The Board is authorized to issue special orders in compliance with the Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file with the Board a plan to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such facility ceases operations. Such plan shall also include a demonstration of financial capability to implement the plan. Financial capability may be demonstrated by the establishment of an escrow account, the creation of a trust fund to be maintained within the Board, submission of a bond, corporate guarantee based upon audited financial statements, or such other instruments as the Board may deem appropriate. The Board may require that such plan and instruments be updated as appropriate. The Board shall give due consideration to any plan submitted by the owner in accordance with §§ 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining the necessity for and suitability of any plan submitted under this section.
For the purposes of this section, "ceases operation" means to cease conducting the normal operation of a facility which is regulated under this chapter under circumstances where it would be reasonable to expect that such operation will not be resumed by the owner at the facility. The term shall not include the sale or transfer of a facility in the ordinary course of business or a permit transfer in accordance with Board regulations.
Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision thereof for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.
Any person who ceases operations and who knowingly and willfully fails to implement a closure plan or to provide adequate funds for implementation of such plan shall, if such failure results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.
1991, c. 702.
Structure Code of Virginia
Title 62.1 - Waters of the State, Ports and Harbors
Chapter 3.1 - State Water Control Law
§ 62.1-44.2. Short title; purpose
§ 62.1-44.3:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 62.1-44.4. Control by Commonwealth as to water quality
§ 62.1-44.6. Chapter supplementary to existing laws
§ 62.1-44.6:1. Permit rationale
§ 62.1-44.8. Number, appointment and terms of members
§ 62.1-44.9. Qualifications of members
§ 62.1-44.12. Records of proceedings; special orders, standards, policies, rules and regulations
§ 62.1-44.13. Inspections and investigations, etc.
§ 62.1-44.14. Chairman; Executive Director; employment of personnel; supervision; budget preparation
§ 62.1-44.15:01. Further duties of Board; localities particularly affected
§ 62.1-44.15:03. Disposal of fill; notice to locality
§ 62.1-44.15:1.1. Special orders; penalties
§ 62.1-44.15:1.2. Lake level contingency plans
§ 62.1-44.15:2. Extraordinary hardship program
§ 62.1-44.15:3. When application for permit considered complete
§ 62.1-44.15:4. Notification of local governments and property owners
§ 62.1-44.15:4.1. Listing and notice of confirmed oil releases and discharges
§ 62.1-44.15:5.01. Coordinated review of water resources projects
§ 62.1-44.15:5.02. Low-flow protections in Potomac River
§ 62.1-44.15:5.1. General permit for certain water quality improvement activities
§ 62.1-44.15:5.2. General permits for ready-mix concrete plant discharges
§ 62.1-44.15:6. Permit fee regulations
§ 62.1-44.15:7. Permit Program Fund established; use of moneys
§ 62.1-44.15:8. Conformance with federal requirements
§ 62.1-44.15:20. Virginia Water Protection Permit
§ 62.1-44.15:21. Impacts to wetlands
§ 62.1-44.15:23. Wetland and stream mitigation banks
§ 62.1-44.15:23.1. Wetland and Stream Replacement Fund established
§ 62.1-44.15:26.1. Termination of Construction General Permit coverage
§ 62.1-44.15:27.2. Rural Tidewater localities; water quantity technical criteria; tiered approach
§ 62.1-44.15:27.3. Acceptance of signed and sealed plan in lieu of local plan review
§ 62.1-44.15:27.4. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:28.1. Pollutant removal by dredging
§ 62.1-44.15:29.2. Stormwater Local Assistance Fund, estimate of requests
§ 62.1-44.15:41. (For expiration date - see notes) Private rights; liability
§ 62.1-44.15:41. (For effective date - see notes) Liability of common interest communities
§ 62.1-44.15:49.1. MS4 industrial and high-risk programs
§ 62.1-44.15:51. (For expiration date - see notes) Definitions
§ 62.1-44.15:51. (For effective date - see notes) Definitions
§ 62.1-44.15:53. Certification of program personnel
§ 62.1-44.15:55.1. Department review of erosion and sediment control plans for solar projects
§ 62.1-44.15:56.1. Department acceptance of plans in lieu of plan review
§ 62.1-44.15:62. Judicial appeals
§ 62.1-44.15:66. No limitation on authority of Department of Energy
§ 62.1-44.15:67. Cooperative state-local program
§ 62.1-44.15:70. Exclusive authority of Board to institute legal actions
§ 62.1-44.15:72. Board to develop criteria
§ 62.1-44.15:73. Local government authority
§ 62.1-44.15:75. Local governments outside of Tidewater Virginia may adopt provisions
§ 62.1-44.15:76. Local government requirements for water quality protection
§ 62.1-44.15:77. Effect on other governmental authority
§ 62.1-44.15:78. State agency consistency
§ 62.1-44.15:79. Vested rights protected
§ 62.1-44.15:80. Findings and purpose
§ 62.1-44.15:81. Application and preparation of draft certification conditions
§ 62.1-44.15:82. Public notice of draft certification conditions
§ 62.1-44.15:83. Requests for public hearing, hearings, and final decisions procedures
§ 62.1-44.15:84. Requests for modification or revocation; public notice
§ 62.1-44.16. Industrial wastes
§ 62.1-44.16:1. Local enforcement of industrial waste permits
§ 62.1-44.17:1. Permits for confined animal feeding operations
§ 62.1-44.17:1.1. Poultry waste management program
§ 62.1-44.17:3. Toxic substances reduction in state waters; report required
§ 62.1-44.17:4. Evaluation of toxics removal and remediation technology
§ 62.1-44.18:2. When Board may prohibit discharge; permits
§ 62.1-44.19. Approval of sewerage systems and sewage treatment works
§ 62.1-44.19:1. Prohibiting sewage discharge under certain conditions in Virginia Beach
§ 62.1-44.19:3.1. Certification of sewage sludge land applicators
§ 62.1-44.19:3.2. Local enforcement of sewage sludge regulations
§ 62.1-44.19:3.3. Septage disposal
§ 62.1-44.19:3.4. Notification of local governing bodies
§ 62.1-44.19:5. Water quality monitoring and reporting
§ 62.1-44.19:6. Citizen right-to-know provisions
§ 62.1-44.19:7. Plans to address impaired waters
§ 62.1-44.19:8. Control of discharges to toxic-impaired water
§ 62.1-44.19:9. Transmission of toxics information
§ 62.1-44.19:10. Assessment of sources of toxic contamination
§ 62.1-44.19:11. Citizen water quality monitoring program
§ 62.1-44.19:12. Legislative findings and purposes
§ 62.1-44.19:14. Watershed general permit for nutrients
§ 62.1-44.19:15. New or expanded facilities
§ 62.1-44.19:16. Technology-based standards and effluent limitations
§ 62.1-44.19:18. Nutrient allocation compliance and reporting
§ 62.1-44.19:19. Program audits
§ 62.1-44.19:21. Nutrient credit use by regulated entities
§ 62.1-44.19:21.1. Sediment credit use by regulated MS4s
§ 62.1-44.19:21.2. Nutrient and sediment credit generation and transfer; public body
§ 62.1-44.19:22. Enforcement and penalties
§ 62.1-44.19:20. (Contingent expiration date - See Editor's note) Nutrient credit certification
§ 62.1-44.19:20. (Contingent effective date - See Editor's note) Nutrient credit certification
§ 62.1-44.20. Right to entry to obtain information, etc.
§ 62.1-44.21. Information to be furnished to Board
§ 62.1-44.23:1. Intervention of Commonwealth in actions involving surface water withdrawals
§ 62.1-44.24. Testing validity of regulations; judicial review
§ 62.1-44.27. Rules of evidence in hearings
§ 62.1-44.28. Decisions of the Board in hearings pursuant to §§ 62.1-44.15 and 62.1-44.25
§ 62.1-44.30. Appeal to Court of Appeals
§ 62.1-44.33. Board to adopt regulations; tidal waters no discharge zones
§ 62.1-44.34:9. Powers and duties of Board
§ 62.1-44.34:11. Virginia Petroleum Storage Tank Fund
§ 62.1-44.34:12. Financial responsibility
§ 62.1-44.34:13. Levy of fee for Fund maintenance
§ 62.1-44.34:15. Oil discharge contingency plans
§ 62.1-44.34:15.1. Regulations for aboveground storage tanks
§ 62.1-44.34:16. Financial responsibility for vessels and facilities
§ 62.1-44.34:18. Discharge of oil prohibited; liability for permitting discharge
§ 62.1-44.34:19. Reporting of discharge
§ 62.1-44.34:19.1. Registration of aboveground storage tanks
§ 62.1-44.34:19.2. Recordkeeping and access to records and facilities
§ 62.1-44.34:20. Enforcement and penalties
§ 62.1-44.34:21. Administrative fees
§ 62.1-44.34:22. Applicability of Administrative Process Act
§ 62.1-44.34:25. Virginia Spill Response Council created; purpose; membership
§ 62.1-44.34:26. Responsibilities of the Council