for recycling or reuse, and source-separated recyclables), municipal and industrial sludge, and regulated medical waste upon the navigable waters of the Commonwealth and the loading and off-loading of ships, barges and other vessels transporting such waste.</p><p>B. 1. Included in the regulations shall be requirements, to the extent allowable under federal law, that: (a) containers holding wastes be watertight and be designed, constructed, secured and maintained so as to prevent the escape of wastes, liquids and odors and to prevent the loss or spillage of wastes in the event of an accident; (b) containers be tested at least two times a year and be accompanied by a certification from the container owner that such testing has shown that the containers are watertight; (c) each container be listed on a manifest designed to assure that the waste being transported in each container is suitable for the destination facility; and (d) containers be secured to the barges to prevent accidents during transportation, loading and unloading.</p><p>2. For the purposes of this section and the regulations promulgated hereunder, a container shall satisfy clauses (a) and (b) of subdivision B 1, if it meets the following requirements:</p><p>a. Each container shall be certified for special service by a Delegated Approval Authority approved by the U.S. Coast Guard in accordance with 49 CFR Parts 450 through 453 as having met the requirements for the approval of prototype containers described in §§ 1.5 and 1.17.2 of the Rules for Certification of Cargo Containers, 1998, American Bureau of Shipping, including a special container prototype test as follows: a minimum internal head of three inches of water shall be applied to all sides, seams, bottom and top of the container for at least 15 minutes of each side, seam, bottom and top, during which the container shall remain free from the escape of water.</p><p>b. Each container shall be certified by the Delegated Approval Authority as having passed the following test when the container is placed in service and at least once every six months thereafter while it remains in service:</p><p>(1) Each container shall have a minimum internal head of 24 inches of water applied to the container in an upright position for at least 15 minutes during which the container shall remain free from the escape of water. All wastewater and contaminated water resulting from this test procedure shall be disposed of in compliance with the applicable regulations of the State Water Control Board.</p><p>(2) Each container shall be visually inspected for damage on all sides, plus the top and bottom, and shall have no visible holes, gaps, or structural damage affecting its integrity or performance.</p><p>c. Following each unloading of solid waste from a container, each container shall be visually inspected, as practical, at the solid waste management facility immediately upon unloading for damage on all sides, plus top and bottom, and shall have no visible holes, gaps, or structural damage affecting its integrity or performance.</p><p>3. It shall be a violation of this chapter if during transportation, holding, or storage operations, or in the event of an accident, there is an: (i) entry of liquids into a container; (ii) escape, loss, or spillage of wastes or liquids from a container; or (iii) escape of odors from a container.</p><p>C. A facility utilized to receive nonhazardous solid waste (except scrap metal, dredged material, recyclable construction demolition debris being transported directly to a processing facility for recycling or reuse, and source-separated recyclables), municipal and industrial sludge, or regulated medical waste from a ship, barge or other vessel regulated pursuant to subsection A, arriving at the facility upon the navigable waters of the Commonwealth, is a solid waste management facility and is subject to the requirements of this chapter. On and after the effective date of the regulations promulgated under subsection A, no new or existing facilities shall receive any wastes regulated under subsection A from a ship, barge or other vessel without a permit issued in accordance with the Board's regulations.</p><p>D. 1. The Board shall, by regulation, establish a fee schedule, payable by the owner or operator of any ship, barge or other vessel carrying, loading or off-loading waste regulated under this article on the navigable waters of the Commonwealth, for the purpose of funding the administrative and enforcement costs of this article associated with such operations including, but not limited to, the inspection and monitoring of such ships, barges or other vessels to ensure compliance with this article, and for funding activities authorized by this section to abate pollution caused by barging of waste, to improve water quality, or for other waste-related purposes.</p><p>2. The owner or operator of a facility permitted to receive wastes regulated under this article from a ship, barge or other vessel shall be assessed a permit fee in accordance with the criteria set forth in § <a href='http://law.lis.virginia.gov/vacode/10.1-1402.1/'>10.1-1402.1</a>. However, such fees shall also include an additional amount to cover the Department's costs for facility inspections that it shall conduct on at least a quarterly basis.</p><p>3. The fees collected pursuant to this article shall be deposited into a separate account within the Virginia Waste Management Board Permit Program Fund (§ <a href='http://law.lis.virginia.gov/vacode/10.1-1402.2/'>10.1-1402.2</a>) and shall be treated as are other moneys in that fund except that they shall only be used for the purposes of this article, and for funding purposes authorized by this article to abate pollution caused by barging of waste, to improve water quality, or for other waste-related purposes.</p><p>E. The Board shall promulgate regulations requiring owners and operators of ships, barges and other vessels transporting wastes regulated under this article to demonstrate financial responsibility sufficient to comply with the requirements of this article as a condition of operation. Regulations governing the amount of any financial responsibility required shall take into consideration: (i) the risk of potential damage or injury to state waters and the impairment of beneficial uses that may result from spillage or leakage from the ship, barge or vessel; (ii) the potential costs of containment and cleanup; and (iii) the nature and degree of injury or interference with general health, welfare and property that may result.</p><p>F. The owner or operator of a ship, barge or other vessel from which there is spillage or loss to state waters of wastes subject to regulations under this article shall immediately report such spillage or loss in accordance with the regulations of the Board and shall immediately take all such actions as may be necessary to contain and remove such wastes from state waters.</p><p>G. No person shall transport wastes regulated under this article on the navigable waters of the Commonwealth by ship, barge or other vessel unless such ship, barge or vessel and the containers carried thereon are designed, constructed, loaded, operated and maintained so as to prevent the escape of liquids, waste and odors and to prevent the loss or spillage of waste in the event of an accident. A violation of this subsection shall be a Class 1 misdemeanor. For the purposes of this subsection, the term "odors" means any emissions that cause an odor objectionable to individuals of ordinary sensibility.</p><p>H. The Director may grant variances for the commercial transport, loading, and off-loading of solid waste on waters of the Commonwealth from the requirements of this section provided: (i) travel on state waters is minimized; (ii) the solid waste is easily identifiable, is not hazardous, and is containerized so as to prevent the escape of liquids, waste, and odors; (iii) the containers are secured to the vessel to prevent spillage; (iv) the amount of solid waste transported does not exceed 300 tons annually; and (v) the activity will not occur when weather conditions pose a risk of the vessel losing its load.</p><p>1998, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0705'>705</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0717'>717</a>; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0608'>608</a>; 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0830'>830</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0130'>130</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0232'>232</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0477'>477</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/section10.1-1454.1/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1454.2
|
10.1-1454.2
|
Repealed
|
<p>Repealed by Acts 2003, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?031+ful+CHAP0830'>830</a>.</p><p class='sidenote'>The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.</p>
|
https://law.lis.virginia.gov/vacode/title10.1/chapter14/section10.1-1454.2/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1454.3
|
10.1-1454.3
|
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/section10.1-1454.3/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1455
|
10.1-1455
|
Penalties and enforcement
|
<p>A. Any person who violates any provision of this chapter, any condition of a permit or certification, or any regulation or order of the Board shall, upon such finding by an appropriate circuit court, be assessed a civil penalty of not more than $32,500 for each day of such violation. All civil penalties under this section shall be recovered in a civil action brought by the Attorney General in the name of the Commonwealth. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ <a href='http://law.lis.virginia.gov/vacode/10.1-2500/'>10.1-2500</a> et seq.) of this title.</p><p>B. In addition to the penalties provided above, any person who knowingly transports any hazardous waste to an unpermitted facility; who knowingly transports, treats, stores, or disposes of hazardous waste without a permit or in violation of a permit; or who knowingly makes any false statement or representation in any application, disclosure statement, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of hazardous waste program compliance shall be guilty of a felony punishable by a term of imprisonment of not less than one year nor more than five years and a fine of not more than $32,500 for each violation, either or both. The provisions of this subsection shall be deemed to constitute a lesser included offense of the violation set forth under subsection I.</p><p>Each day of violation of each requirement shall constitute a separate offense.</p><p>C. The Board is authorized to issue orders to require any person to comply with the provisions of any law administered by the Board, the Director or the Department, any condition of a permit or certification, or any regulations promulgated by the Board or to comply with any case decision, as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>, of the Board or Director. Any such order shall be issued only after a hearing in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a> with at least 30 days' notice to the affected person of the time, place and purpose thereof. Such order shall become effective not less than 15 days after mailing a copy thereof by certified mail to the last known address of such person. The provisions of this section shall not affect the authority of the Board to issue separate orders and regulations to meet any emergency as provided in § <a href='http://law.lis.virginia.gov/vacode/10.1-1402/'>10.1-1402</a>.</p><p>D. Any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or the Director, any condition of a permit or certification or any provision of this chapter shall be guilty of a Class 1 misdemeanor unless a different penalty is specified.</p><p>Any person violating or failing, neglecting, or refusing to obey any lawful regulation or order of the Board or the Director, any condition of a permit or certification or any provision of this chapter may be compelled in a proceeding instituted in an appropriate court by the Board or the Director to obey such regulation, permit, certification, order or provision of this chapter and to comply therewith by injunction, mandamus, or other appropriate remedy.</p><p>E. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $32,500 for each violation. Such civil penalties shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title. Each day of violation of each requirement shall constitute a separate offense. Such civil penalties may, in the discretion of the court assessing them, be directed to be paid into the treasury of the county, city or town in which the violation occurred, to be used to abate environmental pollution in such manner as the court may, by order, direct, except that where the owner in violation is the county, city or town itself, or its agent, the court shall direct the penalty to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.</p><p>F. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the Board or the Director, any condition of a permit or any provision of this chapter, the Board may provide, in an order issued by the Board against such person, for the payment of civil charges for past violations in specific sums, not to exceed the limits specified in this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under this section. Such civil charges shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 of this title.</p><p>G. In addition to all other available remedies, the Board may issue administrative orders for the violation of (i) any law or regulation administered by the Board; (ii) any condition of a permit or certificate issued pursuant to this chapter; or (iii) any case decision or order of the Board. Issuance of an administrative order shall be a case decision as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a> and shall be issued only after a hearing before a hearing officer appointed by the Supreme Court in accordance with § <a href='http://law.lis.virginia.gov/vacode/2.2-4020/'>2.2-4020</a>. Orders issued pursuant to this subsection may include civil penalties of up to $32,500 per violation not to exceed $100,000 per order, and may compel the taking of corrective actions or the cessation of any activity upon which the order is based. The Board may assess penalties under this subsection if (a) the person has been issued at least two written notices of alleged violation by the Department for the same or substantially related violations at the same site, (b) such violations have not been resolved by demonstration that there was no violation, by an order issued by the Board or the Director, or by other means, (c) at least 130 days have passed since the issuance of the first notice of alleged violation, and (d) there is a finding that such violations have occurred after a hearing conducted in accordance with this subsection. The actual amount of any penalty assessed shall be based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty. The Board shall provide the person with the calculation for the proposed penalty prior to any hearing conducted for the issuance of an order that assesses penalties pursuant to this subsection. Penalties shall be paid to the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund (§ <a href='http://law.lis.virginia.gov/vacode/10.1-2500/'>10.1-2500</a> et seq.). The issuance of a notice of alleged violation by the Department shall not be considered a case decision as defined in § <a href='http://law.lis.virginia.gov/vacode/2.2-4001/'>2.2-4001</a>. Any notice of alleged violation shall include a description of each violation, the specific provision of law violated, and information on the process for obtaining a final decision or fact finding from the Department on whether or not a violation has occurred, and nothing in this section shall preclude an owner from seeking such a determination. Orders issued pursuant to this subsection shall become effective five days after having been delivered to the affected persons or mailed by certified mail to the last known address of such persons. Should the Board find that any person is adversely affecting the public health, safety or welfare, or the environment, the Board shall, after a reasonable attempt to give notice, issue, without a hearing, an emergency administrative order directing the person to cease the activity immediately and undertake any needed corrective action, and shall within 10 days hold a hearing, after reasonable notice as to the time and place thereof to the person, to affirm, modify, amend or cancel the emergency administrative order. If the Board finds that a person who has been issued an administrative order or an emergency administrative order is not complying with the order's terms, the Board may utilize the enforcement and penalty provisions of this article to secure compliance.</p><p>H. In addition to all other available remedies, the Department and generators of recycling residues shall have standing to seek enforcement by injunction of conditions which are specified by applicants in order to receive the priority treatment of their permit applications pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.1/'>10.1-1408.1</a>.</p><p>I. Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste in violation of this chapter or in violation of the regulations promulgated by the Board and who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be guilty of a felony punishable by a term of imprisonment of not less than two years nor more than 15 years and a fine of not more than $250,000, either or both. A defendant that is not an individual shall, upon conviction of violating this section, be subject to a fine not exceeding the greater of $1 million or an amount that is three times the economic benefit realized by the defendant as a result of the offense. The maximum penalty shall be doubled with respect to both fine and imprisonment for any subsequent conviction of the same person.</p><p>J. Criminal prosecutions under this chapter shall be commenced within three years after discovery of the offense, notwithstanding the provisions of any other statute.</p><p>K. The Board shall be entitled to an award of reasonable attorneys' fees and costs in any action brought by the Board under this section in which it substantially prevails on the merits of the case, unless special circumstances would make an award unjust.</p><p>L. The Board shall develop and provide an opportunity for public comment on guidelines and procedures that contain specific criteria for calculating the appropriate penalty for each violation based upon the severity of the violations, the extent of any potential or actual environmental harm, the compliance history of the facility or person, any economic benefit realized from the noncompliance, and the ability of the person to pay the penalty.</p><p>1986, c. 492, § 10-310; 1988, c. 891; 1990, cc. 12, 781, 912, 919; 1991, c. 718; 1993, c. 23; 1998, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?981+ful+CHAP0837'>837</a>; 1999, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?991+ful+CHAP0876'>876</a>; 2005, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0133'>133</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0706'>706</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/section10.1-1455/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1456
|
10.1-1456
|
Right of entry to inspect, etc.; warrants
|
<p>Upon presentation of appropriate credentials and upon consent of the owner or custodian, the Director or his designee shall have the right to enter at any reasonable time onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing as he reasonably deems necessary in order to determine whether the provisions of any law administered by the Board, Director or Department, any regulations of the Board, any order of the Board or Director or any conditions in a permit, license or certificate issued by the Board or Director are being complied with. If the Director or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing or taking of samples for testing as provided in Chapter 24 (§ <a href='http://law.lis.virginia.gov/vacode/19.2-393/'>19.2-393</a> et seq.) of Title 19.2.</p><p>1986, c. 492, § 10-311; 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/section10.1-1456/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1457
|
10.1-1457
|
Judicial review
|
<p>A. Except as provided in subsection B, any person aggrieved by a final decision of the Board or Director under this chapter shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.).</p><p>B. Any person who has participated, in person or by the submittal of written comments, in the public comment process related to a final decision of the Board or Director under § <a href='http://law.lis.virginia.gov/vacode/10.1-1408.1/'>10.1-1408.1</a> or § <a href='http://law.lis.virginia.gov/vacode/10.1-1426/'>10.1-1426</a> and who has exhausted all available administrative remedies for review of the Board's or Director's decision, shall be entitled to judicial review thereof in accordance with the Administrative Process Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-4000/'>2.2-4000</a> et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the United States Constitution. A person shall be deemed to meet such standard if (i) such person has suffered an actual or imminent injury which is an invasion of a legally protected interest and which is concrete and particularized; (ii) such injury is fairly traceable to the decision of the Board and not the result of the independent action of some third party not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court.</p><p>1986, c. 492, § 10-312; 1988, c. 891; 1996, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?961+ful+CHAP1032'>1032</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/section10.1-1457/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1458
|
10.1-1458
|
Persons to provide plans, specifications, and information
|
<p>Every person the Department has reason to believe is generating, storing, transporting, disposing of, or treating waste shall, on request of the Department, furnish such plans, specifications, and information as the Department may require in the discharge of its duties under this chapter. Trade secret information included within any plans, specifications, or information submitted pursuant to this section shall be excluded from the provisions of the Virginia Freedom of Information Act as provided in subdivision 26 of § <a href='/vacode/2.2-3705.6/'>2.2-3705.6</a>. At all times, the Department may disclose such trade secret information to the appropriate officials of the Environmental Protection Agency pursuant to the requirements of the federal Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., or as otherwise required by law.</p><p>2013, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?131+ful+CHAP0054'>54</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/section10.1-1458/
|
VA:Title-10.1-Chapter-14
|
14
|
Virginia Waste Management Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1600
|
10.1-1600
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Authority" means the Virginia Recreational Facilities Authority.</p><p>"Board" means the board of directors of the Authority.</p><p>"Bonds" means notes, bonds, certificates and other evidences of indebtedness or obligations of the Authority.</p><p>"Federal agency" means the United States of America, the President of the United States of America, and any department, corporation, agency, or instrumentality created, designated, or established by the United States of America.</p><p>"Project" means the construction, improvement, furnishing, maintenance, acquisition or operation of any facility that will further the purposes of the Authority, together with all property, rights, easements and interests which may be acquired by the Authority.</p><p>1986, c. 360, § 10-158.2; 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/chapter16/section10.1-1600/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1601
|
10.1-1601
|
Authority created
|
<p>In order to (i) provide a high quality recreational attraction in the western part of the Commonwealth; (ii) expand the historical knowledge of adults and children; (iii) promote tourism and economic development in the Commonwealth; (iv) set aside and conserve scenic and natural areas along the Roanoke River and preserve open-space lands; and (v) enhance and expand research and educational programs, there is created a political subdivision of the Commonwealth to be known as "The Virginia Recreational Facilities Authority." The Authority's exercise of the powers conferred by this chapter shall be deemed to be the performance of an essential governmental function.</p><p>1986, c. 360, § 10-158.3; 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/chapter16/section10.1-1601/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1602
|
10.1-1602
|
Board of directors
|
<p>The Authority shall be governed by a board of directors consisting of 19 members who shall be appointed as follows: two members of the Senate to be appointed by the Senate Committee on Rules; four members of the House of Delegates to be appointed by the Speaker of the House of Delegates in accordance with the principles of proportional representation contained in the Rules of the House of Delegates; and 13 nonlegislative citizen members to be appointed by the Governor, upon consideration of the recommendation of the River Foundation, if any, and subject to confirmation by the General Assembly. Nonlegislative citizen members of the Authority shall be citizens of the Commonwealth.</p><p>Legislative members shall serve terms coincident with their terms of office. After the initial staggering of terms, nonlegislative citizen members shall be appointed for a term of five years. Vacancies in the membership of the Board shall be filled for the unexpired portion of the term in the same manner as original appointments are made. All members may be reappointed.</p><p>Immediately after appointment, the directors shall enter upon the performance of their duties. The Board shall annually elect a chairman and vice-chairman from its members, and shall also elect annually a secretary, who may or may not be a member of the Board. The Board may also elect other subordinate officers who may or may not be members of the Board, as it deems proper. Seven directors shall constitute a quorum for the transaction of the business of the Authority, and no vacancy in the membership of the Board shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority. The Board may employ an executive director to direct the day-to-day activities of the Authority and carry out the powers and duties delegated to him. The executive director shall serve at the pleasure of the Board. The executive director and employees of the Authority shall be compensated in the manner provided by the Board and shall not be subject to the provisions of the Virginia Personnel Act (§ <a href='http://law.lis.virginia.gov/vacode/2.2-2900/'>2.2-2900</a> et seq.).</p><p>Legislative members of the Authority shall receive such compensation as provided in § <a href='http://law.lis.virginia.gov/vacode/30-19.12/'>30-19.12</a>, and nonlegislative citizen members shall receive such compensation for the performance of their duties as provided in § <a href='http://law.lis.virginia.gov/vacode/2.2-2813/'>2.2-2813</a>. All members shall be reimbursed 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>. Funding for the costs of compensation and expenses of the members shall be provided by the Virginia Recreational Facilities Authority.</p><p>1986, c. 360, § 10-158.4; 1988, c. 891; 1989, c. 226; 1990, c. 210; 2005, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?051+ful+CHAP0768'>768</a>; 2006, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?061+ful+CHAP0022'>22</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/chapter16/section10.1-1602/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1603
|
10.1-1603
|
Powers of Authority
|
<p>The Authority is granted all powers necessary or convenient for carrying out its statutory purposes, including the following rights and powers:</p><p>1. To acquire by gift, devise, purchase, or otherwise, absolutely or in trust, and to hold, use, lease as lessee and unless otherwise restricted by the terms of the gift or devise, to lease as lessor, convey, sell or otherwise dispose of any property, real or personal, or any estate or interest therein including water rights. However, the Authority shall have no power to encumber its real property or create any estate or interest therein other than encumbrances on structures not extending to the real property upon which such structures are constructed.</p><p>2. To make and enter into any contracts and agreements with any appropriate person or federal agency. Such contracts include but are not limited to (i) agreements with the Commonwealth, or any agency thereof, to lease property owned or controlled by the Commonwealth, for the purpose of construction, improvement, maintenance, or operation of any project or activity that will further the purposes described in this chapter; and (ii) agreements with any person to sublease property owned or controlled by the Commonwealth or to issue licenses for the purpose of construction, improvement, maintenance, or operation of any project or activity that will further the purposes described in this chapter.</p><p>3. To plan, develop, carry out, construct, improve, rehabilitate, repair, furnish, maintain, and operate projects.</p><p>4. To promulgate regulations concerning the use of properties under its control to protect such property and the public thereon.</p><p>5. To fix, alter, charge, and collect rates, rentals, and other charges for the use of projects of, or for the sale of products of or for the services rendered by the Authority. Such charges shall be used to pay the expenses of the Authority, the planning, development, construction, improvement, rehabilitation, repair, furnishing, maintenance, and operation of its projects and properties, the costs of accomplishing its purposes set forth in § <a href='http://law.lis.virginia.gov/vacode/10.1-1601/'>10.1-1601</a>, and the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations. Such fees, rents and charges shall not be subject to supervision or regulation by any commission, board, or agency of the Commonwealth or any political subdivision thereof.</p><p>6. To borrow money, make and issue bonds including bonds that the Authority may determine to issue for the purposes set forth in § <a href='http://law.lis.virginia.gov/vacode/10.1-1601/'>10.1-1601</a> or of refunding bonds previously issued by the Authority. The Authority shall have the right to secure the payment of all bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues, rentals, and receipts or of any project or property, tangible or intangible, or any interest therein. However, the Authority shall have no power to encumber its real property or create any estate or interest therein other than encumbrances on structures not extending to the real property upon which such structures are located. The bonds may be secured by a pledge of any grant or contribution from a person or federal agency. The Authority shall have the power to make agreements with the purchasers or holders of the bonds or with others in connection with the bonds, whether issued or to be issued, as it deems advisable, and in general to provide for the security for the bonds and the rights of the bond holders.</p><p>7. To employ consultants, attorneys, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers and such other employees and agents as may be necessary, and to fix their compensation to be payable from funds made available to the Authority.</p><p>8. To receive and accept from any federal agency, foundation, or person, grants, loans, gifts or contributions of money, property, or other things of value, to be held, used and applied only for the purposes for which the grant or contribution is made or to be expended in accomplishing the objectives of the Authority.</p><p>9. To develop, undertake and provide programs, alone or in conjunction with any person or federal agency, for scientific research, continuing education, and in-service training, provided that credit towards a degree, certificate or diploma shall be granted only if the education is provided in conjunction with an institution of higher education authorized to operate in the Commonwealth; and to foster the utilization of scientific research information, discoveries and data.</p><p>10. To pledge or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.</p><p>11. To do all acts and things necessary or convenient to carry out the powers granted by this chapter or any other acts.</p><p>1986, c. 360, § 10-158.5; 1988, c. 891; 1991, c. 706.</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/chapter16/section10.1-1603/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1604
|
10.1-1604
|
Form, terms, and execution of bonds
|
<p>A. The bonds of each issue shall be dated, shall bear interest at rates fixed by the Authority, shall mature at a time not exceeding forty years from their date, as determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at a price and under terms and conditions fixed by the Authority prior to the issuance of the bonds. The Authority shall determine the form of bonds and manner of execution of the bonds and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company.</p><p>B. The bonds shall be signed by the chairman or vice-chairman of the Authority, or if authorized by the Authority, shall bear his facsimile signature, and the official seal of the Authority, or, if authorized by the Authority, a facsimile signature thereof shall be impressed or imprinted thereon and attested by the secretary or any assistant secretary of the Authority, or, if authorized by the Authority, with the facsimile signature of such secretary or assistant secretary. Any coupons attached to bonds issued by the Authority shall bear the signature or facsimile signature of the chairman or vice-chairman of the Authority. If any officer whose signature or facsimile signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid for all purposes. Any bonds may bear the facsimile signature of, or may be signed by, persons who are the proper officers to sign the bonds at the actual time of the execution of such bonds although at the date of the bonds such persons may not have been officers.</p><p>1986, c. 360, § 10-158.6; 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/chapter16/section10.1-1604/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1605
|
10.1-1605
|
Issuance and sale of bonds
|
<p>The bonds may be issued in coupon or in registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds. The Authority may sell such bonds in the manner, either at public or private sale, and for the price, that it determines will best effect the purposes of this chapter. Bonds may be issued under the provisions of this chapter without obtaining the consent of any commission, board or agency of the Commonwealth or of any political subdivision, and without any other proceedings or conditions other than those which are specifically required by this chapter.</p><p>1986, c. 360, § 10-158.6; 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/chapter16/section10.1-1605/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1606
|
10.1-1606
|
Use of bond proceeds
|
<p>The proceeds of the bonds of each issue shall be used solely for the purposes of the Authority provided in the resolution authorizing the issuance of the bonds or in the trust agreement authorized in this chapter.</p><p>1986, c. 360, § 10-158.6; 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/chapter16/section10.1-1606/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1607
|
10.1-1607
|
Interim receipts or temporary bonds
|
<p>The Authority is authorized to issue interim receipts or temporary bonds as provided in § <a href='http://law.lis.virginia.gov/vacode/15.2-2616/'>15.2-2616</a> and to execute and deliver new bonds in place of bonds mutilated, lost or destroyed, as provided in § <a href='http://law.lis.virginia.gov/vacode/15.2-2621/'>15.2-2621</a>.</p><p>1986, c. 360, § 10-158.6; 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/chapter16/section10.1-1607/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1608
|
10.1-1608
|
Faith and credit of Commonwealth or political subdivision not pledged
|
<p>No obligation of the Authority shall constitute a debt, or pledge of the faith and credit, of the Commonwealth or of any political subdivision, but shall be payable solely from the revenue and other funds of the Authority which have been pledged. All such obligations shall contain on the face a statement to the effect that the Commonwealth, political subdivisions, and the Authority shall not be obligated to pay the obligation or the interest except from revenues and other funds of the Authority which have been pledged, and that neither the faith and credit nor the taxing power of the Commonwealth or of any political subdivision is pledged to the payment of the principal of or the interest on such obligations.</p><p>1986, c. 360, § 10-158.6; 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/chapter16/section10.1-1608/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1609
|
10.1-1609
|
Expenses of the Authority
|
<p>All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the provisions of this chapter and no liability shall be incurred by the Authority beyond the extent to which moneys are provided under the provisions of this chapter.</p><p>1986, c. 306, § 10-158.6; 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/chapter16/section10.1-1609/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1610
|
10.1-1610
|
Trust agreement securing bonds
|
<p>In the discretion of the Authority any bonds issued under the provisions of this chapter may be secured by a trust agreement between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company. The trust agreement or the resolution providing for the issuance of bonds may pledge or assign the revenues to be received and provide for the mortgage of any project or property or any part thereof. However, the Authority shall have no power to encumber its real property or create any estate or interest therein other than encumbrances on structures not extending to the real property upon which such structures are located. The trust agreement or resolution may contain reasonable, proper and lawful provisions for protecting and enforcing the rights and remedies of the bondholders. The trust agreement or resolution may include covenants setting forth the duties of the Authority in relation to the acquisition of property and the planning, development, acquisition, construction, rehabilitation, establishment, improvement, extension, enlargement, maintenance, repair, operation and insurance of the project in connection with which such bonds have been authorized, the rates and fees to be charged, the custody, safeguarding and application of all moneys, and conditions or limitations with respect to the issuance of additional bonds. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depository of the proceeds of bonds or of revenue, to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. The trust agreement may set forth the rights of action by bondholders and other provisions the Authority deems reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of the trust agreement or resolution may be treated as a part of the operation of the project.</p><p>1986, c. 360, § 10-158.7; 1988, c. 891; 1991, c. 706.</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/chapter16/section10.1-1610/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1611
|
10.1-1611
|
Moneys received deemed trust funds
|
<p>All moneys received pursuant to the authority of this chapter, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys are deposited shall act as a trustee of such moneys and shall hold and apply the moneys for the purposes hereof, subject to such regulations as this chapter and the resolution or trust agreement may provide.</p><p>1986, c. 360, § 10-158.8; 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/chapter16/section10.1-1611/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1612
|
10.1-1612
|
Proceedings by bondholder or trustee to enforce rights
|
<p>Any holder of bonds issued under the provisions of this chapter or any of the applicable coupons, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by the trust agreement or the resolution authorizing the issuance of such bonds, may protect and enforce rights under the laws of the Commonwealth or under the trust agreement or resolution, and may enforce all duties required by this chapter or by the trust agreement or resolution to be performed by the Authority or by any officer thereof, including the fixing, charging, and collecting of rates, rentals, and other charges.</p><p>1986, c. 360, § 10-158.9; 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/chapter16/section10.1-1612/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1613
|
10.1-1613
|
Bonds made securities for investment and deposit
|
<p>Bonds issued by the Authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose authorized by law.</p><p>1986, c. 360, § 10-158.10; 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/chapter16/section10.1-1613/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1614
|
10.1-1614
|
Revenue refunding bonds; bonds for refunding and for cost of additional projects
|
<p>The Authority is authorized to provide for the issuance of revenue refunding bonds of the Authority for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the Authority, for the additional purpose of constructing improvements, extensions, or enlargements of the projects in connection with which the bonds to be refunded have been issued. The Authority is further authorized to provide by resolution for the issuance of its revenue bonds for the combined purpose of (i) refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium and any interest accrued or to accrue to the date of redemption of such bonds, and (ii) paying all or any part of the cost of any additional project or any portion thereof. The issuance of such bonds, the maturities and other details, the rights of the holders, and the rights, duties and obligations of the Authority shall be governed by the provisions of this chapter.</p><p>1986, c. 360, § 10-158.11; 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/chapter16/section10.1-1614/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1615
|
10.1-1615
|
Grants or loans of public or private funds
|
<p>The Authority is authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant, loan or otherwise, to accomplish any of the purposes of this chapter. All federal moneys accepted under this section shall be accepted and expended by the Authority upon terms and conditions prescribed by the United States and consistent with state law. All state moneys accepted under this section shall be accepted and expended by the Authority upon terms and conditions prescribed by the Commonwealth.</p><p>1986, c. 360, § 10-158.12; 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/chapter16/section10.1-1615/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1616
|
10.1-1616
|
Exemption from taxes or assessments
|
<p>The exercise of the powers granted by this chapter is for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. Since the operation and maintenance of projects by the Authority and the undertaking of activities in furtherance of the purpose of the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the Authority under the provisions of this chapter or upon the income therefrom, including sales and use taxes on tangible personal property used in the operations of the Authority. Any bonds issued under the provisions of this chapter, their transfer and the income which may result, including any profit made on the sale, shall be free from state and local taxation. The exemption hereby granted shall not be construed to extend to persons conducting business on the premises of a facility for which local or state taxes would otherwise be required.</p><p>1986, c. 360, § 10-158.13; 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/chapter16/section10.1-1616/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1617
|
10.1-1617
|
Moneys of Authority
|
<p>All moneys of the Authority, from whatever source derived, shall be paid to the treasurer of the Authority. Such moneys shall be deposited by the treasurer in one or more banks or trust companies, in one or more special accounts. All banks and trust companies are authorized to give security for such deposits, if required by the Authority. The moneys in the accounts shall be paid out on the warrant or other order of the treasurer of the Authority or any person authorized by the Authority to execute such warrants or orders. The Auditor of Public Accounts of the Commonwealth, and his legally authorized representatives, shall examine the accounts and books of the Authority.</p><p>1986, c. 360, § 10-158.15; 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/chapter16/section10.1-1617/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1618
|
10.1-1618
|
Title to property
|
<p>The Authority may acquire title to property in its own name or in the name of the Commonwealth for and on behalf of the Authority. In the event that the Authority ceases to operate its projects and to promote the purposes stated in § <a href='/vacode/10.1-1601/'>10.1-1601</a> or is dissolved, the title to real property held by the Authority shall transfer to the locality in which the majority of such property is located; however, in the event that an environmental audit of any real property or interest therein, or portion of such property, to be transferred pursuant to this section discloses any environmental liability or violation of law or regulation, present or contingent, the locality may reject the transfer of any portion of such property that it determines to be environmentally defective.</p><p>1986, c. 360, § 10-158.16; 1988, c. 891; 1991, c. 706; 2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2321/text/CHAP0169'>169</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB796/text/CHAP0176'>176</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/chapter16/section10.1-1618/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1619
|
10.1-1619
|
Violation of regulations
|
<p>Violation of any regulation adopted pursuant to § <a href='http://law.lis.virginia.gov/vacode/10.1-1603/'>10.1-1603</a> which would have been a violation of law or ordinance if committed on a public street or highway shall be tried and punished as if it had been committed on a public street or highway. Any other violation of such regulations shall be punishable as a Class 1 misdemeanor.</p><p>1986, c. 360, § 10-158.17; 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/chapter16/section10.1-1619/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1620
|
10.1-1620
|
Appointment of special conservators of the peace
|
<p>The chairman of the Authority or his designee may apply to the circuit court of any county or city for the appointment of one or more special conservators of the peace under procedures specified by § <a href='http://law.lis.virginia.gov/vacode/19.2-13/'>19.2-13</a>.</p><p>1986, c. 360, § 10-158.18; 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/chapter16/section10.1-1620/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1621
|
10.1-1621
|
Conveyance or lease of park to Authority
|
<p>The Commonwealth or any county, municipality, or other public body is authorized to convey or lease to the Authority, with or without consideration, any property to use for projects that will further the purposes described in this chapter.</p><p>1986, c. 360, § 10-158.19; 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/chapter16/section10.1-1621/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1622
|
10.1-1622
|
Recordation of conveyances of real estate to Authority
|
<p>No deed purporting to convey real estate to the Authority shall be recorded unless accepted by a person authorized to act on behalf of the Authority, which acceptance shall appear on the face of the deed.</p><p>1986, c. 360, § 10-158.20; 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/chapter16/section10.1-1622/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1623
|
10.1-1623
|
Dissolution of Authority; disposition of property
|
<p>A. Notwithstanding any contrary provision of this chapter, whenever the Board determines by resolution that it is in the best interest of those served by the Authority to divest itself of property owned by the Authority, the Authority may transfer all such property to the locality in which the majority of such property is located.</p><p>B. Whenever the Board determines by resolution that (i) the purposes for which the Authority was formed have been substantially complied with, (ii) all property of the Authority has been transferred pursuant to this chapter, and (iii) all bonds therefor issued and all obligations theretofore incurred by the Authority have been fully paid or adequate provisions have been made for the payment, the Board may dissolve itself upon a majority vote of the Board.</p><p>2025, cc. <a href='https://lis.virginia.gov/bill-details/20251/HB2321/text/CHAP0169'>169</a>, <a href='https://lis.virginia.gov/bill-details/20251/SB796/text/CHAP0176'>176</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/chapter16/section10.1-1623/
|
VA:Title-10.1-Chapter-16
|
16
|
VIRGINIA RECREATIONAL FACILITIES AUTHORITY ACT
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1700
|
10.1-1700
|
Definitions
|
<p>As used in this chapter, unless the context requires a different meaning:</p><p>"Open-space easement" means a nonpossessory interest of a public body in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property.</p><p>"Open-space land" means any land which is provided or preserved for (i) park or recreational purposes, (ii) conservation of land or other natural resources, (iii) historic or scenic purposes, (iv) assisting in the shaping of the character, direction, and timing of community development, (v) wetlands as defined in § <a href='http://law.lis.virginia.gov/vacode/28.2-1300/'>28.2-1300</a>, or (vi) agricultural and forestal production.</p><p>"Public body" means any state agency having authority to acquire land for a public use, or any county or municipality, any park authority, any public recreational facilities authority, any soil and water conservation district, any community development authority formed pursuant to Article 6 (§ <a href='http://law.lis.virginia.gov/vacode/15.2-5152/'>15.2-5152</a> et seq.) of Chapter 51 of Title 15.2, or the Virginia Recreational Facilities Authority.</p><p>1966, c. 461, § 10-156; 1974, c. 348; 1986, c. 360; 1988, c. 891; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0130'>130</a>; 2000, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0181'>181</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0724'>724</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?001+ful+CHAP0747'>747</a>; 2011, cc. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0085'>85</a>, <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0159'>159</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/chapter17/section10.1-1700/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1701
|
10.1-1701
|
Authority of public bodies to acquire or designate property for use as open-space land
|
<p>To carry out the purposes of this chapter, any public body may (i) acquire by purchase, gift, devise, bequest, grant or otherwise title to or any interests or rights of not less than five years' duration in real property that will provide a means for the preservation or provision of open-space land and (ii) designate any real property in which it has an interest of not less than five years' duration to be retained and used for the preservation and provision of open-space land. Any such interest may also be perpetual.</p><p>The use of the real property for open-space land shall conform to the official comprehensive plan for the area in which the property is located. No property or interest therein shall be acquired by eminent domain by any public body for the purposes of this chapter; however, this provision shall not limit the power of eminent domain as it was possessed by any public body prior to the passage of this chapter.</p><p>1966, c. 461, § 10-152; 1974, c. 259; 1981, c. 64; 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/chapter17/section10.1-1701/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1702
|
10.1-1702
|
Further powers of public bodies
|
<p>A. A public body shall have the powers necessary or convenient to carry out the purposes and provisions of this chapter, including the following powers:</p><p>1. To borrow funds and make expenditures;</p><p>2. To advance or accept advances of public funds;</p><p>3. To apply for and accept and utilize grants and any other assistance from the federal government and any other public or private sources, to give such security as may be required and to enter into and carry out contracts or agreements in connection with the assistance, and to include in any contract for assistance from the federal government such conditions imposed pursuant to federal laws as the public body may deem reasonable and appropriate and which are not inconsistent with the purposes of this chapter;</p><p>4. To make and execute contracts and other instruments;</p><p>5. In connection with the real property acquired and designated for the purposes of this chapter, to provide or to arrange or contract for the provision, construction, maintenance, operation, or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities or structures that may be necessary to the provision, preservation, maintenance and management of the property as open-space land;</p><p>6. To insure or provide for the insurance of any real or personal property or operations of the public body against any risks or hazards, including the power to pay premiums on the insurance;</p><p>7. To demolish or dispose of any structures or facilities which may be detrimental to or inconsistent with the use of real property as open-space land; and</p><p>8. To exercise its functions and powers under this chapter jointly or cooperatively with public bodies of one or more states, if they are so authorized by state law, and with one or more public bodies of this Commonwealth, and to enter into agreements for joint or cooperative action.</p><p>B. For the purposes of this chapter, the Commonwealth or a county, city or town may:</p><p>1. Appropriate funds;</p><p>2. Issue and sell its general obligation bonds in the manner and within the limitations prescribed by the applicable laws of the Commonwealth;</p><p>3. Exercise its powers under this chapter through a board or commission, or through such office or officers as its governing body by resolution determines or as the Governor determines in the case of the Commonwealth; and</p><p>4. Levy taxes and assessments.</p><p>1966, c. 461, § 10-154; 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/chapter17/section10.1-1702/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1703
|
10.1-1703
|
Acquisition of title subject to reservation of farming or timber rights; acquisition of easements, etc.; property to be made available for farming and timber uses
|
<p>Any public body is authorized to acquire (i) unrestricted fee simple title to tracts; (ii) fee simple title to such land subject to reservation of rights to use such lands for farming or to reservation of timber rights thereon; or (iii) easements in gross or such other interests in real estate of not less than five years' duration as are designed to maintain the character of such land as open-space land. Any such interest may also be perpetual. Whenever practicable in the judgment of the public body, real property acquired pursuant to this chapter shall be made available for agricultural and timbering uses which are compatible with the purposes of this chapter.</p><p>1966, c. 461, § 10-158; 1974, c. 259; 1981, c. 64; 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/chapter17/section10.1-1703/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1704
|
10.1-1704
|
Diversion of property from open-space land use; conveyance or lease of open-space land
|
<p>A. No open-space land, the title to or interest or right in which has been acquired under this chapter and which has been designated as open-space land under the authority of this chapter, shall be converted or diverted from open-space land use unless (i) the conversion or diversion is determined by the public body to be (a) essential to the orderly development and growth of the locality and (b) in accordance with the official comprehensive plan for the locality in effect at the time of conversion or diversion and (ii) there is substituted other real property which is (a) of at least equal fair market value, (b) of greater value as permanent open-space land than the land converted or diverted and (c) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted. The public body shall assure that the property substituted will be subject to the provisions of this chapter.</p><p>B. A public body may convey or lease any real property it has acquired and which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land, unless the property is to be converted or diverted from open-space land use in accordance with the provisions of subsection A of this section.</p><p>1966, c. 461, § 10-153; 1988, c. 891; 1997, c. <a href='http://LegacyLIS.virginia.gov/cgi-bin/legp604.exe?971+ful+CHAP0338'>338</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/chapter17/section10.1-1704/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
VA:10.1-1705
|
10.1-1705
|
Chapter controlling over other laws; powers supplemental
|
<p>Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.</p><p>1966, c. 461, § 10-157; 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/chapter17/section10.1-1705/
|
VA:Title-10.1-Chapter-17
|
17
|
Open-Space Land Act
|
VA:Title-10.1
|
10.1
|
Conservation
|
VA
|
Code of Virginia
|
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