{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1408.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1408.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1408.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1408.4.html"}],"law_id":71822,"edition_id":1,"section_id":71822,"structure_id":12812,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","history":"1999, cc. 584, 613, 947; 2001, c. 767; 2003, c. 834; 2005, c. 920.","full_text":"A\n\nBefore granting a permit which approves site suitability for a new municipal solid waste landfill, the Director shall determine, in writing, that the site on which the landfill is to be constructed is suitable for the construction and operation of such a landfill. In making his determination, the Director shall consider and address, in addition to such others as he deems appropriate, the following factors:1\n\nBased on a written, site-specific report prepared by the Virginia Department of Transportation, the adequacy of transportation facilities that will be available to serve the landfill, including the impact of the landfill on local traffic volume, road congestion, and highway safety;2\n\nThe potential impact of the proposed landfill on parks and recreational areas, public water supplies, marine resources, wetlands, historic sites, fish and wildlife, water quality, and tourism; and3\n\nThe geologic suitability of the proposed site, including proximity to areas of seismic activity and karst topography.\n\t\t\t\tThe applicant shall provide such information on these factors as the Director may request.B\n\nIn addition to such other types of locations as may be determined by the Board, no new municipal solid waste landfill shall be constructed:1\n\nIn a 100-year flood plain;2\n\nIn any tidal wetland or nontidal wetland contiguous to any surface water body, except in accordance with § 10.1-1408.5;3\n\nWithin three miles upgradient of any existing surface or groundwater public water supply intake or reservoir. However, a new municipal solid waste landfill may be constructed within a closer distance but no closer than one mile from any existing surface or groundwater public water supply intake or reservoir if: (i) the proposed landfill would meet all of the other requirements of this chapter and subtitle D of the federal Resource Conservation and Recovery Act, including alternative liner systems approved in accordance with that Act; (ii) the permit requires that groundwater protection standards be established and approved by the Director prior to the receipt of waste; (iii) the permit requires installation of at least two synthetic liners under the waste disposal areas and requires leachate collection systems to be installed above and below the uppermost liner; (iv) the permit requires all groundwater monitoring wells located within the facility’s boundary and between the landfill and any water supply intake to be sampled quarterly and the results reported to the Department within 15 days of the owner or operator receiving the laboratory analysis; and (v) the proposed landfill meets any other conditions deemed necessary by the Director, in consultation with the Commissioner of Health, to protect against groundwater and surface water contamination. In the Counties of Mecklenburg and Halifax, a new municipal solid waste landfill may be exempt from the provisions of this subdivision and may be constructed within a shorter distance from an existing surface or groundwater public water supply intake or reservoir if the Director determines that such distance would not be detrimental to human health and the environment;4\n\nIn any area vulnerable to flooding resulting from dam failures;5\n\nOver a sinkhole or less than 100 feet above a solution cavern associated with karst topography;6\n\nIn any park or recreational area, wildlife management area or area designated by any federal or state agency as the critical habitat of any endangered species; or7\n\nOver an active fault.C\n\nThere shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to public water supplies, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.","order_by":null,"text":{"0":{"id":258747,"text":"Before granting a permit which approves site suitability for a new municipal solid waste landfill, the Director shall determine, in writing, that the site on which the landfill is to be constructed is suitable for the construction and operation of such a landfill. In making his determination, the Director shall consider and address, in addition to such others as he deems appropriate, the following factors:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258748,"text":"Based on a written, site-specific report prepared by the Virginia Department of Transportation, the adequacy of transportation facilities that will be available to serve the landfill, including the impact of the landfill on local traffic volume, road congestion, and highway safety;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258749,"text":"The potential impact of the proposed landfill on parks and recreational areas, public water supplies, marine resources, wetlands, historic sites, fish and wildlife, water quality, and tourism; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":258750,"text":"The geologic suitability of the proposed site, including proximity to areas of seismic activity and karst topography.\n\t\t\t\tThe applicant shall provide such information on these factors as the Director may request.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":258751,"text":"In addition to such other types of locations as may be determined by the Board, no new municipal solid waste landfill shall be constructed:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"B1"},"5":{"id":258752,"text":"In a 100-year flood plain;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"6":{"id":258753,"text":"In any tidal wetland or nontidal wetland contiguous to any surface water body, except in accordance with § 10.1-1408.5;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"7":{"id":258754,"text":"Within three miles upgradient of any existing surface or groundwater public water supply intake or reservoir. However, a new municipal solid waste landfill may be constructed within a closer distance but no closer than one mile from any existing surface or groundwater public water supply intake or reservoir if: (i) the proposed landfill would meet all of the other requirements of this chapter and subtitle D of the federal Resource Conservation and Recovery Act, including alternative liner systems approved in accordance with that Act; (ii) the permit requires that groundwater protection standards be established and approved by the Director prior to the receipt of waste; (iii) the permit requires installation of at least two synthetic liners under the waste disposal areas and requires leachate collection systems to be installed above and below the uppermost liner; (iv) the permit requires all groundwater monitoring wells located within the facility’s boundary and between the landfill and any water supply intake to be sampled quarterly and the results reported to the Department within 15 days of the owner or operator receiving the laboratory analysis; and (v) the proposed landfill meets any other conditions deemed necessary by the Director, in consultation with the Commissioner of Health, to protect against groundwater and surface water contamination. In the Counties of Mecklenburg and Halifax, a new municipal solid waste landfill may be exempt from the provisions of this subdivision and may be constructed within a shorter distance from an existing surface or groundwater public water supply intake or reservoir if the Director determines that such distance would not be detrimental to human health and the environment;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"8":{"id":258755,"text":"In any area vulnerable to flooding resulting from dam failures;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"9":{"id":258756,"text":"Over a sinkhole or less than 100 feet above a solution cavern associated with karst topography;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"10":{"id":258757,"text":"In any park or recreational area, wildlife management area or area designated by any federal or state agency as the critical habitat of any endangered species; or","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"11":{"id":258758,"text":"Over an active fault.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"C"},"12":{"id":258759,"text":"There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department an assessment of the potential impact to public water supplies, the need for the exemption, and the alternatives considered and (ii) the Department has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B7"}},"ancestry":[{"id":12812,"edition_id":1,"name":"Solid Waste Management","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145975,"object_type":"structure","relational_id":12812,"identifier":"2","token":"10.1\/II\/14\/2","url":"\/10.1\/II\/14\/2\/","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":59261,"structure_id":12812,"section_number":"10.1-1408","catch_line":"Repealed","url":"\/10.1-1408\/","token":"10.1\/II\/14\/2\/10.1-1408","metadata":false},{"id":83474,"structure_id":12812,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","url":"\/10.1-1408.1\/","token":"10.1\/II\/14\/2\/10.1-1408.1","metadata":false},{"id":64357,"structure_id":12812,"section_number":"10.1-1408.2","catch_line":"Certification and on-site presence of facility operator","url":"\/10.1-1408.2\/","token":"10.1\/II\/14\/2\/10.1-1408.2","metadata":false},{"id":73992,"structure_id":12812,"section_number":"10.1-1408.3","catch_line":"Repealed","url":"\/10.1-1408.3\/","token":"10.1\/II\/14\/2\/10.1-1408.3","metadata":false},{"id":71822,"structure_id":12812,"section_number":"10.1-1408.4","catch_line":"Landfill siting review","url":"\/10.1-1408.4\/","token":"10.1\/II\/14\/2\/10.1-1408.4","metadata":false},{"id":54478,"structure_id":12812,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","url":"\/10.1-1408.5\/","token":"10.1\/II\/14\/2\/10.1-1408.5","metadata":false},{"id":53974,"structure_id":12812,"section_number":"10.1-1409","catch_line":"Revocation or amendment of permits","url":"\/10.1-1409\/","token":"10.1\/II\/14\/2\/10.1-1409","metadata":false},{"id":54905,"structure_id":12812,"section_number":"10.1-1410","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1410\/","token":"10.1\/II\/14\/2\/10.1-1410","metadata":false},{"id":57499,"structure_id":12812,"section_number":"10.1-1410.1","catch_line":"Sanitary landfill final closure plans; notification requirements","url":"\/10.1-1410.1\/","token":"10.1\/II\/14\/2\/10.1-1410.1","metadata":false},{"id":82267,"structure_id":12812,"section_number":"10.1-1410.2","catch_line":"Landfill postclosure monitoring, maintenance and plans","url":"\/10.1-1410.2\/","token":"10.1\/II\/14\/2\/10.1-1410.2","metadata":false},{"id":56655,"structure_id":12812,"section_number":"10.1-1410.3","catch_line":"Operating burn pits at closed landfills","url":"\/10.1-1410.3\/","token":"10.1\/II\/14\/2\/10.1-1410.3","metadata":false},{"id":65506,"structure_id":12812,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","url":"\/10.1-1411\/","token":"10.1\/II\/14\/2\/10.1-1411","metadata":false},{"id":73589,"structure_id":12812,"section_number":"10.1-1412","catch_line":"Contracts by counties, cities and towns","url":"\/10.1-1412\/","token":"10.1\/II\/14\/2\/10.1-1412","metadata":false},{"id":63196,"structure_id":12812,"section_number":"10.1-1413","catch_line":"State aid to localities for solid waste disposal","url":"\/10.1-1413\/","token":"10.1\/II\/14\/2\/10.1-1413","metadata":false},{"id":57148,"structure_id":12812,"section_number":"10.1-1413.1","catch_line":"Waste information and assessment program","url":"\/10.1-1413.1\/","token":"10.1\/II\/14\/2\/10.1-1413.1","metadata":false}],"previous_section":{"id":73992,"structure_id":12812,"section_number":"10.1-1408.3","catch_line":"Repealed","url":"\/10.1-1408.3\/","token":"10.1\/II\/14\/2\/10.1-1408.3","metadata":false},"next_section":{"id":54478,"structure_id":12812,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","url":"\/10.1-1408.5\/","token":"10.1\/II\/14\/2\/10.1-1408.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1408.4\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 584<\/a>, 613<\/a>, and 947<\/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 3 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 2001, chapter 767<\/a>; in 2003, chapter 834<\/a>; in 2005, chapter 920<\/a>.<\/p>","references":false,"refers_to":[{"id":54478,"section_number":"10.1-1408.5","catch_line":"Special provisions regarding wetlands","order_by":null,"url":"\/10.1-1408.5\/"}],"permalink":{"id":145993,"object_type":"law","relational_id":71822,"identifier":"10.1-1408.4","token":"10.1\/II\/14\/2\/10.1-1408.4","url":"\/10.1-1408.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1408.4\/","token":"10.1\/II\/14\/2\/10.1-1408.4","dublin_core":{"Title":"Landfill siting review","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1408.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Before granting a permit which approves site suitability for a new municipal solid waste<\/span> landfill, the Director<\/span> shall determine, in writing, that the site on which the landfill is to be constructed is suitable for the construction and operation of such a landfill. In making his determination, the Director<\/span> shall consider and address, in addition to such others as he deems appropriate, the following factors: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Based on a written, site-specific report prepared by the Virginia Department<\/span> of Transportation<\/span>, the adequacy of transportation<\/span> facilities that will be available to serve the landfill, including the impact of the landfill on local traffic volume, road congestion, and highway safety; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The potential impact of the proposed landfill on parks and recreational areas, public water supplies, marine resources, wetlands, historic sites, fish and wildlife, water quality, and tourism; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The geologic suitability of the proposed site, including proximity to areas of seismic activity and karst topography.\n\t\t\t\tThe applicant<\/span> shall provide such information on these factors as the Director<\/span> may request. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to such other types of locations as may be determined by the Board<\/span>, no new municipal solid waste<\/span> landfill shall be constructed: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In a 100-year flood plain; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In any tidal wetland or nontidal wetland contiguous to any surface water body, except in accordance with § 10.1-1408.5<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Within three miles upgradient of any existing surface or groundwater public water supply intake or reservoir. However, a new municipal solid waste<\/span> landfill may be constructed within a closer distance but no closer than one mile from any existing surface or groundwater public water supply intake or reservoir if: (i) the proposed landfill would meet all of the other requirements of this chapter and subtitle D of the federal Resource Conservation<\/span> and Recovery Act, including alternative liner systems approved in accordance with that Act; (ii) the permit requires that groundwater protection standards be established and approved by the Director<\/span> prior to the receipt of waste; (iii) the permit requires installation of at least two synthetic liners under the waste disposal<\/span> areas and requires leachate collection systems to be installed above and below the uppermost liner; (iv) the permit requires all groundwater monitoring wells located within the facility’s boundary and between the landfill and any water supply intake to be sampled quarterly and the results reported to the Department<\/span> within 15 days of the owner or operator receiving the laboratory analysis; and (v) the proposed landfill meets any other conditions deemed necessary by the Director<\/span>, in consultation with the Commissioner of Health, to protect against groundwater and surface water contamination. In the Counties of Mecklenburg and Halifax, a new municipal solid waste<\/span> landfill may be exempt from the provisions of this subdivision and may be constructed within a shorter distance from an existing surface or groundwater public water supply intake or reservoir if the Director<\/span> determines that such distance would not be detrimental to human health and the environment; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> In any area vulnerable to flooding resulting from dam failures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Over a sinkhole or less than 100 feet above a solution cavern associated with karst topography; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> In any park or recreational area, wildlife management area or area designated by any federal or state agency as the critical habitat of any endangered species; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Over an active fault. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> There shall be no additional exemptions granted from this section unless (i) the proponent has submitted to the Department<\/span> an assessment of the potential impact to public water supplies, the need for the exemption, and the alternatives considered and (ii) the Department<\/span> has made the information available for public review for at least 60 days prior to the first day of the next Regular Session of the General Assembly. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLANDFILL SITING REVIEW (\u00a7 10.1-1408.4)\n\nA. Before granting a permit which approves site suitability for a new municipal\nsolid waste landfill, the Director shall determine, in writing, that the site on\nwhich the landfill is to be constructed is suitable for the construction and\noperation of such a landfill. In making his determination, the Director shall\nconsider and address, in addition to such others as he deems appropriate, the\nfollowing factors:\n\n 1. Based on a written, site-specific report prepared by the Virginia\n Department of Transportation, the adequacy of transportation facilities that\n will be available to serve the landfill, including the impact of the landfill\n on local traffic volume, road congestion, and highway safety;\n\n 2. The potential impact of the proposed landfill on parks and recreational\n areas, public water supplies, marine resources, wetlands, historic sites, fish\n and wildlife, water quality, and tourism; and\n\n 3. The geologic suitability of the proposed site, including proximity to areas\n of seismic activity and karst topography.\n \t\t\t\tThe applicant shall provide such information on these factors as the\n Director may request.\n\nB. In addition to such other types of locations as may be determined by the\nBoard, no new municipal solid waste landfill shall be constructed:\n\n 1. In a 100-year flood plain;\n\n 2. In any tidal wetland or nontidal wetland contiguous to any surface water\n body, except in accordance with § 10.1-1408.5;\n\n 3. Within three miles upgradient of any existing surface or groundwater public\n water supply intake or reservoir. However, a new municipal solid waste\n landfill may be constructed within a closer distance but no closer than one\n mile from any existing surface or groundwater public water supply intake or\n reservoir if: (i) the proposed landfill would meet all of the other\n requirements of this chapter and subtitle D of the federal Resource\n Conservation and Recovery Act, including alternative liner systems approved in\n accordance with that Act; (ii) the permit requires that groundwater protection\n standards be established and approved by the Director prior to the receipt of\n waste; (iii) the permit requires installation of at least two synthetic liners\n under the waste disposal areas and requires leachate collection systems to be\n installed above and below the uppermost liner; (iv) the permit requires all\n groundwater monitoring wells located within the facility’s boundary and\n between the landfill and any water supply intake to be sampled quarterly and\n the results reported to the Department within 15 days of the owner or operator\n receiving the laboratory analysis; and (v) the proposed landfill meets any\n other conditions deemed necessary by the Director, in consultation with the\n Commissioner of Health, to protect against groundwater and surface water\n contamination. In the Counties of Mecklenburg and Halifax, a new municipal\n solid waste landfill may be exempt from the provisions of this subdivision and\n may be constructed within a shorter distance from an existing surface or\n groundwater public water supply intake or reservoir if the Director determines\n that such distance would not be detrimental to human health and the\n environment;\n\n 4. In any area vulnerable to flooding resulting from dam failures;\n\n 5. Over a sinkhole or less than 100 feet above a solution cavern associated\n with karst topography;\n\n 6. In any park or recreational area, wildlife management area or area\n designated by any federal or state agency as the critical habitat of any\n endangered species; or\n\n 7. Over an active fault.\n\nC. There shall be no additional exemptions granted from this section unless (i)\nthe proponent has submitted to the Department an assessment of the potential\nimpact to public water supplies, the need for the exemption, and the\nalternatives considered and (ii) the Department has made the information\navailable for public review for at least 60 days prior to the first day of the\nnext Regular Session of the General Assembly.\n\nHISTORY: 1999, cc. 584, 613, 947; 2001, c. 767; 2003, c. 834; 2005, c. 920.","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}}