Virginia Code 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:
Terms Used In Virginia Code 10.1-1434
- Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
- certification: means the certification issued by the Board pursuant to this chapter. See Virginia Code 10.1-1433
- Contract: A legal written agreement that becomes binding when signed.
- Criteria: means the criteria adopted by the Board, pursuant to § Virginia Code 10.1-1433
- Department: means the Department of Environmental Quality. See Virginia Code 10.1-1400
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
- 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. See Virginia Code 10.1-1433
- Hazardous waste: means a solid waste or combination of solid waste that because of its quantity, concentration or physical, chemical, or infectious characteristics may:
1. See Virginia Code 10.1-1400
- Person: includes an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 10.1-1400
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Storage: means the containment or holding of hazardous wastes pending treatment, recycling, reuse, recovery or disposal. See Virginia Code 10.1-1433
- 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. See Virginia Code 10.1-1433
- Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
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.