Code of Virginia - Title 10.1 Conservation - Chapter 14 Virginia Waste Management Act

10.1-1400 Definitions
As used in this chapter unless the context requires a different meaning: "Applicant" means any and all persons seeking or holding a permit required under ...
10.1-1401 Virginia Waste Management Board continued
A. The Virginia Waste Management Board shall consist of seven Virginia residents appointed by the Governor for terms of four years. The members of the ...
10.1-1402 Powers and duties of the Board
The Board shall carry out the purposes and provisions of this chapter and compatible provisions of federal acts and is authorized to: 1. Supervise and ...
10.1-1402.01 Further duties of Board; localities particularly affected
After June 30, 1994, before promulgating any regulation under consideration or granting any variance to an existing regulation, or issuing any treatment, storage, or disposal ...
10.1-1402.1 Permit fee regulations
Regulations promulgated by the Board which establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b and 16 of § 10.1-1402 shall ...
10.1-1402.1:1 Annual fees for nonhazardous solid waste management facilities
A. In addition to the permit fees assessed and collected pursuant to § 10.1-1402.1, the Board shall collect an annual fee from any person operating ...
10.1-1402.2 Permit Program Fund established; use of moneys
A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Waste Management Board Permit Program Fund, ...
10.1-1402.3 Conformance with federal requirements
Notwithstanding the provisions of this article, any fee system developed by the Board may be modified by regulation promulgated by the Board, as may be ...
10.1-1403 Advisory committees
The Governor shall appoint such advisory committees as he may deem necessary to aid in the development of an effective waste management program. (1986, c. ...
10.1-1404 Department continued; general powers
A. The Department of Waste Management is continued. The Department shall be headed by a Director, who shall be appointed by the Governor to serve ...
10.1-1405 Powers and duties of Director
A. The Director, under the direction and control of the Secretary of Natural Resources, shall exercise such powers and perform such duties as are conferred ...
10.1-1406 Exemptions from liability; expedited settlements
A. No person shall be liable under the provisions of subdivision 19 of § 10.1-1402 for cleanup or to reimburse the Virginia Environmental Emergency Response ...
10.1-1406.1 Access to abandoned waste sites
A. For the purposes of this section, "abandoned waste site" means a waste site for which (i) there has not been adequate remediation or closure ...
10.1-1406.2 Conditional exemption for coal and mineral mining overburden or solid waste
The provisions of this chapter shall not apply to coal or mineral mining overburden returned to the mine site or solid wastes from the extraction, ...
10.1-1407 Description unavailable
Repealed by Acts 1988, cc. 696, 891. ...
10.1-1407.1 Notification of local government of violation
Upon determining that there has been a violation of a regulation promulgated under this chapter and such violation poses an imminent threat to the health, ...
10.1-1408 Description unavailable
Repealed by Acts 1988, cc. 696, 891. ...
10.1-1408.1 Permit required; open dumps prohibited
A. No person shall operate any sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste without a permit from ...
10.1-1408.2 Certification and on-site presence of facility operator
A. On and after January 1, 1993, no person shall be employed as a waste management facility operator, nor shall any person represent himself as ...
10.1-1408.3 Description unavailable
Repealed by Acts 2007, c. 23, cl. 2. ...
10.1-1408.4 Landfill siting review
A. Before granting a permit which approves site suitability for a new municipal solid waste landfill, the Director shall determine, in writing, that the site ...
10.1-1408.5 Special provisions regarding wetlands
A. The Director shall not issue any solid waste permit for a new municipal solid waste landfill or the expansion of a municipal solid waste ...
10.1-1409 Revocation or amendment of permits
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 ...
10.1-1410 Financial responsibility for abandoned facilities; penalties
A. The Board shall promulgate regulations which ensure that if a facility for the disposal, transfer, or treatment of solid waste is abandoned, the costs ...
10.1-1410.1 Sanitary landfill final closure plans; notification requirements
When any owner or operator of a sanitary landfill submits by certified mail a final closure plan in accordance with the requirements of this chapter ...
10.1-1410.2 Landfill postclosure monitoring, maintenance and plans
A. The owner and operator of any solid waste landfill permitted under this chapter shall be responsible for ensuring that such landfill is properly closed ...
10.1-1410.3 Operating burn pits at closed landfills.
The Department shall develop policies and procedures to allow for the infrequent burning of vegetative waste at permitted landfills that have ceased accepting waste but ...
10.1-1411 Regional and local solid waste management plans
A. The Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans. To implement regional plans, the Governor may ...
10.1-1412 Contracts by counties, cities and towns
Any county, city or town may enter into contracts for the supply of solid waste to resource recovery facilities. (1986, c. 492, § 10-275; 1988, ...
10.1-1413 State aid to localities for solid waste disposal
A. To assist localities in the collection, transportation, disposal and management of solid waste in accordance with federal and state laws, regulations and procedures, each ...
10.1-1413.1 Waste information and assessment program
A. The Department shall report by June 30 of each year the amount of solid waste, by weight or volume, disposed of in the Commonwealth ...
10.1-1413.2 Requirements for landfill closure
The Department shall prioritize the closure of landfills that are owned by local governments or political subdivisions, or that are located in the locality and ...
10.1-1414 Definitions
As used in this article, unless the context requires a different meaning: "Advisory Board" means the Litter Control and Recycling Fund Advisory Board; "Disposable package" ...
10.1-1415 Litter Control Program
The Department shall support local, regional and statewide programs to control, prevent and eliminate litter from the Commonwealth and to encourage the recycling of discarded ...
10.1-1415.1 Labeling of plastic container products required; penalty
A. It shall be unlawful for any person to sell, expose for sale, or distribute any plastic bottle or rigid plastic container unless the container ...
10.1-1415.2 Plastic holding device prohibited
A. On and after January 1, 1993, it shall be unlawful to sell or offer for sale beverage containers connected to each other, using rings ...
10.1-1416 Collection and survey of litter
Collections and surveys of the kinds of litter that are discarded in violation of the laws of the Commonwealth shall be conducted as the need ...
10.1-1417 Enforcement of article
The Department shall have the authority to contract with other state and local governmental agencies having law-enforcement powers for services and personnel reasonably necessary to ...
10.1-1418 Penalty for violation of article
Every person convicted of a violation of this article for which no penalty is specifically provided shall be punished by a fine of not more ...
10.1-1418.1 Improper disposal of solid waste; civil penalties
A. It shall be the duty of all persons to dispose of their solid waste in a legal manner. B. Any owner of real estate ...
10.1-1418.2 Improper disposal of tires; exemption; penalty
A. For the purposes of this section: "Convenience center" means a collection point for the temporary storage of waste tires provided for individuals who choose ...
10.1-1418.3 Liability for large waste tire pile fires; exclusions
A. For the purposes of this section: "Tire pile" means an unpermitted accumulation of more than 100 waste tires. B. For any tire pile that ...
10.1-1418.4 Removal of waste tire piles; cost recovery; right of entry
Notwithstanding any other provision, upon the failure of any owner or operator to remove or remediate a waste tire pile in accordance with an order ...
10.1-1418.5 Lien for waste tire pile removal
A. The Commonwealth shall have a lien, if perfected as hereinafter provided, on land subject to removal action under § 10.1-1418.4 for the amount of ...
10.1-1419 Litter receptacles; placement; penalty for violations
A. The Board shall promulgate regulations establishing reasonable guidelines for the owners or persons in control of any property which is held out to the ...
10.1-1420 Litter bag
The Department may design and produce a litter bag bearing the state anti-litter symbol and a statement of the penalties prescribed for littering. Such litter ...
10.1-1421 Responsibility for removal of litter from receptacles
The responsibility for the removal of litter from litter receptacles placed at parks, beaches, campgrounds, trailer parks, and other public places shall remain upon those ...
10.1-1422 Further duties of Department
In addition to the foregoing duties the Department shall: 1. Serve as the coordinating agency between the various industry and business organizations seeking to aid ...
10.1-1422.01 Litter Control and Recycling Fund established; use of moneys; purpose of Fund
A. All moneys collected from the taxes imposed under §§ 58.1-1700 through 58.1-1710 and by the taxes increased by Chapter 616 of the 1977 Acts ...
10.1-1422.02 Litter Control and Recycling Fund Advisory Board established; duties and responsibilities
There is hereby created the Litter Control and Recycling Fund Advisory Board. The Advisory Board shall: 1. Review applications received by the Department for grants ...
10.1-1422.03 Membership, meetings, and staffing
A. The Advisory Board shall consist of five persons appointed by the Governor. Three members shall represent persons paying the taxes which are deposited into ...
10.1-1422.04 Local litter prevention and recycling grants; eligibility and funding process
The Director shall award local litter prevention and recycling grants to localities that apply for such grants and meet the eligibility requirements established in the ...
10.1-1422.05 Litter control and recycling grants
The Director, after receiving the recommendations of the Advisory Board, shall award litter prevention and recycling grants to localities that meet the requirements established in ...
10.1-1422.1 Disposal of waste tires
The Department shall develop and implement a plan for the management and transportation of all waste tires in the Commonwealth. (1989, c. 630; 1993, c. ...
10.1-1422.2 Recycling residues; testing
The Department shall develop and implement a plan for the testing of recycling residues generated in the Commonwealth to determine whether they are nonhazardous. The ...
10.1-1422.3 Waste Tire Trust Fund established; use of moneys; purpose of Fund
A. All moneys collected pursuant to § 58.1-642, minus the necessary expenses of the Department of Taxation for the administration of this tire recycling fee ...
10.1-1422.4 Partial reimbursement for waste tires; eligibility; promulgation of regulations
A. The intent of the partial reimbursement of costs under this section is to promote the use of waste tires by enhancing markets for waste ...
10.1-1422.5 Description unavailable
Repealed by Acts 2001, c. 569. ...
10.1-1422.6 Used motor oil, other fluids for automotive engine maintenance, and oil filters; signs; establishme...
A. The Department shall establish a statewide management program for used motor oil, other fluids for automotive engine maintenance, and oil filters. The program shall ...
10.1-1423 Notice to public required
Pertinent portions of this article shall be posted along the public highways of the Commonwealth, at public highway entrances to the Commonwealth, in all campgrounds ...
10.1-1424 Allowing escape of load material; penalty
No vehicle shall be driven or moved on any highway unless the vehicle is constructed or loaded to prevent any of its load from dropping, ...
10.1-1424.1 Material containing fully halogenated chloro-fluorocarbons prohibited; penalty
A. On and after January 1, 1992, it shall be unlawful for any distributor or manufacturer knowingly to sell or offer for sale, for purposes ...
10.1-1424.2 Products containing trichloroethylene prohibited; penalty
As of January 1, 2004, it shall be unlawful for any person to knowingly sell or distribute for retail sale in the Commonwealth any product ...
10.1-1425 Preemption of certain local ordinances
The provisions of this article shall supersede and preempt any local ordinance which attempts to regulate the size or type of any container or package ...
10.1-1425.1 Lead acid batteries; land disposal prohibited; penalty
A. It shall be unlawful for any person to place a used lead acid battery in mixed municipal solid waste or to discard or otherwise ...
10.1-1425.2 Collection of lead acid batteries for recycling
Any person selling lead acid batteries at retail or offering lead acid batteries for retail sale in the Commonwealth shall: 1. Accept from customers, at ...
10.1-1425.3 Inspection of battery retailers; penalty
The Department shall produce, print, and distribute the notices required by § 10.1-1425.2 to all places in the Commonwealth where lead acid batteries are offered ...
10.1-1425.4 Lead acid battery wholesalers; penalty
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, ...
10.1-1425.5 Construction of article
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 ...
10.1-1425.6 Recycling programs of state agencies
A. It shall be the duty of each state university and state agency of the Commonwealth, including the General Assembly, to establish programs for the ...
10.1-1425.7 Duty of the Department of Business Assistance
The Department of Business Assistance shall assist the Department by encouraging and promoting the establishment of appropriate recycling industries in the Commonwealth. (1990, c. 616; ...
10.1-1425.8 Department of Transportation; authority and duty
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 ...
10.1-1425.9 Duties of the Department of Education
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) ...
10.1-1425.10 Definition
As used in this article, unless the context requires a different meaning: "Pollution prevention" means eliminating or reducing the use, generation or release at the ...
10.1-1425.11 Establishment of pollution prevention policy
It shall be the policy of the Commonwealth (i) that the Commonwealth should encourage pollution prevention activities by removing barriers and providing incentives and assistance, ...
10.1-1425.12 Pollution prevention assistance program
The Department shall establish a voluntary pollution prevention assistance program designed to assist all persons in promoting pollution prevention measures in the Commonwealth. The program ...
10.1-1425.13 Pollution prevention advisory panels
The Director is authorized to name qualified persons to pollution prevention advisory panels to assist the Department in administering the pollution prevention assistance program. Panels ...
10.1-1425.14 Pilot projects
The Department may sponsor pilot projects to develop and demonstrate innovative technologies and methods for pollution prevention. The results of all such projects shall be ...
10.1-1425.15 Waste exchange
The Department may establish an industrial environmental waste material exchange that provides for the exchange, between interested persons, of information concerning (i) particular quantities of ...
10.1-1425.16 Trade secret protection
All trade secrets obtained pursuant to this article by the Department or its agents shall be held as confidential. (1993, c. 459.) ...
10.1-1425.17 Evaluation report
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 ...
10.1-1425.18 Pollution prevention grants
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 ...
10.1-1425.19 Inspections and enforcement actions by the Department
A. The Department shall seek to ensure, where appropriate, that any inspections conducted pursuant to Chapters 13 (§ 10.1-1300 et seq.) and 14 (§ 10.1-1400 ...
10.1-1425.20 Findings and intent
A. The General Assembly finds that: 1. The management of solid waste can pose a wide range of hazards to public health and safety and ...
10.1-1425.21 Definitions
As used in this article, unless the context requires a different meaning: "Distributor" means any person who takes title to products or packaging purchased for ...
10.1-1425.22 Schedule for removal of incidental amounts of heavy metals
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 ...
10.1-1425.23 Exemptions
The following packaging and packaging components shall be exempt from the requirements of this Act: 1. Packaging or packaging components with a code indicating a ...
10.1-1425.24 Certificate of compliance
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 ...
10.1-1425.25 Promulgation of regulations
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 ...
10.1-1425.26 Cathode ray tube special waste recycling program
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 ...
10.1-1425.27 (Effective July 1, 2009) Definitions
As used in this article, unless the context requires a different meaning: "Brand" means the name, symbol, logo, trademark, or other information that identifies a ...
10.1-1425.28 (Effective July 1, 2009) Applicability
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 ...
10.1-1425.29 (Effective July 1, 2009) Manufacturer recovery plan
A. Before a manufacturer may offer computer equipment for sale in the Commonwealth, the manufacturer shall: 1. Adopt and implement a recovery plan; and 2. ...
10.1-1425.30 (Effective July 1, 2009) Reporting requirements
Each manufacturer shall publish a report on its publicly accessible website no later than January 31 of each year that includes: 1. The name and ...
10.1-1425.31 (Effective July 1, 2009) Retailer responsibility
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 ...
10.1-1425.32 (Effective July 1, 2009) Liability for information stored on computers
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 ...
10.1-1425.33 (Effective July 1, 2009) Department responsibilities
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 ...
10.1-1425.34 (Effective July 1, 2009) Enforcement
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 ...
10.1-1425.35 (Effective July 1, 2009) Financial and proprietary information
Financial or proprietary information submitted to the Department under this article is exempt from public disclosure. (2008, c. 541.) ...
10.1-1425.36 (Effective July 1, 2009) Fees not authorized
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 ...
10.1-1425.37 (Effective July 1, 2009) Consumer responsibilities
A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused. (2008, c. 541.) ...
10.1-1425.38 (Effective July 1, 2009) Sound environmental management
All computer equipment collected under this article shall be recycled or reused in a manner that complies with federal, state, and local law. (2008, c. ...
10.1-1426 Permits required; waiver of requirements; reports; conditional permits
A. No person shall transport, store, provide treatment for, or dispose of a hazardous waste without a permit from the Director. B. Any person generating, ...
10.1-1427 Revocation, suspension or amendment of permits
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 ...
10.1-1428 Financial responsibility for abandoned facilities; penalties
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, ...
10.1-1429 Notice of release of hazardous substance
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 ...
10.1-1429.1 through 10.1-1429.3
Repealed by Acts 2002, c. 378, cl. 2, effective July 1, 2002. ...
10.1-1429.4 Description unavailable
Repealed by Acts 2002, c. 378, cl. 2, effective July 1, 2002. ...
10.1-1430 Authority of Governor to enter into agreements with federal government; effect on federal license...
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 ...
10.1-1431 Authority of Board to enter into agreements with federal government, other states or interstate age...
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, ...
10.1-1432 Further powers of Board
The Board shall have the power, subject to the approval of the Governor: 1. To acquire by purchase, exercise the right of eminent domain as ...
10.1-1433 Definitions
As used in this article, unless the context requires a different meaning: "Applicant" means the person applying for a certification of site suitability or submitting ...
10.1-1434 Additional powers and duties of the Board
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 ...
10.1-1435 Certification of site approval required; "construction" defined; remedies
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 ...
10.1-1436 Site approval criteria
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, ...
10.1-1437 Notice of intent to file application for certification of site approval
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 ...
10.1-1438 Powers of governing body of host community; technical assistance
A. The governing body of a host community shall have the power to: 1. Hire and pay consultants and other experts on behalf of the ...
10.1-1439 Briefing meetings
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 ...
10.1-1440 Impact analysis
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 ...
10.1-1441 Application for certification of site approval
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 ...
10.1-1442 Negotiations; siting agreement
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 ...
10.1-1443 Draft certification of site approval
A. Within thirty days after receipt of the governing body's report or as otherwise provided in subsection F of § 10.1-1441, the Board shall issue ...
10.1-1444 Public hearing on draft certification of site approval
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 ...
10.1-1445 Final decision on certification of site approval
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 ...
10.1-1446 Effect of certification
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 ...
10.1-1447 Public participation; notice
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 ...
10.1-1448 Technical Assistance Fund
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 ...
10.1-1449 Siting Dedicated Revenue Fund
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 ...
10.1-1450 Waste Management Board to promulgate regulations regarding hazardous materials
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. ...
10.1-1451 Enforcement of article and regulations
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 ...
10.1-1452 Article not to preclude exercise of certain regulatory powers
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 ...
10.1-1453 Exceptions
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, ...
10.1-1454 Transportation under United States regulations
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 ...
10.1-1454.1 Regulation of wastes transported by water
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 ...
10.1-1454.2 Description unavailable
Repealed by Acts 2003, c. 830. ...
10.1-1454.3 Description unavailable
Repealed by Acts 2007, c. 23, cl. 2. ...
10.1-1455 Penalties and enforcement
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 ...
10.1-1456 Right of entry to inspect, etc.; warrants
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 ...
10.1-1457 Judicial review
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 ...

Last modified: April 2, 2009