{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1236.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1236.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1236.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1236.html"}],"law_id":72952,"edition_id":1,"section_id":72952,"structure_id":13991,"section_number":"10.1-1236","catch_line":"Access to abandoned brownfield sites","history":"2002, c. 378.","full_text":"A\n\nAny local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned brownfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Board, or to remediate the site. The petition shall include (i) a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and (ii) a plan approved by the Director and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan shall not be considered a case decision as defined by § 2.2-4001.B\n\nAny person, local government, or agency of the Commonwealth not otherwise liable under federal or state law or regulation who performs any investigative, abatement or remediation activities pursuant to this section shall not become subject to civil enforcement or remediation action under Chapter 14 (§ 10.1-1400 et seq.) of this title or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.C\n\nThis section shall not in any way limit the authority of the Virginia Waste Management Board, Director, or Department otherwise created by Chapter 14 (§ 10.1-1400 et seq.) of this title.","order_by":null,"text":{"0":{"id":262765,"text":"Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned brownfield site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Board, or to remediate the site. The petition shall include (i) a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and (ii) a plan approved by the Director and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan shall not be considered a case decision as defined by § 2.2-4001.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262766,"text":"Any person, local government, or agency of the Commonwealth not otherwise liable under federal or state law or regulation who performs any investigative, abatement or remediation activities pursuant to this section shall not become subject to civil enforcement or remediation action under Chapter 14 (§ 10.1-1400 et seq.) of this title or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262767,"text":"This section shall not in any way limit the authority of the Virginia Waste Management Board, Director, or Department otherwise created by Chapter 14 (§ 10.1-1400 et seq.) of this title.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1236\/","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.<\/p>","references":false,"refers_to":[{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"}],"permalink":{"id":145589,"object_type":"law","relational_id":72952,"identifier":"10.1-1236","token":"10.1\/II\/12.1\/10.1-1236","url":"\/10.1-1236\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1236\/","token":"10.1\/II\/12.1\/10.1-1236","dublin_core":{"Title":"Access to abandoned brownfield sites","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1236","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any local government<\/span> or agency of the Commonwealth may apply to the appropriate circuit<\/span> court<\/span> for access to an abandoned brownfield<\/span> site in order<\/span> to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction<\/span> of the Board, or to remediate the site. The petition<\/span> shall include (i) a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party<\/span> and (ii) a plan approved by the Director<\/span> and which is consistent with applicable state and federal laws<\/span> and regulations. The approval or disapproval of a plan shall not be considered a case decision as defined by § 2.2-4001<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span>, local government<\/span>, or agency of the Commonwealth not otherwise liable under federal or state law<\/span> or regulation who performs any investigative, abatement or remediation activities pursuant to this section shall not become subject to civil enforcement or remediation action under Chapter 14 (§ 10.1-1400<\/a> et seq.) of this title or other applicable state laws<\/span> or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> This section shall not in any way limit the authority<\/span> of the Virginia Waste Management Board, Director<\/span>, or Department<\/span> otherwise created by Chapter 14 (§ 10.1-1400<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCESS TO ABANDONED BROWNFIELD SITES (\u00a7 10.1-1236)\n\nA. Any local government or agency of the Commonwealth may apply to the\nappropriate circuit court for access to an abandoned brownfield site in order to\ninvestigate contamination, to abate any hazard caused by the improper management\nof substances within the jurisdiction of the Board, or to remediate the site.\nThe petition shall include (i) a demonstration that all reasonable efforts have\nbeen made to locate the owner, operator or other responsible party and (ii) a\nplan approved by the Director and which is consistent with applicable state and\nfederal laws and regulations. The approval or disapproval of a plan shall not be\nconsidered a case decision as defined by § 2.2-4001.\n\nB. Any person, local government, or agency of the Commonwealth not otherwise\nliable under federal or state law or regulation who performs any investigative,\nabatement or remediation activities pursuant to this section shall not become\nsubject to civil enforcement or remediation action under Chapter 14 (§\n10.1-1400 et seq.) of this title or other applicable state laws or to private\ncivil suits related to contamination not caused by its investigative, abatement\nor remediation activities.\n\nC. This section shall not in any way limit the authority of the Virginia Waste\nManagement Board, Director, or Department otherwise created by Chapter 14\n(§ 10.1-1400 et seq.) of this title.\n\nHISTORY: 2002, c. 378.","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}}