Virginia Code 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 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 § 10.1-1447. No testimony or evidence will be received at the meeting.
Terms Used In Virginia Code 10.1-1445
- Applicant: means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. See Virginia Code 10.1-1433
- 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
- Criteria: means the criteria adopted by the Board, pursuant to § 10. See Virginia Code 10.1-1433
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Host community: means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed. See Virginia Code 10.1-1433
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. The Board shall grant the certification of site approval if it finds:
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;
2. That the facility will comply and be consistent with the criteria promulgated by the Board; and
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 § 10.1-1438.
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.
D. The grant or denial of certification shall constitute final action by the Board.
1986, c. 492, § 10-301; 1988, c. 891.