{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1232.html"}],"law_id":84797,"edition_id":1,"section_id":84797,"structure_id":13991,"section_number":"10.1-1232","catch_line":"Voluntary Remediation Program","history":"2002, c. 378; 2014, c. 366.","full_text":"A\n\nThe Virginia Waste Management Board shall promulgate regulations to allow persons who own, operate, have a security interest in or enter into a contract for the purchase of contaminated property to voluntarily remediate releases of hazardous substances, hazardous wastes, solid wastes, or petroleum. The regulations shall apply where remediation has not clearly been mandated by the United States Environmental Protection Agency, the Department or a court pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. \u00a7 9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. \u00a7 6901 et seq.), the Virginia Waste Management Act (\u00a7 10.1-1400 et seq.), the State Water Control Law (\u00a7 62.1-44.2 et seq.), or other applicable statutory or common law or where jurisdiction of those statutes has been waived. The regulations shall provide for the following:1\n\nThe establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal standards for soil, groundwater and sediments, taking into consideration scientific information regarding the following: (i) protection of public health and the environment, (ii) the future industrial, commercial, residential, or other use of the property to be remediated and of surrounding properties, (iii) reasonably available and effective remediation technology and analytical quantitation technology, (iv) the availability of institutional or engineering controls that are protective of human health or the environment, and (v) natural background levels for hazardous constituents;2\n\nThe establishment of procedures that minimize the delay and expense of the remediation, to be followed by a person volunteering to remediate a release and by the Department in processing submissions and overseeing remediation;3\n\nThe issuance of certifications of satisfactory completion of remediation, based on then-present conditions and available information, where voluntary cleanup achieves applicable cleanup standards or where the Department determines that no further action is required;4\n\nProcedures to waive or expedite issuance of any permits required to initiate and complete a voluntary cleanup consistent with applicable federal law; and5\n\nRegistration fees to be collected from persons conducting voluntary remediation to defray the actual reasonable costs of the voluntary remediation program expended at the site.B\n\nPersons conducting voluntary remediations pursuant to an agreement with the Department entered into prior to the promulgation of those regulations may elect to complete the cleanup in accordance with such an agreement or the regulations.C\n\nCertification of satisfactory completion of remediation shall constitute immunity to an enforcement action under the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 13 (§ 10.1-1300 et seq.) of this title, or any other applicable law.D\n\nAt the request of a person who owns, operates, holds a security interest in or contracts for the purchase of property from which the contamination to be voluntarily remediated originates, the Department is authorized to seek temporary access to private and public property not owned by such person conducting the voluntary remediation as may be reasonably necessary for such person to conduct the voluntary remediation. Such request shall include a demonstration that the person requesting access has used reasonable effort to obtain access by agreement with the property owner. Such access, if granted, shall be granted for only the minimum amount of time necessary to complete the remediation and shall be exercised in a manner that minimizes the disruption of ongoing activities and compensates for actual damages. The person requesting access shall reimburse the Commonwealth for reasonable, actual and necessary expenses incurred in seeking or obtaining access. Denial of access to the Department by a property owner creates a rebuttable presumption that such owner waives all rights, claims and causes of action against the person volunteering to perform remediation for costs, losses or damages related to the contamination as to claims for costs, losses or damages arising after the date of such denial of access to the Department. A property owner who has denied access to the Department may rebut the presumption by showing that he had good cause for the denial or that the person requesting that the Department obtain access acted in bad faith.","order_by":null,"text":{"0":{"id":303817,"text":"The Virginia Waste Management Board shall promulgate regulations to allow persons who own, operate, have a security interest in or enter into a contract for the purchase of contaminated property to voluntarily remediate releases of hazardous substances, hazardous wastes, solid wastes, or petroleum. The regulations shall apply where remediation has not clearly been mandated by the United States Environmental Protection Agency, the Department or a court pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. \u00a7 9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. \u00a7 6901 et seq.), the Virginia Waste Management Act (\u00a7 10.1-1400 et seq.), the State Water Control Law (\u00a7 62.1-44.2 et seq.), or other applicable statutory or common law or where jurisdiction of those statutes has been waived. The regulations shall provide for the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":303818,"text":"The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal standards for soil, groundwater and sediments, taking into consideration scientific information regarding the following: (i) protection of public health and the environment, (ii) the future industrial, commercial, residential, or other use of the property to be remediated and of surrounding properties, (iii) reasonably available and effective remediation technology and analytical quantitation technology, (iv) the availability of institutional or engineering controls that are protective of human health or the environment, and (v) natural background levels for hazardous constituents;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":303819,"text":"The establishment of procedures that minimize the delay and expense of the remediation, to be followed by a person volunteering to remediate a release and by the Department in processing submissions and overseeing remediation;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":303820,"text":"The issuance of certifications of satisfactory completion of remediation, based on then-present conditions and available information, where voluntary cleanup achieves applicable cleanup standards or where the Department determines that no further action is required;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":303821,"text":"Procedures to waive or expedite issuance of any permits required to initiate and complete a voluntary cleanup consistent with applicable federal law; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":303822,"text":"Registration fees to be collected from persons conducting voluntary remediation to defray the actual reasonable costs of the voluntary remediation program expended at the site.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":303823,"text":"Persons conducting voluntary remediations pursuant to an agreement with the Department entered into prior to the promulgation of those regulations may elect to complete the cleanup in accordance with such an agreement or the regulations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":303824,"text":"Certification of satisfactory completion of remediation shall constitute immunity to an enforcement action under the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), Chapter 13 (§ 10.1-1300 et seq.) of this title, or any other applicable law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":303825,"text":"At the request of a person who owns, operates, holds a security interest in or contracts for the purchase of property from which the contamination to be voluntarily remediated originates, the Department is authorized to seek temporary access to private and public property not owned by such person conducting the voluntary remediation as may be reasonably necessary for such person to conduct the voluntary remediation. Such request shall include a demonstration that the person requesting access has used reasonable effort to obtain access by agreement with the property owner. Such access, if granted, shall be granted for only the minimum amount of time necessary to complete the remediation and shall be exercised in a manner that minimizes the disruption of ongoing activities and compensates for actual damages. The person requesting access shall reimburse the Commonwealth for reasonable, actual and necessary expenses incurred in seeking or obtaining access. Denial of access to the Department by a property owner creates a rebuttable presumption that such owner waives all rights, claims and causes of action against the person volunteering to perform remediation for costs, losses or damages related to the contamination as to claims for costs, losses or damages arising after the date of such denial of access to the Department. A property owner who has denied access to the Department may rebut the presumption by showing that he had good cause for the denial or that the person requesting that the Department obtain access acted in bad faith.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13991,"edition_id":1,"name":"Brownfield Restoration and Land Renewal Act","identifier":"12.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:46:32","date_modified":"2026-06-26 03:46:32","permalink":{"id":145563,"object_type":"structure","relational_id":13991,"identifier":"12.1","token":"10.1\/II\/12.1","url":"\/10.1\/II\/12.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79851,"structure_id":13991,"section_number":"10.1-1230","catch_line":"Definitions","url":"\/10.1-1230\/","token":"10.1\/II\/12.1\/10.1-1230","metadata":false},{"id":55067,"structure_id":13991,"section_number":"10.1-1231","catch_line":"Brownfield restoration and land renewal policy and programs","url":"\/10.1-1231\/","token":"10.1\/II\/12.1\/10.1-1231","metadata":false},{"id":84797,"structure_id":13991,"section_number":"10.1-1232","catch_line":"Voluntary Remediation Program","url":"\/10.1-1232\/","token":"10.1\/II\/12.1\/10.1-1232","metadata":false},{"id":80408,"structure_id":13991,"section_number":"10.1-1233","catch_line":"Amnesty for voluntary disclosure and restoration of brownfield sites","url":"\/10.1-1233\/","token":"10.1\/II\/12.1\/10.1-1233","metadata":false},{"id":71221,"structure_id":13991,"section_number":"10.1-1234","catch_line":"Limitations on liability","url":"\/10.1-1234\/","token":"10.1\/II\/12.1\/10.1-1234","metadata":false},{"id":64420,"structure_id":13991,"section_number":"10.1-1235","catch_line":"Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act","url":"\/10.1-1235\/","token":"10.1\/II\/12.1\/10.1-1235","metadata":false},{"id":72952,"structure_id":13991,"section_number":"10.1-1236","catch_line":"Access to abandoned brownfield sites","url":"\/10.1-1236\/","token":"10.1\/II\/12.1\/10.1-1236","metadata":false},{"id":73995,"structure_id":13991,"section_number":"10.1-1237","catch_line":"Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses","url":"\/10.1-1237\/","token":"10.1\/II\/12.1\/10.1-1237","metadata":false}],"previous_section":{"id":55067,"structure_id":13991,"section_number":"10.1-1231","catch_line":"Brownfield restoration and land renewal policy and programs","url":"\/10.1-1231\/","token":"10.1\/II\/12.1\/10.1-1231","metadata":false},"next_section":{"id":80408,"structure_id":13991,"section_number":"10.1-1233","catch_line":"Amnesty for voluntary disclosure and restoration of brownfield sites","url":"\/10.1-1233\/","token":"10.1\/II\/12.1\/10.1-1233","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1232\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 378<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2014, chapter 366<\/a>.<\/p>","references":[{"id":72777,"section_number":"58.1-3664","catch_line":"Environmental restoration sites","order_by":null,"url":"\/58.1-3664\/"}],"refers_to":[{"id":77830,"section_number":"10.1-1300","catch_line":"Definitions","order_by":null,"url":"\/10.1-1300\/"},{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":145573,"object_type":"law","relational_id":84797,"identifier":"10.1-1232","token":"10.1\/II\/12.1\/10.1-1232","url":"\/10.1-1232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1232\/","token":"10.1\/II\/12.1\/10.1-1232","dublin_core":{"Title":"Voluntary Remediation Program","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Virginia Waste Management Board shall promulgate regulations to allow persons<\/span> who own, operate, have a security interest in or enter into a contract<\/span> for the purchase of contaminated property to voluntarily remediate releases of hazardous substances, hazardous wastes, solid wastes, or petroleum. The regulations shall apply where remediation has not clearly been mandated by the United States Environmental Protection Agency, the Department<\/span> or a court<\/span> pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. \u00a7 9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. \u00a7 6901 et seq.), the Virginia Waste Management Act (\u00a7 10.1-1400<\/a> et seq.), the State Water Control Law (\u00a7 62.1-44.2<\/a> et seq.), or other applicable statutory or common law<\/span> or where jurisdiction<\/span> of those statutes<\/span> has been waived. The regulations shall provide for the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The establishment of methodologies to determine site-specific risk-based remediation standards, which shall be no more stringent than applicable or appropriate relevant federal standards for soil, groundwater and sediments, taking into consideration scientific information regarding the following: (i) protection of public health and the environment, (ii) the future industrial, commercial, residential, or other use of the property to be remediated and of surrounding properties, (iii) reasonably available and effective remediation technology and analytical quantitation technology, (iv) the availability of institutional or engineering controls that are protective of human health or the environment, and (v) natural background levels for hazardous constituents; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The establishment of procedures that minimize the delay and expense of the remediation, to be followed by a person<\/span> volunteering to remediate a release and by the Department<\/span> in processing submissions and overseeing remediation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The issuance of certifications of satisfactory completion of remediation, based on then-present conditions and available information, where voluntary cleanup achieves applicable cleanup standards or where the Department<\/span> determines that no further action is required; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Procedures to waive<\/span> or expedite issuance of any permits required to initiate and complete a voluntary cleanup consistent with applicable federal law; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Registration fees to be collected from persons<\/span> conducting voluntary remediation to defray the actual reasonable costs<\/span> of the voluntary remediation program expended at the site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Persons<\/span> conducting voluntary remediations pursuant to an agreement with the Department<\/span> entered into prior to the promulgation of those regulations may elect to complete the cleanup in accordance with such an agreement or the regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Certification of satisfactory completion of remediation shall constitute immunity to an enforcement action under the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), the State Water Control Law (§ 62.1-44.2<\/a> et seq.), Chapter 13 (§ 10.1-1300<\/a> et seq.) of this title, or any other applicable law. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At the request of a person<\/span> who owns, operates, holds a security interest in or contracts<\/span> for the purchase of property from which the contamination to be voluntarily remediated originates, the Department<\/span> is authorized to seek temporary access to private and public property not owned by such person<\/span> conducting the voluntary remediation as may be reasonably necessary for such person<\/span> to conduct the voluntary remediation. Such request shall include a demonstration that the person<\/span> requesting access has used reasonable effort to obtain access by agreement with the property owner. Such access, if granted, shall be granted for only the minimum amount of time necessary to complete the remediation and shall be exercised in a manner that minimizes the disruption of ongoing activities and compensates for actual damages<\/span>. The person<\/span> requesting access shall reimburse the Commonwealth for reasonable, actual and necessary expenses incurred in seeking or obtaining access. Denial of access to the Department<\/span> by a property owner creates a rebuttable presumption<\/span> that such owner waives<\/span> all rights, claims and causes of action against the person<\/span> volunteering to perform remediation for costs<\/span>, losses or damages<\/span> related to the contamination as to claims for costs<\/span>, losses or damages<\/span> arising after the date of such denial of access to the Department<\/span>. A property owner who has denied access to the Department<\/span> may rebut the presumption<\/span> by showing that he had good cause for the denial or that the person<\/span> requesting that the Department<\/span> obtain access acted in bad faith. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVOLUNTARY REMEDIATION PROGRAM (\u00a7 10.1-1232)\n\nA. The Virginia Waste Management Board shall promulgate regulations to allow\npersons who own, operate, have a security interest in or enter into a contract\nfor the purchase of contaminated property to voluntarily remediate releases of\nhazardous substances, hazardous wastes, solid wastes, or petroleum. The\nregulations shall apply where remediation has not clearly been mandated by the\nUnited States Environmental Protection Agency, the Department or a court\npursuant to the Comprehensive Environmental Response, Compensation and Liability\nAct (42 U.S.C. \u00a7 9601 et seq.), the Resource Conservation and Recovery Act (42\nU.S.C. \u00a7 6901 et seq.), the Virginia Waste Management Act (\u00a7 10.1-1400 et\nseq.), the State Water Control Law (\u00a7 62.1-44.2 et seq.), or other applicable\nstatutory or common law or where jurisdiction of those statutes has been waived.\nThe regulations shall provide for the following:\n\n 1. The establishment of methodologies to determine site-specific risk-based\n remediation standards, which shall be no more stringent than applicable or\n appropriate relevant federal standards for soil, groundwater and sediments,\n taking into consideration scientific information regarding the following: (i)\n protection of public health and the environment, (ii) the future industrial,\n commercial, residential, or other use of the property to be remediated and of\n surrounding properties, (iii) reasonably available and effective remediation\n technology and analytical quantitation technology, (iv) the availability of\n institutional or engineering controls that are protective of human health or\n the environment, and (v) natural background levels for hazardous constituents;\n\n 2. The establishment of procedures that minimize the delay and expense of the\n remediation, to be followed by a person volunteering to remediate a release\n and by the Department in processing submissions and overseeing remediation;\n\n 3. The issuance of certifications of satisfactory completion of remediation,\n based on then-present conditions and available information, where voluntary\n cleanup achieves applicable cleanup standards or where the Department\n determines that no further action is required;\n\n 4. Procedures to waive or expedite issuance of any permits required to\n initiate and complete a voluntary cleanup consistent with applicable federal\n law; and\n\n 5. Registration fees to be collected from persons conducting voluntary\n remediation to defray the actual reasonable costs of the voluntary remediation\n program expended at the site.\n\nB. Persons conducting voluntary remediations pursuant to an agreement with the\nDepartment entered into prior to the promulgation of those regulations may elect\nto complete the cleanup in accordance with such an agreement or the regulations.\n\nC. Certification of satisfactory completion of remediation shall constitute\nimmunity to an enforcement action under the Virginia Waste Management Act\n(§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et\nseq.), Chapter 13 (§ 10.1-1300 et seq.) of this title, or any other\napplicable law.\n\nD. At the request of a person who owns, operates, holds a security interest in\nor contracts for the purchase of property from which the contamination to be\nvoluntarily remediated originates, the Department is authorized to seek\ntemporary access to private and public property not owned by such person\nconducting the voluntary remediation as may be reasonably necessary for such\nperson to conduct the voluntary remediation. Such request shall include a\ndemonstration that the person requesting access has used reasonable effort to\nobtain access by agreement with the property owner. Such access, if granted,\nshall be granted for only the minimum amount of time necessary to complete the\nremediation and shall be exercised in a manner that minimizes the disruption of\nongoing activities and compensates for actual damages. The person requesting\naccess shall reimburse the Commonwealth for reasonable, actual and necessary\nexpenses incurred in seeking or obtaining access. Denial of access to the\nDepartment by a property owner creates a rebuttable presumption that such owner\nwaives all rights, claims and causes of action against the person volunteering\nto perform remediation for costs, losses or damages related to the contamination\nas to claims for costs, losses or damages arising after the date of such denial\nof access to the Department. A property owner who has denied access to the\nDepartment may rebut the presumption by showing that he had good cause for the\ndenial or that the person requesting that the Department obtain access acted in\nbad faith.\n\nHISTORY: 2002, c. 378; 2014, c. 366.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}