{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1402.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1402.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1402.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1402.html"}],"law_id":82696,"edition_id":1,"section_id":82696,"structure_id":15604,"section_number":"10.1-1402","catch_line":"Powers and duties of the Board","history":"1986, cc. 492, 566, \u00a7 10-266; 1987, c. 122; 1988, cc. 117, 891; 1990, cc. 499, 919; 1991, c. 718; 1992, c. 853; 1993, c. 456; 2003, c. 940; 2004, cc. 249, 324; 2006, cc. 16, 163; 2020, c. 621.","full_text":"The Board shall carry out the purposes and provisions of this chapter and compatible provisions of federal acts and is authorized to:\n\n1\n\nSupervise and control waste management activities in the Commonwealth.2\n\nConsult, advise and coordinate with the Governor, the Secretary, the General Assembly, and other state and federal agencies for the purpose of implementing this chapter and the federal acts.3\n\nProvide technical assistance and advice concerning all aspects of waste management.4\n\nDevelop and keep current state waste management plans and provide technical assistance, advice and other aid for the development and implementation of local and regional waste management plans.5\n\nPromote the development of resource conservation and resource recovery systems and provide technical assistance and advice on resource conservation, resource recovery and resource recovery systems.6\n\nCollect data necessary to conduct the state waste programs, including data on the identification of and amounts of waste generated, transported, stored, treated or disposed, and resource recovery.7\n\nRequire any person who generates, collects, transports, stores or provides treatment or disposal of a hazardous waste to maintain records, manifests and reporting systems required pursuant to federal statute or regulation.8\n\nDesignate, in accordance with criteria and listings identified under federal statute or regulation, classes, types or lists of waste that it deems to be hazardous.9\n\nConsult and coordinate with the heads of appropriate state and federal agencies, independent regulatory agencies and other governmental instrumentalities for the purpose of achieving maximum effectiveness and enforcement of this chapter while imposing the least burden of duplicative requirements on those persons subject to the provisions of this chapter.10\n\nApply for federal funds and transmit such funds to appropriate persons.11\n\nPromulgate and enforce regulations, and provide for reasonable variances and exemptions necessary to carry out its powers and duties and the intent of this chapter and the federal acts, except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable.12\n\nSubject to the approval of the Governor, acquire by purchase, exercise of the right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, grant, gift, devise or otherwise, the fee simple title to any lands, selected in the discretion of the Board as constituting necessary and appropriate sites to be used for the management of hazardous waste as defined in this chapter, including lands adjacent to the site as the Board may deem necessary or suitable for restricted areas. In all instances the Board shall dedicate lands so acquired in perpetuity to such purposes. In its selection of a site pursuant to this subdivision, the Board shall consider the appropriateness of any state-owned property for a disposal site in accordance with the criteria for selection of a hazardous waste management site.13\n\nAssume responsibility for the perpetual custody and maintenance of any hazardous waste management facilities.14\n\nCollect, from any person operating or using a hazardous waste management facility, fees sufficient to finance such perpetual custody and maintenance due to that facility as may be necessary. All fees received by the Board pursuant to this subdivision shall be used exclusively to satisfy the responsibilities assumed by the Board for the perpetual custody and maintenance of hazardous waste management facilities.\n\t\t\t15a. Collect, from any person operating or proposing to operate a hazardous waste treatment, storage or disposal facility or any person transporting hazardous waste, permit fees sufficient to defray only costs related to the issuance of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to implement this subdivision. All fees received by the Board pursuant to this subdivision shall be used exclusively for the hazardous waste management program set forth herein.\n\t\t\t15b. Collect fees from large quantity generators of hazardous wastes.16\n\nCollect, from any person operating or proposing to operate a sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste: (i) permit application fees sufficient to defray only costs related to the issuance, reissuance, amendment or modification of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to issue, reissue, amend or modify such permits and (ii) annual fees established pursuant to § 10.1-1402.1:1. All such fees received by the Board shall be used exclusively for the solid waste management program set forth herein. The Board shall establish a schedule of fees by regulation as provided in §§ 10.1-1402.1, 10.1-1402.2 and 10.1-1402.3.17\n\nIssue, deny, amend and revoke certification of site suitability for hazardous waste facilities in accordance with this chapter.18\n\nMake separate orders and regulations it deems necessary to meet any emergency to protect public health, natural resources and the environment from the release or imminent threat of release of waste.19\n\nTake actions to contain or clean up any site or to issue orders to require cleanup of any site where (i) solid or hazardous waste, or another substance within the jurisdiction of the Board, has been improperly managed or (ii) an open dump has been created, and to institute legal proceedings to recover the costs of the containment or clean-up activities from any responsible party. Such responsible party shall include any party, including the owner or operator or any other person, who caused the site to become an open dump or who caused or arranged for the improper management of such solid or hazardous waste or other substance within the jurisdiction of the Board.20\n\nCollect, hold, manage and disburse funds received for violations of solid and hazardous waste laws and regulations or court orders pertaining thereto pursuant to subdivision 19 of this section for the purpose of responding to solid or hazardous waste incidents and clean-up of sites that have been improperly managed, including sites eligible for a joint federal and state remedial project under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, as amended by the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, and for investigations to identify parties responsible for such mismanagement.21\n\nAbate hazards and nuisances dangerous to public health, safety or the environment, both emergency and otherwise, created by the improper disposal, treatment, storage, transportation or management of substances within the jurisdiction of the Board.22\n\nNotwithstanding any other provision of law to the contrary, regulate the management of mixed radioactive waste.23\n\n[Expired.]","order_by":null,"text":{"0":{"id":296247,"text":"The Board shall carry out the purposes and provisions of this chapter and compatible provisions of federal acts and is authorized to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":296248,"text":"Supervise and control waste management activities in the Commonwealth.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":296249,"text":"Consult, advise and coordinate with the Governor, the Secretary, the General Assembly, and other state and federal agencies for the purpose of implementing this chapter and the federal acts.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":296250,"text":"Provide technical assistance and advice concerning all aspects of waste management.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":296251,"text":"Develop and keep current state waste management plans and provide technical assistance, advice and other aid for the development and implementation of local and regional waste management plans.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":296252,"text":"Promote the development of resource conservation and resource recovery systems and provide technical assistance and advice on resource conservation, resource recovery and resource recovery systems.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":296253,"text":"Collect data necessary to conduct the state waste programs, including data on the identification of and amounts of waste generated, transported, stored, treated or disposed, and resource recovery.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":296254,"text":"Require any person who generates, collects, transports, stores or provides treatment or disposal of a hazardous waste to maintain records, manifests and reporting systems required pursuant to federal statute or regulation.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":296255,"text":"Designate, in accordance with criteria and listings identified under federal statute or regulation, classes, types or lists of waste that it deems to be hazardous.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":296256,"text":"Consult and coordinate with the heads of appropriate state and federal agencies, independent regulatory agencies and other governmental instrumentalities for the purpose of achieving maximum effectiveness and enforcement of this chapter while imposing the least burden of duplicative requirements on those persons subject to the provisions of this chapter.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":296257,"text":"Apply for federal funds and transmit such funds to appropriate persons.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":296258,"text":"Promulgate and enforce regulations, and provide for reasonable variances and exemptions necessary to carry out its powers and duties and the intent of this chapter and the federal acts, except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":296259,"text":"Subject to the approval of the Governor, acquire by purchase, exercise of the right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, grant, gift, devise or otherwise, the fee simple title to any lands, selected in the discretion of the Board as constituting necessary and appropriate sites to be used for the management of hazardous waste as defined in this chapter, including lands adjacent to the site as the Board may deem necessary or suitable for restricted areas. In all instances the Board shall dedicate lands so acquired in perpetuity to such purposes. In its selection of a site pursuant to this subdivision, the Board shall consider the appropriateness of any state-owned property for a disposal site in accordance with the criteria for selection of a hazardous waste management site.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":296260,"text":"Assume responsibility for the perpetual custody and maintenance of any hazardous waste management facilities.","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":296261,"text":"Collect, from any person operating or using a hazardous waste management facility, fees sufficient to finance such perpetual custody and maintenance due to that facility as may be necessary. All fees received by the Board pursuant to this subdivision shall be used exclusively to satisfy the responsibilities assumed by the Board for the perpetual custody and maintenance of hazardous waste management facilities.\n\t\t\t15a. Collect, from any person operating or proposing to operate a hazardous waste treatment, storage or disposal facility or any person transporting hazardous waste, permit fees sufficient to defray only costs related to the issuance of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to implement this subdivision. All fees received by the Board pursuant to this subdivision shall be used exclusively for the hazardous waste management program set forth herein.\n\t\t\t15b. Collect fees from large quantity generators of hazardous wastes.","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"16"},"15":{"id":296262,"text":"Collect, from any person operating or proposing to operate a sanitary landfill or other facility for the disposal, treatment or storage of nonhazardous solid waste: (i) permit application fees sufficient to defray only costs related to the issuance, reissuance, amendment or modification of permits as required in this chapter in accordance with Board regulations, but such fees shall not exceed costs necessary to issue, reissue, amend or modify such permits and (ii) annual fees established pursuant to § 10.1-1402.1:1. All such fees received by the Board shall be used exclusively for the solid waste management program set forth herein. The Board shall establish a schedule of fees by regulation as provided in §§ 10.1-1402.1, 10.1-1402.2 and 10.1-1402.3.","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"14","next_prefix":"17"},"16":{"id":296263,"text":"Issue, deny, amend and revoke certification of site suitability for hazardous waste facilities in accordance with this chapter.","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"17":{"id":296264,"text":"Make separate orders and regulations it deems necessary to meet any emergency to protect public health, natural resources and the environment from the release or imminent threat of release of waste.","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"18":{"id":296265,"text":"Take actions to contain or clean up any site or to issue orders to require cleanup of any site where (i) solid or hazardous waste, or another substance within the jurisdiction of the Board, has been improperly managed or (ii) an open dump has been created, and to institute legal proceedings to recover the costs of the containment or clean-up activities from any responsible party. Such responsible party shall include any party, including the owner or operator or any other person, who caused the site to become an open dump or who caused or arranged for the improper management of such solid or hazardous waste or other substance within the jurisdiction of the Board.","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"19":{"id":296266,"text":"Collect, hold, manage and disburse funds received for violations of solid and hazardous waste laws and regulations or court orders pertaining thereto pursuant to subdivision 19 of this section for the purpose of responding to solid or hazardous waste incidents and clean-up of sites that have been improperly managed, including sites eligible for a joint federal and state remedial project under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, as amended by the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, and for investigations to identify parties responsible for such mismanagement.","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"20":{"id":296267,"text":"Abate hazards and nuisances dangerous to public health, safety or the environment, both emergency and otherwise, created by the improper disposal, treatment, storage, transportation or management of substances within the jurisdiction of the Board.","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20","next_prefix":"22"},"21":{"id":296268,"text":"Notwithstanding any other provision of law to the contrary, regulate the management of mixed radioactive waste.","type":"section","prefixes":["22"],"prefix":"22","entire_prefix":"22","prefix_anchor":"22","level":1,"prior_prefix":"21","next_prefix":"23"},"22":{"id":296269,"text":"[Expired.]","type":"section","prefixes":["23"],"prefix":"23","entire_prefix":"23","prefix_anchor":"23","level":1,"prior_prefix":"22"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1402\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapters 492 and 566 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 1986 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1987, chapter 122; in 1988, chapters 117 and 891; in 1990, chapters 499 and 919; in 1991, chapter 718; in 1992, chapter 853; in 1993, chapter 456; in 2003, chapter 940<\/a>; in 2004, chapters 249<\/a> and 324<\/a>; in 2006, chapters 16<\/a> and 163<\/a>; in 2020, chapter 621<\/a>.<\/p>","references":[{"id":54524,"section_number":"10.1-1187.6","catch_line":"Approval of alternate compliance methods","order_by":null,"url":"\/10.1-1187.6\/"},{"id":79856,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","order_by":null,"url":"\/10.1-1402.1\/"},{"id":80557,"section_number":"10.1-1402.2","catch_line":"Permit Program Fund established; use of moneys","order_by":null,"url":"\/10.1-1402.2\/"},{"id":64275,"section_number":"10.1-1406","catch_line":"Exemptions from liability; expedited settlements","order_by":null,"url":"\/10.1-1406\/"},{"id":53974,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","order_by":null,"url":"\/10.1-1409\/"},{"id":64746,"section_number":"55.1-2417","catch_line":"Escheat of property with hazardous materials","order_by":null,"url":"\/55.1-2417\/"}],"refers_to":[{"id":79856,"section_number":"10.1-1402.1","catch_line":"Permit fee regulations","order_by":null,"url":"\/10.1-1402.1\/"},{"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":80557,"section_number":"10.1-1402.2","catch_line":"Permit Program Fund established; use of moneys","order_by":null,"url":"\/10.1-1402.2\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"}],"permalink":{"id":145903,"object_type":"law","relational_id":82696,"identifier":"10.1-1402","token":"10.1\/II\/14\/1\/10.1-1402","url":"\/10.1-1402\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1402\/","token":"10.1\/II\/14\/1\/10.1-1402","dublin_core":{"Title":"Powers and duties of the Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1402","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> shall carry out the purposes and provisions of this chapter and compatible provisions of federal acts<\/span> and is authorized to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Supervise and control waste management<\/span> activities in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Consult, advise and coordinate with the Governor, the Secretary, the General Assembly, and other state and federal agencies for the purpose of implementing this chapter and the federal acts<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide technical assistance and advice concerning all aspects of waste management<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Develop and keep current state waste management<\/span> plans and provide technical assistance, advice and other aid for the development and implementation of local and regional waste management<\/span> plans. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Promote the development of resource conservation<\/span> and resource recovery systems<\/span> and provide technical assistance and advice on resource conservation<\/span>, resource recovery and resource recovery systems<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Collect data necessary to conduct the state waste programs, including data on the identification of and amounts of waste generated, transported, stored, treated or disposed, and resource recovery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Require any person<\/span> who generates, collects, transports<\/span>, stores or provides treatment<\/span> or disposal<\/span> of a hazardous waste<\/span> to maintain records, manifests<\/span> and reporting systems required pursuant to federal statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Designate, in accordance with criteria and listings identified under federal statute<\/span> or regulation, classes, types or lists of waste that it deems to be hazardous. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Consult and coordinate with the heads of appropriate state and federal agencies, independent regulatory agencies and other governmental instrumentalities for the purpose of achieving maximum effectiveness and enforcement of this chapter while imposing the least burden of duplicative requirements on those persons<\/span> subject to the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Apply for federal funds and transmit such funds to appropriate persons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Promulgate and enforce regulations, and provide for reasonable variances and exemptions necessary to carry out its powers and duties and the intent<\/span> of this chapter and the federal acts<\/span>, except that a description of provisions of any proposed regulation which are more restrictive than applicable federal requirements, together with the reason why the more restrictive provisions are needed, shall be provided to the standing committee of each house of the General Assembly to which matters relating to the content of the regulation are most properly referable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Subject to the approval of the Governor, acquire by purchase, exercise of the right of eminent domain as provided in Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1, grant, gift, devise or otherwise, the fee simple title to any lands, selected in the discretion of the Board<\/span> as constituting necessary and appropriate sites to be used for the management of hazardous waste<\/span> as defined in this chapter, including lands adjacent to the site as the Board<\/span> may deem necessary or suitable for restricted areas. In all instances the Board<\/span> shall dedicate lands so acquired in perpetuity to such purposes. In its selection of a site pursuant to this subdivision, the Board<\/span> shall consider the appropriateness of any state-owned property for a disposal<\/span> site in accordance with the criteria for selection of a hazardous waste management<\/span> site. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Assume responsibility for the perpetual custody<\/span> and maintenance of any hazardous waste management<\/span> facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Collect, from any person<\/span> operating or using a hazardous waste management<\/span> facility, fees sufficient to finance such perpetual custody<\/span> and maintenance due to that facility as may be necessary. All fees received by the Board<\/span> pursuant to this subdivision shall be used exclusively to satisfy the responsibilities assumed by the Board<\/span> for the perpetual custody<\/span> and maintenance of hazardous waste management<\/span> facilities.\n\t\t\t15a. Collect, from any person<\/span> operating or proposing to operate a hazardous waste<\/span> treatment<\/span>, storage or disposal<\/span> facility or any person<\/span> transporting hazardous waste<\/span>, permit fees sufficient to defray only costs related to the issuance of permits as required in this chapter in accordance with Board<\/span> regulations, but such fees shall not exceed costs necessary to implement this subdivision. All fees received by the Board<\/span> pursuant to this subdivision shall be used exclusively for the hazardous waste management<\/span> program set forth herein.\n\t\t\t15b. Collect fees from large quantity generators of hazardous wastes<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Collect, from any person<\/span> operating or proposing to operate a sanitary landfill<\/span> or other facility for the disposal<\/span>, treatment<\/span> or storage of nonhazardous solid waste<\/span>: (i) permit application fees sufficient to defray only costs related to the issuance, reissuance, amendment or modification of permits as required in this chapter in accordance with Board<\/span> regulations, but such fees shall not exceed costs necessary to issue<\/span>, reissue, amend<\/span> or modify such permits and (ii) annual fees established pursuant to § 10.1-1402.1:1<\/a>. All such fees received by the Board<\/span> shall be used exclusively for the solid waste management<\/span> program set forth herein. The Board<\/span> shall establish a schedule of fees by regulation as provided in §§ 10.1-1402.1<\/a>, 10.1-1402.2<\/a> and 10.1-1402.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Issue<\/span>, deny, amend<\/span> and revoke certification of site suitability for hazardous waste<\/span> facilities in accordance with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Make separate orders<\/span> and regulations it deems necessary to meet any emergency to protect public health, natural resources and the environment from the release or imminent threat of release of waste. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Take actions to contain or clean up any site or to issue<\/span> orders<\/span> to require cleanup of any site where (i) solid or hazardous waste<\/span>, or another substance within the jurisdiction<\/span> of the Board<\/span>, has been improperly managed or (ii) an open dump<\/span> has been created, and to institute legal proceedings to recover the costs of the containment or clean-up activities from any responsible party<\/span>. Such responsible party<\/span> shall include any party<\/span>, including the owner or operator or any other person<\/span>, who caused the site to become an open dump<\/span> or who caused or arranged for the improper management of such solid or hazardous waste<\/span> or other substance within the jurisdiction<\/span> of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Collect, hold, manage and disburse funds received for violations of solid and hazardous waste<\/span> laws<\/span> and regulations or court orders<\/span> pertaining thereto pursuant to subdivision 19 of this section for the purpose of responding to solid or hazardous waste<\/span> incidents and clean-up of sites that have been improperly managed, including sites eligible for a joint federal and state remedial project under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law<\/span> 96-510, as amended by the Superfund Amendments and Reauthorization Act of 1986, Public Law<\/span> 99-499, and for investigations to identify parties responsible for such mismanagement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Abate hazards and nuisances dangerous to public health, safety or the environment, both emergency and otherwise, created by the improper disposal<\/span>, treatment<\/span>, storage, transportation<\/span> or management of substances within the jurisdiction<\/span> of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Notwithstanding any other provision of law<\/span> to the contrary, regulate the management of mixed radioactive waste<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> [Expired.] <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE BOARD (\u00a7 10.1-1402)\n\nThe Board shall carry out the purposes and provisions of this chapter and\ncompatible provisions of federal acts and is authorized to:\n\n1. Supervise and control waste management activities in the Commonwealth.\n\n2. Consult, advise and coordinate with the Governor, the Secretary, the General\nAssembly, and other state and federal agencies for the purpose of implementing\nthis chapter and the federal acts.\n\n3. Provide technical assistance and advice concerning all aspects of waste\nmanagement.\n\n4. Develop and keep current state waste management plans and provide technical\nassistance, advice and other aid for the development and implementation of local\nand regional waste management plans.\n\n5. Promote the development of resource conservation and resource recovery\nsystems and provide technical assistance and advice on resource conservation,\nresource recovery and resource recovery systems.\n\n6. Collect data necessary to conduct the state waste programs, including data on\nthe identification of and amounts of waste generated, transported, stored,\ntreated or disposed, and resource recovery.\n\n7. Require any person who generates, collects, transports, stores or provides\ntreatment or disposal of a hazardous waste to maintain records, manifests and\nreporting systems required pursuant to federal statute or regulation.\n\n8. Designate, in accordance with criteria and listings identified under federal\nstatute or regulation, classes, types or lists of waste that it deems to be\nhazardous.\n\n9. Consult and coordinate with the heads of appropriate state and federal\nagencies, independent regulatory agencies and other governmental\ninstrumentalities for the purpose of achieving maximum effectiveness and\nenforcement of this chapter while imposing the least burden of duplicative\nrequirements on those persons subject to the provisions of this chapter.\n\n10. Apply for federal funds and transmit such funds to appropriate persons.\n\n11. Promulgate and enforce regulations, and provide for reasonable variances and\nexemptions necessary to carry out its powers and duties and the intent of this\nchapter and the federal acts, except that a description of provisions of any\nproposed regulation which are more restrictive than applicable federal\nrequirements, together with the reason why the more restrictive provisions are\nneeded, shall be provided to the standing committee of each house of the General\nAssembly to which matters relating to the content of the regulation are most\nproperly referable.\n\n12. Subject to the approval of the Governor, acquire by purchase, exercise of\nthe right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.)\nof Title 25.1, grant, gift, devise or otherwise, the fee simple title to any\nlands, selected in the discretion of the Board as constituting necessary and\nappropriate sites to be used for the management of hazardous waste as defined in\nthis chapter, including lands adjacent to the site as the Board may deem\nnecessary or suitable for restricted areas. In all instances the Board shall\ndedicate lands so acquired in perpetuity to such purposes. In its selection of a\nsite pursuant to this subdivision, the Board shall consider the appropriateness\nof any state-owned property for a disposal site in accordance with the criteria\nfor selection of a hazardous waste management site.\n\n13. Assume responsibility for the perpetual custody and maintenance of any\nhazardous waste management facilities.\n\n14. Collect, from any person operating or using a hazardous waste management\nfacility, fees sufficient to finance such perpetual custody and maintenance due\nto that facility as may be necessary. All fees received by the Board pursuant to\nthis subdivision shall be used exclusively to satisfy the responsibilities\nassumed by the Board for the perpetual custody and maintenance of hazardous\nwaste management facilities.\n\t\t\t15a. Collect, from any person operating or proposing to operate a hazardous\nwaste treatment, storage or disposal facility or any person transporting\nhazardous waste, permit fees sufficient to defray only costs related to the\nissuance of permits as required in this chapter in accordance with Board\nregulations, but such fees shall not exceed costs necessary to implement this\nsubdivision. All fees received by the Board pursuant to this subdivision shall\nbe used exclusively for the hazardous waste management program set forth herein.\n\t\t\t15b. Collect fees from large quantity generators of hazardous wastes.\n\n16. Collect, from any person operating or proposing to operate a sanitary\nlandfill or other facility for the disposal, treatment or storage of\nnonhazardous solid waste: (i) permit application fees sufficient to defray only\ncosts related to the issuance, reissuance, amendment or modification of permits\nas required in this chapter in accordance with Board regulations, but such fees\nshall not exceed costs necessary to issue, reissue, amend or modify such permits\nand (ii) annual fees established pursuant to § 10.1-1402.1:1. All such fees\nreceived by the Board shall be used exclusively for the solid waste management\nprogram set forth herein. The Board shall establish a schedule of fees by\nregulation as provided in §§ 10.1-1402.1, 10.1-1402.2 and 10.1-1402.3.\n\n17. Issue, deny, amend and revoke certification of site suitability for\nhazardous waste facilities in accordance with this chapter.\n\n18. Make separate orders and regulations it deems necessary to meet any\nemergency to protect public health, natural resources and the environment from\nthe release or imminent threat of release of waste.\n\n19. Take actions to contain or clean up any site or to issue orders to require\ncleanup of any site where (i) solid or hazardous waste, or another substance\nwithin the jurisdiction of the Board, has been improperly managed or (ii) an\nopen dump has been created, and to institute legal proceedings to recover the\ncosts of the containment or clean-up activities from any responsible party. Such\nresponsible party shall include any party, including the owner or operator or\nany other person, who caused the site to become an open dump or who caused or\narranged for the improper management of such solid or hazardous waste or other\nsubstance within the jurisdiction of the Board.\n\n20. Collect, hold, manage and disburse funds received for violations of solid\nand hazardous waste laws and regulations or court orders pertaining thereto\npursuant to subdivision 19 of this section for the purpose of responding to\nsolid or hazardous waste incidents and clean-up of sites that have been\nimproperly managed, including sites eligible for a joint federal and state\nremedial project under the federal Comprehensive Environmental Response,\nCompensation, and Liability Act of 1980, Public Law 96-510, as amended by the\nSuperfund Amendments and Reauthorization Act of 1986, Public Law 99-499, and for\ninvestigations to identify parties responsible for such mismanagement.\n\n21. Abate hazards and nuisances dangerous to public health, safety or the\nenvironment, both emergency and otherwise, created by the improper disposal,\ntreatment, storage, transportation or management of substances within the\njurisdiction of the Board.\n\n22. Notwithstanding any other provision of law to the contrary, regulate the\nmanagement of mixed radioactive waste.\n\n23. [Expired.]\n\nHISTORY: 1986, cc. 492, 566, \u00a7 10-266; 1987, c. 122; 1988, cc. 117, 891; 1990,\ncc. 499, 919; 1991, c. 718; 1992, c. 853; 1993, c. 456; 2003, c. 940; 2004, cc.\n249, 324; 2006, cc. 16, 163; 2020, c. 621.","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}}