{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1402.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1402.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1402.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1402.1.html"}],"law_id":79856,"edition_id":1,"section_id":79856,"structure_id":15604,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","history":"1992, c. 853; 2002, c. 822; 2004, cc. 249, 324.","full_text":"Regulations promulgated by the Board which establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b and 16 of \u00a7 10.1-1402 shall be governed by the following:\n\n1\n\nPermit fees charged an applicant shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. No fees shall be charged for minor modifications or minor amendments to such permits. For purposes of this subdivision, “minor permit modifications” or “minor amendments” means specific types of changes, defined by the Board, that are made to keep the permit current with routine changes to the facility or its operation and that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.2\n\nWhen promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.3\n\nOn January 1, 1993, and January 1 of every even-numbered year thereafter, the Board shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.4\n\nFees collected pursuant to subdivisions 15a, 15b or 16 of § 10.1-1402 shall not supplant or reduce in any way the general fund appropriation to the Board.5\n\nThese permit fees shall be collected in order to recover a portion of the agency’s costs associated with (i) the processing of an application to issue, reissue, amend or modify permits, which the Board has authority to issue for the purpose of more efficiently and expeditiously processing and maintaining permits and (ii) the inspections necessary to assure the compliance of large quantity generators of hazardous waste. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.","order_by":null,"text":{"0":{"id":286059,"text":"Regulations promulgated by the Board which establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b and 16 of \u00a7 10.1-1402 shall be governed by the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":286060,"text":"Permit fees charged an applicant shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. No fees shall be charged for minor modifications or minor amendments to such permits. For purposes of this subdivision, “minor permit modifications” or “minor amendments” means specific types of changes, defined by the Board, that are made to keep the permit current with routine changes to the facility or its operation and that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":286061,"text":"When promulgating regulations establishing permit fees, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":286062,"text":"On January 1, 1993, and January 1 of every even-numbered year thereafter, the Board shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":286063,"text":"Fees collected pursuant to subdivisions 15a, 15b or 16 of § 10.1-1402 shall not supplant or reduce in any way the general fund appropriation to the Board.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":286064,"text":"These permit fees shall be collected in order to recover a portion of the agency’s costs associated with (i) the processing of an application to issue, reissue, amend or modify permits, which the Board has authority to issue for the purpose of more efficiently and expeditiously processing and maintaining permits and (ii) the inspections necessary to assure the compliance of large quantity generators of hazardous waste. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":15604,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:56:46","date_modified":"2026-06-26 03:56:46","permalink":{"id":145889,"object_type":"structure","relational_id":15604,"identifier":"1","token":"10.1\/II\/14\/1","url":"\/10.1\/II\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","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":84539,"structure_id":15604,"section_number":"10.1-1400","catch_line":"Definitions","url":"\/10.1-1400\/","token":"10.1\/II\/14\/1\/10.1-1400","metadata":false},{"id":66666,"structure_id":15604,"section_number":"10.1-1400.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1400.1\/","token":"10.1\/II\/14\/1\/10.1-1400.1","metadata":false},{"id":60386,"structure_id":15604,"section_number":"10.1-1401","catch_line":"Virginia Waste Management Board continued","url":"\/10.1-1401\/","token":"10.1\/II\/14\/1\/10.1-1401","metadata":false},{"id":82696,"structure_id":15604,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","url":"\/10.1-1402\/","token":"10.1\/II\/14\/1\/10.1-1402","metadata":false},{"id":60068,"structure_id":15604,"section_number":"10.1-1402.01","catch_line":"Further duties of Board; localities particularly affected","url":"\/10.1-1402.01\/","token":"10.1\/II\/14\/1\/10.1-1402.01","metadata":false},{"id":83586,"structure_id":15604,"section_number":"10.1-1402.02","catch_line":"Use, reuse, or reclamation of coal combustion by-product in a flood plain","url":"\/10.1-1402.02\/","token":"10.1\/II\/14\/1\/10.1-1402.02","metadata":false},{"id":69871,"structure_id":15604,"section_number":"10.1-1402.03","catch_line":"Closure of certain coal combustion residuals units","url":"\/10.1-1402.03\/","token":"10.1\/II\/14\/1\/10.1-1402.03","metadata":false},{"id":86095,"structure_id":15604,"section_number":"10.1-1402.04","catch_line":"Closure of certain coal combustion residuals units; Giles and Russell Counties","url":"\/10.1-1402.04\/","token":"10.1\/II\/14\/1\/10.1-1402.04","metadata":false},{"id":81131,"structure_id":15604,"section_number":"10.1-1402.05","catch_line":"Coal ash landfill storage; provision of public water supply","url":"\/10.1-1402.05\/","token":"10.1\/II\/14\/1\/10.1-1402.05","metadata":false},{"id":79856,"structure_id":15604,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","url":"\/10.1-1402.1\/","token":"10.1\/II\/14\/1\/10.1-1402.1","metadata":false},{"id":67309,"structure_id":15604,"section_number":"10.1-1402.1:1","catch_line":"Annual fees for nonhazardous solid waste management facilities","url":"\/10.1-1402.1_1\/","token":"10.1\/II\/14\/1\/10.1-1402.1_1","metadata":false},{"id":80557,"structure_id":15604,"section_number":"10.1-1402.2","catch_line":"Permit Program Fund established; use of moneys","url":"\/10.1-1402.2\/","token":"10.1\/II\/14\/1\/10.1-1402.2","metadata":false},{"id":69738,"structure_id":15604,"section_number":"10.1-1402.3","catch_line":"Conformance with federal requirements","url":"\/10.1-1402.3\/","token":"10.1\/II\/14\/1\/10.1-1402.3","metadata":false},{"id":80136,"structure_id":15604,"section_number":"10.1-1403","catch_line":"Advisory committees","url":"\/10.1-1403\/","token":"10.1\/II\/14\/1\/10.1-1403","metadata":false},{"id":60650,"structure_id":15604,"section_number":"10.1-1404","catch_line":"Department continued; general powers","url":"\/10.1-1404\/","token":"10.1\/II\/14\/1\/10.1-1404","metadata":false},{"id":81528,"structure_id":15604,"section_number":"10.1-1405","catch_line":"Powers and duties of Director","url":"\/10.1-1405\/","token":"10.1\/II\/14\/1\/10.1-1405","metadata":false},{"id":64275,"structure_id":15604,"section_number":"10.1-1406","catch_line":"Exemptions from liability; expedited settlements","url":"\/10.1-1406\/","token":"10.1\/II\/14\/1\/10.1-1406","metadata":false},{"id":59552,"structure_id":15604,"section_number":"10.1-1406.1","catch_line":"Access to abandoned waste sites","url":"\/10.1-1406.1\/","token":"10.1\/II\/14\/1\/10.1-1406.1","metadata":false},{"id":87322,"structure_id":15604,"section_number":"10.1-1406.2","catch_line":" Conditional exemption for coal and mineral mining overburden or solid waste","url":"\/10.1-1406.2\/","token":"10.1\/II\/14\/1\/10.1-1406.2","metadata":false},{"id":64008,"structure_id":15604,"section_number":"10.1-1407","catch_line":"Repealed","url":"\/10.1-1407\/","token":"10.1\/II\/14\/1\/10.1-1407","metadata":false},{"id":71682,"structure_id":15604,"section_number":"10.1-1407.1","catch_line":"Notification of local government of violation","url":"\/10.1-1407.1\/","token":"10.1\/II\/14\/1\/10.1-1407.1","metadata":false}],"previous_section":{"id":81131,"structure_id":15604,"section_number":"10.1-1402.05","catch_line":"Coal ash landfill storage; provision of public water supply","url":"\/10.1-1402.05\/","token":"10.1\/II\/14\/1\/10.1-1402.05","metadata":false},"next_section":{"id":67309,"structure_id":15604,"section_number":"10.1-1402.1:1","catch_line":"Annual fees for nonhazardous solid waste management facilities","url":"\/10.1-1402.1_1\/","token":"10.1\/II\/14\/1\/10.1-1402.1_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1402.1\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 853 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. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. 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. Those modifications are as follows: in 2002, chapter 822<\/a>; in 2004, chapters 249<\/a> and 324<\/a>.<\/p>","references":[{"id":83890,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","order_by":null,"url":"\/10.1-1183.1\/"},{"id":82696,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-1402\/"},{"id":67309,"section_number":"10.1-1402.1:1","catch_line":"Annual fees for nonhazardous solid waste management facilities","order_by":null,"url":"\/10.1-1402.1_1\/"},{"id":68916,"section_number":"10.1-1454.1","catch_line":"Regulation of wastes transported by water","order_by":null,"url":"\/10.1-1454.1\/"}],"refers_to":[{"id":82696,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","order_by":null,"url":"\/10.1-1402\/"}],"permalink":{"id":145927,"object_type":"law","relational_id":79856,"identifier":"10.1-1402.1","token":"10.1\/II\/14\/1\/10.1-1402.1","url":"\/10.1-1402.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1402.1\/","token":"10.1\/II\/14\/1\/10.1-1402.1","dublin_core":{"Title":"Permit fee regulations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1402.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Regulations promulgated by the Board<\/span> which establish a permit fee assessment and collection system pursuant to subdivisions 15a, 15b and 16 of \u00a7 10.1-1402<\/a> shall be governed by the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Permit fees charged an applicant<\/span> shall reflect the average time and complexity of processing a permit in each of the various categories of permits and permit actions. No fees shall be charged for minor modifications or minor amendments<\/span> to such permits. For purposes of this subdivision, “minor permit modifications<\/span>” or “minor amendments<\/span>” means specific types of changes, defined by the Board<\/span>, that are made to keep the permit current with routine changes to the facility or its operation and that do not require extensive review. A minor permit modification or amendment does not substantially alter permit conditions, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When promulgating regulations establishing permit fees, the Board<\/span> shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industries in the Commonwealth at a competitive disadvantage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> On January 1, 1993, and January 1 of every even-numbered year thereafter, the Board<\/span> shall evaluate the implementation of the permit fee program and provide this evaluation in writing to the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance; and the House Committees on Appropriations, Agriculture, Chesapeake and Natural Resources, and Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department<\/span>, the Department<\/span>’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Fees collected pursuant to subdivisions 15a, 15b or 16 of § 10.1-1402<\/a> shall not supplant or reduce in any way the general fund appropriation to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> These permit fees shall be collected in order<\/span> to recover a portion of the agency’s costs associated with (i) the processing of an application to issue<\/span>, reissue, amend<\/span> or modify permits, which the Board<\/span> has authority to issue<\/span> for the purpose of more efficiently and expeditiously processing and maintaining permits and (ii) the inspections necessary to assure the compliance of large quantity generators of hazardous waste<\/span>. The fees shall be exempt from statewide indirect costs charged and collected by the Department<\/span> of Accounts. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT FEE REGULATIONS (\u00a7 10.1-1402.1)\n\nRegulations promulgated by the Board which establish a permit fee assessment and\ncollection system pursuant to subdivisions 15a, 15b and 16 of \u00a7 10.1-1402 shall\nbe governed by the following:\n\n1. Permit fees charged an applicant shall reflect the average time and\ncomplexity of processing a permit in each of the various categories of permits\nand permit actions. No fees shall be charged for minor modifications or minor\namendments to such permits. For purposes of this subdivision, “minor\npermit modifications” or “minor amendments” means specific\ntypes of changes, defined by the Board, that are made to keep the permit current\nwith routine changes to the facility or its operation and that do not require\nextensive review. A minor permit modification or amendment does not\nsubstantially alter permit conditions, increase the size of the operation, or\nreduce the capacity of the facility to protect human health or the environment.\n\n2. When promulgating regulations establishing permit fees, the Board shall take\ninto account the permit fees charged in neighboring states and the importance of\nnot placing existing or prospective industries in the Commonwealth at a\ncompetitive disadvantage.\n\n3. On January 1, 1993, and January 1 of every even-numbered year thereafter, the\nBoard shall evaluate the implementation of the permit fee program and provide\nthis evaluation in writing to the Senate Committees on Agriculture, Conservation\nand Natural Resources, and Finance; and the House Committees on Appropriations,\nAgriculture, Chesapeake and Natural Resources, and Finance. This evaluation\nshall include a report on the total fees collected, the amount of general funds\nallocated to the Department, the Department’s use of the fees and the\ngeneral funds, the number of permit applications received, the number of permits\nissued, the progress in eliminating permit backlogs, and the timeliness of\npermit processing.\n\n4. Fees collected pursuant to subdivisions 15a, 15b or 16 of § 10.1-1402\nshall not supplant or reduce in any way the general fund appropriation to the\nBoard.\n\n5. These permit fees shall be collected in order to recover a portion of the\nagency’s costs associated with (i) the processing of an application to\nissue, reissue, amend or modify permits, which the Board has authority to issue\nfor the purpose of more efficiently and expeditiously processing and maintaining\npermits and (ii) the inspections necessary to assure the compliance of large\nquantity generators of hazardous waste. The fees shall be exempt from statewide\nindirect costs charged and collected by the Department of Accounts.\n\nHISTORY: 1992, c. 853; 2002, c. 822; 2004, cc. 249, 324.","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}}