{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1410.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1410.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1410.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1410.html"}],"law_id":54905,"edition_id":1,"section_id":54905,"structure_id":12812,"section_number":"10.1-1410","catch_line":"Financial responsibility for abandoned facilities; penalties","history":"1986, c. 492, \u00a7 10-273; 1987, cc. 258, 291; 1988, c. 891; 1991, c. 702; 1993, c. 837; 1995, c. 739; 2000, cc. 137, 138.","full_text":"A\n\nThe Board shall promulgate regulations which ensure that if a facility for the disposal, transfer, or treatment of solid waste is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person abandoning the facility. A facility that receives solid waste from a ship, barge or other vessel and is regulated under § 10.1-1454.1 shall be considered a transfer facility for the purposes of this subsection.B\n\nThe regulations may include provisions for bonding, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or such other mechanism as the Department may deem appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the solid waste, the cost of disposal of the solid waste and the cost of restoring the facility to a safe condition. Any bonding requirements shall include a provision authorizing the use of personal bonds or other similar surety deemed sufficient to provide the protections specified in subsection A upon a finding by the Director that commercial insurance or surety bond cannot be obtained in the voluntary market due to circumstances beyond the control of the permit holder. Any commercial insurance or surety obtained in the voluntary market shall be written by an insurer licensed pursuant to Chapter 10 (§ 38.2-1000 et seq.) of Title 38.2.C\n\nNo state governmental agency shall be required to comply with such regulations.D\n\nForfeiture of any financial obligation imposed pursuant to this section shall not relieve any holder of a permit issued pursuant to the provisions of this article of any other legal obligations for the consequences of abandonment of any facility.E\n\nAny funds forfeited prior to July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the county, city or town in which the abandoned facility is located. The county, city or town in which the facility is located shall expend forfeited funds as necessary to restore and maintain the facility in a safe condition.F\n\nAny funds forfeited on or after July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the Director. The Director shall then expend forfeited funds as necessary solely to restore and maintain the facility in a safe condition. Nothing in this section shall require the Director to expend funds from any other source to carry out the activities contemplated under this subsection.G\n\nAny person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\t\tAny person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.","order_by":null,"text":{"0":{"id":201426,"text":"The Board shall promulgate regulations which ensure that if a facility for the disposal, transfer, or treatment of solid waste is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person abandoning the facility. A facility that receives solid waste from a ship, barge or other vessel and is regulated under § 10.1-1454.1 shall be considered a transfer facility for the purposes of this subsection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":201427,"text":"The regulations may include provisions for bonding, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or such other mechanism as the Department may deem appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the solid waste, the cost of disposal of the solid waste and the cost of restoring the facility to a safe condition. Any bonding requirements shall include a provision authorizing the use of personal bonds or other similar surety deemed sufficient to provide the protections specified in subsection A upon a finding by the Director that commercial insurance or surety bond cannot be obtained in the voluntary market due to circumstances beyond the control of the permit holder. Any commercial insurance or surety obtained in the voluntary market shall be written by an insurer licensed pursuant to Chapter 10 (§ 38.2-1000 et seq.) of Title 38.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":201428,"text":"No state governmental agency shall be required to comply with such regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":201429,"text":"Forfeiture of any financial obligation imposed pursuant to this section shall not relieve any holder of a permit issued pursuant to the provisions of this article of any other legal obligations for the consequences of abandonment of any facility.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":201430,"text":"Any funds forfeited prior to July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the county, city or town in which the abandoned facility is located. The county, city or town in which the facility is located shall expend forfeited funds as necessary to restore and maintain the facility in a safe condition.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":201431,"text":"Any funds forfeited on or after July 1, 1995, pursuant to this section and the regulations of the Board shall be paid over to the Director. The Director shall then expend forfeited funds as necessary solely to restore and maintain the facility in a safe condition. Nothing in this section shall require the Director to expend funds from any other source to carry out the activities contemplated under this subsection.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":201432,"text":"Any person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\t\tAny person who knowingly and willfully abandons a solid waste management facility without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1410\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 492 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 6 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, chapters 258 and 291; in 1988, chapter 891; in 1991, chapter 702; in 1993, chapter 837; in 1995, chapter 739<\/a>; in 2000, chapters 137<\/a> and 138<\/a>.<\/p>","references":[{"id":84294,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","order_by":null,"url":"\/10.1-1309.1\/"},{"id":59552,"section_number":"10.1-1406.1","catch_line":"Access to abandoned waste sites","order_by":null,"url":"\/10.1-1406.1\/"},{"id":61958,"section_number":"62.1-44.15:1.1","catch_line":"Special orders; penalties","order_by":null,"url":"\/62.1-44.15_1.1\/"}],"refers_to":[{"id":68916,"section_number":"10.1-1454.1","catch_line":"Regulation of wastes transported by water","order_by":null,"url":"\/10.1-1454.1\/"},{"id":58285,"section_number":"38.2-1000","catch_line":"Incorporation of domestic stock insurers","order_by":null,"url":"\/38.2-1000\/"}],"permalink":{"id":146005,"object_type":"law","relational_id":54905,"identifier":"10.1-1410","token":"10.1\/II\/14\/2\/10.1-1410","url":"\/10.1-1410\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1410\/","token":"10.1\/II\/14\/2\/10.1-1410","dublin_core":{"Title":"Financial responsibility for abandoned facilities; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1410","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> shall promulgate regulations which ensure that if a facility for the disposal<\/span>, transfer, or treatment<\/span> of solid waste<\/span> is abandoned, the costs associated with protecting the public health and safety from the consequences of such abandonment may be recovered from the person<\/span> abandoning the facility. A facility that receives solid waste<\/span> from a ship, barge or other vessel and is regulated under § 10.1-1454.1<\/a> shall be considered a transfer facility for the purposes of this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The regulations may include provisions for bonding, the creation of a trust fund to be maintained within the Department<\/span>, self-insurance, other forms of commercial insurance, or such other mechanism as the Department<\/span> may deem appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the solid waste<\/span>, the cost of disposal<\/span> of the solid waste<\/span> and the cost of restoring the facility to a safe condition. Any bonding requirements shall include a provision authorizing the use of personal bonds<\/span> or other similar surety<\/span> deemed sufficient to provide the protections specified in subsection A upon a finding<\/span> by the Director<\/span> that commercial insurance or surety<\/span> bond<\/span> cannot be obtained in the voluntary market due to circumstances beyond the control of the permit holder. Any commercial insurance or surety<\/span> obtained in the voluntary market shall be written by an insurer licensed pursuant to Chapter 10 (§ 38.2-1000<\/a> et seq.) of Title 38.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No state governmental agency shall be required to comply with such regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Forfeiture of any financial obligation imposed pursuant to this section shall not relieve any holder of a permit issued pursuant to the provisions of this article of any other legal obligations for the consequences of abandonment of any facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any funds forfeited prior to July 1, 1995, pursuant to this section and the regulations of the Board<\/span> shall be paid over to the county, city or town in which the abandoned facility is located. The county, city or town in which the facility is located shall expend forfeited funds as necessary to restore and maintain the facility in a safe condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any funds forfeited on or after July 1, 1995, pursuant to this section and the regulations of the Board<\/span> shall be paid over to the Director<\/span>. The Director<\/span> shall then expend forfeited funds as necessary solely to restore and maintain the facility in a safe condition. Nothing in this section shall require the Director<\/span> to expend funds from any other source to carry out the activities contemplated under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any person<\/span> who knowingly and willfully abandons a solid waste management facility<\/span> without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be liable to the Commonwealth and any political subdivision for the costs incurred in abating, controlling, preventing, removing, or containing such harm or threat.\n\t\t\tAny person<\/span> who knowingly and willfully abandons a solid waste management facility<\/span> without proper closure or without providing adequate financial assurance instruments for such closure shall, if such failure to close results in a significant harm or an imminent and substantial threat of significant harm to human health or the environment, be guilty of a Class 4 felony<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINANCIAL RESPONSIBILITY FOR ABANDONED FACILITIES; PENALTIES (\u00a7 10.1-1410)\n\nA. The Board shall promulgate regulations which ensure that if a facility for\nthe disposal, transfer, or treatment of solid waste is abandoned, the costs\nassociated with protecting the public health and safety from the consequences of\nsuch abandonment may be recovered from the person abandoning the facility. A\nfacility that receives solid waste from a ship, barge or other vessel and is\nregulated under § 10.1-1454.1 shall be considered a transfer facility for\nthe purposes of this subsection.\n\nB. The regulations may include provisions for bonding, the creation of a trust\nfund to be maintained within the Department, self-insurance, other forms of\ncommercial insurance, or such other mechanism as the Department may deem\nappropriate. Regulations governing the amount thereof shall take into\nconsideration the potential for contamination and injury by the solid waste, the\ncost of disposal of the solid waste and the cost of restoring the facility to a\nsafe condition. Any bonding requirements shall include a provision authorizing\nthe use of personal bonds or other similar surety deemed sufficient to provide\nthe protections specified in subsection A upon a finding by the Director that\ncommercial insurance or surety bond cannot be obtained in the voluntary market\ndue to circumstances beyond the control of the permit holder. Any commercial\ninsurance or surety obtained in the voluntary market shall be written by an\ninsurer licensed pursuant to Chapter 10 (§ 38.2-1000 et seq.) of Title\n38.2.\n\nC. No state governmental agency shall be required to comply with such\nregulations.\n\nD. Forfeiture of any financial obligation imposed pursuant to this section shall\nnot relieve any holder of a permit issued pursuant to the provisions of this\narticle of any other legal obligations for the consequences of abandonment of\nany facility.\n\nE. Any funds forfeited prior to July 1, 1995, pursuant to this section and the\nregulations of the Board shall be paid over to the county, city or town in which\nthe abandoned facility is located. The county, city or town in which the\nfacility is located shall expend forfeited funds as necessary to restore and\nmaintain the facility in a safe condition.\n\nF. Any funds forfeited on or after July 1, 1995, pursuant to this section and\nthe regulations of the Board shall be paid over to the Director. The Director\nshall then expend forfeited funds as necessary solely to restore and maintain\nthe facility in a safe condition. Nothing in this section shall require the\nDirector to expend funds from any other source to carry out the activities\ncontemplated under this subsection.\n\nG. Any person who knowingly and willfully abandons a solid waste management\nfacility without proper closure or without providing adequate financial\nassurance instruments for such closure shall, if such failure to close results\nin a significant harm or an imminent and substantial threat of significant harm\nto human health or the environment, be liable to the Commonwealth and any\npolitical subdivision for the costs incurred in abating, controlling,\npreventing, removing, or containing such harm or threat.\n\t\t\tAny person who knowingly and willfully abandons a solid waste management\nfacility without proper closure or without providing adequate financial\nassurance instruments for such closure shall, if such failure to close results\nin a significant harm or an imminent and substantial threat of significant harm\nto human health or the environment, be guilty of a Class 4 felony.\n\nHISTORY: 1986, c. 492, \u00a7 10-273; 1987, cc. 258, 291; 1988, c. 891; 1991, c.\n702; 1993, c. 837; 1995, c. 739; 2000, cc. 137, 138.","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}}