A. In addition to its other powers and duties, with regard to hazardous waste the Board shall have the power and duty to:
1. Require that hazardous waste is treated, stored and disposed of properly;
2. Provide information to the public regarding the proper methods of hazardous waste disposal;
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;
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;
5. Encourage, whenever possible, alternatives to land burial of hazardous wastes, which will reduce, separate, neutralize, recycle, exchange or destroy hazardous wastes; and
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.
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:
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;
2. Hold public meetings or hearings on any matter related to the siting of hazardous waste facilities;
3. Coordinate the preparation of and to adopt criteria for the siting of hazardous waste facilities;
4. Grant or deny certification of site approval for construction of hazardous waste facilities;
5. Promulgate regulations and procedures for approval of hazardous waste facility sites;
6. Adopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and site certifications; and
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.
1986, c. 492, §§ 10-287, 10-290; 1988, c. 891.
Structure Code of Virginia
Chapter 14 - Virginia Waste Management Act
§ 10.1-1400.1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 10.1-1401. Virginia Waste Management Board continued
§ 10.1-1402. Powers and duties of the Board
§ 10.1-1402.01. Further duties of Board; localities particularly affected
§ 10.1-1402.02. Use, reuse, or reclamation of coal combustion by-product in a flood plain
§ 10.1-1402.03. Closure of certain coal combustion residuals units
§ 10.1-1402.04. Closure of certain coal combustion residuals units; Giles and Russell Counties
§ 10.1-1402.1. Permit fee regulations
§ 10.1-1402.1:1. Annual fees for nonhazardous solid waste management facilities
§ 10.1-1402.2. Permit Program Fund established; use of moneys
§ 10.1-1402.3. Conformance with federal requirements
§ 10.1-1403. Advisory committees
§ 10.1-1404. Department continued; general powers
§ 10.1-1405. Powers and duties of Director
§ 10.1-1406. Exemptions from liability; expedited settlements
§ 10.1-1406.1. Access to abandoned waste sites
§ 10.1-1406.2. Conditional exemption for coal and mineral mining overburden or solid waste
§ 10.1-1407.1. Notification of local government of violation
§ 10.1-1408.1. Permit required; open dumps prohibited
§ 10.1-1408.2. Certification and on-site presence of facility operator
§ 10.1-1408.4. Landfill siting review
§ 10.1-1408.5. Special provisions regarding wetlands
§ 10.1-1409. Revocation or amendment of permits
§ 10.1-1410. Financial responsibility for abandoned facilities; penalties
§ 10.1-1410.1. Sanitary landfill final closure plans; notification requirements
§ 10.1-1410.2. Landfill postclosure monitoring, maintenance and plans
§ 10.1-1410.3. Operating burn pits at closed landfills
§ 10.1-1411. Regional and local solid waste management plans
§ 10.1-1412. Contracts by counties, cities and towns
§ 10.1-1413. State aid to localities for solid waste disposal
§ 10.1-1413.1. Waste information and assessment program
§ 10.1-1413.2. Requirements for landfill closure
§ 10.1-1415. Litter Control Program
§ 10.1-1415.1. Labeling of plastic container products required; penalty
§ 10.1-1415.2. Plastic holding device prohibited
§ 10.1-1416. Collection and survey of litter
§ 10.1-1417. Enforcement of article
§ 10.1-1418. Penalty for violation of article
§ 10.1-1418.1. Improper disposal of solid waste; civil penalties
§ 10.1-1418.2. Improper disposal of tires; exemption; penalty
§ 10.1-1418.3. Liability for large waste tire pile fires; exclusions
§ 10.1-1418.4. Removal of waste tire piles; cost recovery; right of entry
§ 10.1-1418.5. Lien for waste tire pile removal
§ 10.1-1419. Litter receptacles; placement; penalty for violations
§ 10.1-1421. Responsibility for removal of litter from receptacles
§ 10.1-1422. Further duties of Department
§ 10.1-1422.01. Litter Control and Recycling Fund established; use of moneys; purpose of Fund
§ 10.1-1422.03. Membership, meetings, and staffing
§ 10.1-1422.04. Local litter prevention and recycling grants; eligibility and funding process
§ 10.1-1422.06. Beneficiation facility as manufacturer for grant purposes
§ 10.1-1422.1. Disposal of waste tires
§ 10.1-1422.2. Recycling residues; testing
§ 10.1-1422.3. Waste Tire Trust Fund established; use of moneys; purpose of Fund
§ 10.1-1422.4. Partial reimbursement for waste tires; eligibility; promulgation of regulations
§ 10.1-1423. Notice to public required
§ 10.1-1424. Allowing escape of load material; penalty
§ 10.1-1424.1. Material containing fully halogenated chloro-fluorocarbons prohibited; penalty
§ 10.1-1424.2. Products containing trichloroethylene prohibited; penalty
§ 10.1-1424.3. Expanded polystyrene food service containers prohibited; civil penalty
§ 10.1-1425. Preemption of certain local ordinances
§ 10.1-1425.1. Lead acid batteries; land disposal prohibited; penalty
§ 10.1-1425.2. Collection of lead acid batteries for recycling
§ 10.1-1425.3. Inspection of battery retailers; penalty
§ 10.1-1425.4. Lead acid battery wholesalers; penalty
§ 10.1-1425.5. Construction of article
§ 10.1-1425.6. Recycling programs of state agencies
§ 10.1-1425.7. Duty of the Department of Small Business and Supplier Diversity
§ 10.1-1425.8. Department of Transportation; authority and duty
§ 10.1-1425.9. Duties of the Department of Education
§ 10.1-1425.11. Establishment of pollution prevention policy
§ 10.1-1425.12. Pollution prevention assistance program
§ 10.1-1425.13. Pollution prevention advisory panels
§ 10.1-1425.14. Pilot projects
§ 10.1-1425.15. Waste exchange
§ 10.1-1425.16. Trade secret protection
§ 10.1-1425.17. Evaluation report
§ 10.1-1425.18. Pollution prevention grants
§ 10.1-1425.19. Inspections and enforcement actions by the Department
§ 10.1-1425.20. Findings and intent
§ 10.1-1425.22. Schedule for removal of incidental amounts of heavy metals
§ 10.1-1425.24. Certificate of compliance
§ 10.1-1425.25. Promulgation of regulations
§ 10.1-1425.26. Cathode ray tube and mercury thermostat special waste recycling program
§ 10.1-1425.29. Manufacturer recovery plan
§ 10.1-1425.30. Reporting requirements
§ 10.1-1425.31. Retailer responsibility
§ 10.1-1425.32. Liability for information stored on computers
§ 10.1-1425.33. Department responsibilities
§ 10.1-1425.35. Financial and proprietary information
§ 10.1-1425.36. Fees not authorized
§ 10.1-1425.37. Consumer responsibilities
§ 10.1-1425.38. Sound environmental management
§ 10.1-1425.39. Rechargeable battery recycling and disposal program
§ 10.1-1426. Permits required; waiver of requirements; reports; conditional permits
§ 10.1-1427. Revocation, suspension or amendment of permits
§ 10.1-1428. Financial responsibility for abandoned facilities; penalties
§ 10.1-1429. Notice of release of hazardous substance
§ 10.1-1432. Further powers of Board
§ 10.1-1434. Additional powers and duties of the Board
§ 10.1-1435. Certification of site approval required; "construction" defined; remedies
§ 10.1-1436. Site approval criteria
§ 10.1-1437. Notice of intent to file application for certification of site approval
§ 10.1-1438. Powers of governing body of host community; technical assistance
§ 10.1-1439. Briefing meetings
§ 10.1-1441. Application for certification of site approval
§ 10.1-1442. Negotiations; siting agreement
§ 10.1-1443. Draft certification of site approval
§ 10.1-1444. Public hearing on draft certification of site approval
§ 10.1-1445. Final decision on certification of site approval
§ 10.1-1446. Effect of certification
§ 10.1-1447. Public participation; notice
§ 10.1-1448. Technical Assistance Fund
§ 10.1-1449. Siting Dedicated Revenue Fund
§ 10.1-1450. Waste Management Board to promulgate regulations regarding hazardous materials
§ 10.1-1451. Enforcement of article and regulations
§ 10.1-1452. Article not to preclude exercise of certain regulatory powers
§ 10.1-1454. Transportation under United States regulations
§ 10.1-1454.1. Regulation of wastes transported by water
§ 10.1-1455. Penalties and enforcement
§ 10.1-1456. Right of entry to inspect, etc.; warrants
§ 10.1-1458. Persons to provide plans, specifications, and information