{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1411.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1411.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1411.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1411.html"}],"law_id":65506,"edition_id":1,"section_id":65506,"structure_id":12812,"section_number":"10.1-1411","catch_line":"Regional and local solid waste management plans","history":"1986, c. 492, \u00a7 10-274; 1987, c. 249; 1988, c. 891; 1989, c. 440; 1990, cc. 574, 781; 1991, c. 237; 1995, c. 216; 1997, c. 495; 2006, cc. 7, 40; 2012, c. 834.","full_text":"A\n\nThe Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans.\n\t\t\tTo implement regional plans, the Governor may designate regional boundaries. The governing bodies of the counties, cities and towns within any region so designated shall be responsible for the development and implementation of a comprehensive regional solid waste management plan in cooperation with any planning district commission or commissions in the region. Where a county, city or town is not part of a regional plan, it shall develop and implement a local solid waste management plan in accordance with the Board’s regulations. For purposes of this section, each region or locality so designated shall constitute a solid waste planning unit.B\n\nThe Board’s regulations shall include all aspects of solid waste management including waste reduction, recycling and reuse, storage, treatment, and disposal and shall require that consideration be given to the handling of all types of nonhazardous solid waste generated in the region or locality. In promulgating such regulations, the Board shall consider urban concentrations, geographic conditions, markets, transportation conditions, and other appropriate factors and shall provide for reasonable variances and exemptions thereto, as well as variances or exemptions from the minimum recycling rates specified herein when market conditions beyond the control of a county, city, town, or region make such mandatory rates unreasonable.C\n\nThe Board’s regulations shall permit the following credits, provided that the aggregate of all such credits permitted shall not exceed five percentage points of the annual municipal solid waste recycling rate achieved for each solid waste planning unit:1\n\nA credit of one ton for each ton of recycling residue generated in Virginia and deposited in a landfill permitted under subsection M of § 10.1-1408.1;2\n\nA credit of two percentage points of the minimum recycling rate mandated for the solid waste planning unit for a source reduction program that is implemented with the solid waste planning unit. The existence and operation of such a program shall be certified by the solid waste planning unit;3\n\nA credit of one ton for each ton of any solid waste material that is reused; and4\n\nA credit of one ton for each ton of any nonmunicipal solid waste material that is recycled.D\n\nEach solid waste planning unit shall maintain a minimum recycling rate for municipal solid waste generated within the solid waste planning unit pursuant to the following schedule:1\n\nExcept as provided in subdivision 2, each solid waste planning unit shall maintain a minimum 25 percent recycling rate; or2\n\nEach solid waste planning unit shall maintain a minimum 15 percent recycling rate if it has (i) a population density rate of less than 100 persons per square mile according to the most recent United States Census, or (ii) a not seasonally adjusted civilian unemployment rate for the immediately preceding calendar year that is at least 50 percent greater than the state average as reported by the Virginia Employment Commission for such year.\n\t\t\t\tAfter July 1, 2007, no permit for a new sanitary landfill, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill, incinerator, or waste-to-energy facility shall be issued until the solid waste planning unit within which the facility is located has a solid waste management plan approved by the Board in accordance with the regulations, except as provided in this subsection. Failure to attain a mandated municipal solid waste recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management plan for the planning unit are in compliance with the regulations. The provisions of this subsection shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto.E\n\nEach solid waste planning unit or locality with a population of greater than 100,000 persons according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality annually. Each solid waste planning unit or locality with a population of 100,000 or less according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality once every four years. Recycling survey reports submitted once every four years shall only be required to include information for the most recent single year. The first reports submitted pursuant to this section shall be submitted by April 30, 2013, for the reporting year ending December 31, 2012.F\n\nIf a county levies a consumer utility tax and the ordinance provides that revenues derived from such source, to the extent necessary, be used for solid waste disposal, the county may charge a town or its residents, establishments and institutions an amount not to exceed their pro rata cost, based upon population for such solid waste management if the town levies a consumer utility tax. This shall not prohibit a county from charging for disposal of industrial or commercial waste on a county-wide basis, including that originating within the corporate limits of towns.","order_by":null,"text":{"0":{"id":238147,"text":"The Board is authorized to promulgate regulations specifying requirements for local and regional solid waste management plans.\n\t\t\tTo implement regional plans, the Governor may designate regional boundaries. The governing bodies of the counties, cities and towns within any region so designated shall be responsible for the development and implementation of a comprehensive regional solid waste management plan in cooperation with any planning district commission or commissions in the region. Where a county, city or town is not part of a regional plan, it shall develop and implement a local solid waste management plan in accordance with the Board’s regulations. For purposes of this section, each region or locality so designated shall constitute a solid waste planning unit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238148,"text":"The Board’s regulations shall include all aspects of solid waste management including waste reduction, recycling and reuse, storage, treatment, and disposal and shall require that consideration be given to the handling of all types of nonhazardous solid waste generated in the region or locality. In promulgating such regulations, the Board shall consider urban concentrations, geographic conditions, markets, transportation conditions, and other appropriate factors and shall provide for reasonable variances and exemptions thereto, as well as variances or exemptions from the minimum recycling rates specified herein when market conditions beyond the control of a county, city, town, or region make such mandatory rates unreasonable.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238149,"text":"The Board’s regulations shall permit the following credits, provided that the aggregate of all such credits permitted shall not exceed five percentage points of the annual municipal solid waste recycling rate achieved for each solid waste planning unit:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":238150,"text":"A credit of one ton for each ton of recycling residue generated in Virginia and deposited in a landfill permitted under subsection M of § 10.1-1408.1;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":238151,"text":"A credit of two percentage points of the minimum recycling rate mandated for the solid waste planning unit for a source reduction program that is implemented with the solid waste planning unit. The existence and operation of such a program shall be certified by the solid waste planning unit;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":238152,"text":"A credit of one ton for each ton of any solid waste material that is reused; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":238153,"text":"A credit of one ton for each ton of any nonmunicipal solid waste material that is recycled.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":238154,"text":"Each solid waste planning unit shall maintain a minimum recycling rate for municipal solid waste generated within the solid waste planning unit pursuant to the following schedule:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4","next_prefix":"D1"},"8":{"id":238155,"text":"Except as provided in subdivision 2, each solid waste planning unit shall maintain a minimum 25 percent recycling rate; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":238156,"text":"Each solid waste planning unit shall maintain a minimum 15 percent recycling rate if it has (i) a population density rate of less than 100 persons per square mile according to the most recent United States Census, or (ii) a not seasonally adjusted civilian unemployment rate for the immediately preceding calendar year that is at least 50 percent greater than the state average as reported by the Virginia Employment Commission for such year.\n\t\t\t\tAfter July 1, 2007, no permit for a new sanitary landfill, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill, incinerator, or waste-to-energy facility shall be issued until the solid waste planning unit within which the facility is located has a solid waste management plan approved by the Board in accordance with the regulations, except as provided in this subsection. Failure to attain a mandated municipal solid waste recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management plan for the planning unit are in compliance with the regulations. The provisions of this subsection shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"10":{"id":238157,"text":"Each solid waste planning unit or locality with a population of greater than 100,000 persons according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality annually. Each solid waste planning unit or locality with a population of 100,000 or less according to the most recent United States census shall prepare and submit a recycling survey report to the Department of Environmental Quality once every four years. Recycling survey reports submitted once every four years shall only be required to include information for the most recent single year. The first reports submitted pursuant to this section shall be submitted by April 30, 2013, for the reporting year ending December 31, 2012.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"11":{"id":238158,"text":"If a county levies a consumer utility tax and the ordinance provides that revenues derived from such source, to the extent necessary, be used for solid waste disposal, the county may charge a town or its residents, establishments and institutions an amount not to exceed their pro rata cost, based upon population for such solid waste management if the town levies a consumer utility tax. This shall not prohibit a county from charging for disposal of industrial or commercial waste on a county-wide basis, including that originating within the corporate limits of towns.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1411\/","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 9 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 249; in 1988, chapter 891; in 1989, chapter 440; in 1990, chapters 574 and 781; in 1991, chapter 237; in 1995, chapter 216<\/a>; in 1997, chapter 495<\/a>; in 2006, chapters 7<\/a> and 40<\/a>; in 2012, chapter 834<\/a>.<\/p>","references":[{"id":83474,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","order_by":null,"url":"\/10.1-1408.1\/"},{"id":79148,"section_number":"15.2-928","catch_line":"Local recycling and waste disposal; powers; penalties","order_by":null,"url":"\/15.2-928\/"},{"id":74595,"section_number":"15.2-939","catch_line":"Ordinances requiring recycling reports","order_by":null,"url":"\/15.2-939\/"},{"id":73760,"section_number":"62.1-241.1","catch_line":"Definitions","order_by":null,"url":"\/62.1-241.1\/"}],"refers_to":[{"id":83474,"section_number":"10.1-1408.1","catch_line":"Permit required; open dumps prohibited","order_by":null,"url":"\/10.1-1408.1\/"}],"permalink":{"id":146021,"object_type":"law","relational_id":65506,"identifier":"10.1-1411","token":"10.1\/II\/14\/2\/10.1-1411","url":"\/10.1-1411\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1411\/","token":"10.1\/II\/14\/2\/10.1-1411","dublin_core":{"Title":"Regional and local solid waste management plans","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1411","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span> is authorized to promulgate regulations specifying requirements for local and regional solid waste management<\/span> plans.\n\t\t\tTo implement regional plans, the Governor may designate regional boundaries. The governing bodies of the counties, cities and towns within any region so designated shall be responsible for the development and implementation of a comprehensive regional solid waste management<\/span> plan in cooperation with any planning district commission or commissions in the region. Where a county, city or town is not part of a regional plan, it shall develop and implement a local solid waste management<\/span> plan in accordance with the Board<\/span>’s regulations. For purposes of this section, each region or locality so designated shall constitute a solid waste<\/span> planning unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span>’s regulations shall include all aspects of solid waste management<\/span> including waste reduction, recycling and reuse, storage, treatment<\/span>, and disposal<\/span> and shall require that consideration be given to the handling of all types of nonhazardous solid waste<\/span> generated in the region or locality. In promulgating such regulations, the Board<\/span> shall consider urban concentrations, geographic conditions, markets, transportation<\/span> conditions, and other appropriate factors and shall provide for reasonable variances and exemptions thereto, as well as variances or exemptions from the minimum recycling rates specified herein when market conditions beyond the control of a county, city, town, or region make such mandatory rates unreasonable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span>’s regulations shall permit the following credits, provided that the aggregate of all such credits permitted shall not exceed five percentage points of the annual municipal solid waste<\/span> recycling rate achieved for each solid waste<\/span> planning unit: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A credit of one ton for each ton of recycling residue<\/span> generated in Virginia and deposited in a landfill permitted under subsection M of § 10.1-1408.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A credit of two percentage points of the minimum recycling rate mandated for the solid waste<\/span> planning unit for a source reduction program that is implemented with the solid waste<\/span> planning unit. The existence and operation of such a program shall be certified by the solid waste<\/span> planning unit; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A credit of one ton for each ton of any solid waste<\/span> material<\/span> that is reused; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A credit of one ton for each ton of any nonmunicipal solid waste<\/span> material<\/span> that is recycled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each solid waste<\/span> planning unit shall maintain a minimum recycling rate for municipal solid waste<\/span> generated within the solid waste<\/span> planning unit pursuant to the following schedule: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Except as provided in subdivision 2, each solid waste<\/span> planning unit shall maintain a minimum 25 percent recycling rate; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Each solid waste<\/span> planning unit shall maintain a minimum 15 percent recycling rate if it has (i) a population density rate of less than 100 persons<\/span> per square mile according to the most recent United States Census, or (ii) a not seasonally adjusted civilian unemployment rate for the immediately preceding calendar year that is at least 50 percent greater than the state average as reported by the Virginia Employment Commission for such year.\n\t\t\t\tAfter July 1, 2007, no permit for a new sanitary landfill<\/span>, incinerator, or waste-to-energy facility, or for an expansion, increase in capacity, or increase in the intake rate of an existing sanitary landfill<\/span>, incinerator, or waste-to-energy facility shall be issued until the solid waste<\/span> planning unit within which the facility is located has a solid waste management<\/span> plan approved by the Board<\/span> in accordance with the regulations, except as provided in this subsection. Failure to attain a mandated municipal solid waste<\/span> recycling rate shall not be the sole cause for the denial of any permit or permit amendment, except as provided herein for sanitary landfills<\/span>, incinerators, or waste-to-energy facilities, provided that all components of the solid waste management<\/span> plan for the planning unit are in compliance with the regulations. The provisions of this subsection shall not be applicable to permits or permit amendments required for the operation or regulatory compliance of any existing facility, regardless of type, nor shall it be cause for the delay of any technical or administrative review of pending amendments thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Each solid waste<\/span> planning unit or locality with a population of greater than 100,000 persons<\/span> according to the most recent United States census shall prepare and submit a recycling survey report to the Department<\/span> of Environmental Quality annually. Each solid waste<\/span> planning unit or locality with a population of 100,000 or less according to the most recent United States census shall prepare and submit a recycling survey report to the Department<\/span> of Environmental Quality once every four years. Recycling survey reports submitted once every four years shall only be required to include information for the most recent single year. The first reports submitted pursuant to this section shall be submitted by April 30, 2013, for the reporting year ending December 31, 2012. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If a county levies a consumer utility tax and the ordinance<\/span> provides that revenues derived from such source, to the extent necessary, be used for solid waste<\/span> disposal<\/span>, the county may charge a town or its residents, establishments and institutions an amount not to exceed their pro rata cost, based upon population for such solid waste management<\/span> if the town levies a consumer utility tax. This shall not prohibit a county from charging for disposal<\/span> of industrial or commercial waste on a county-wide basis, including that originating within the corporate limits of towns. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREGIONAL AND LOCAL SOLID WASTE MANAGEMENT PLANS (\u00a7 10.1-1411)\n\nA. The Board is authorized to promulgate regulations specifying requirements for\nlocal and regional solid waste management plans.\n\t\t\tTo implement regional plans, the Governor may designate regional boundaries.\nThe governing bodies of the counties, cities and towns within any region so\ndesignated shall be responsible for the development and implementation of a\ncomprehensive regional solid waste management plan in cooperation with any\nplanning district commission or commissions in the region. Where a county, city\nor town is not part of a regional plan, it shall develop and implement a local\nsolid waste management plan in accordance with the Board’s regulations.\nFor purposes of this section, each region or locality so designated shall\nconstitute a solid waste planning unit.\n\nB. The Board’s regulations shall include all aspects of solid waste\nmanagement including waste reduction, recycling and reuse, storage, treatment,\nand disposal and shall require that consideration be given to the handling of\nall types of nonhazardous solid waste generated in the region or locality. In\npromulgating such regulations, the Board shall consider urban concentrations,\ngeographic conditions, markets, transportation conditions, and other appropriate\nfactors and shall provide for reasonable variances and exemptions thereto, as\nwell as variances or exemptions from the minimum recycling rates specified\nherein when market conditions beyond the control of a county, city, town, or\nregion make such mandatory rates unreasonable.\n\nC. The Board’s regulations shall permit the following credits, provided\nthat the aggregate of all such credits permitted shall not exceed five\npercentage points of the annual municipal solid waste recycling rate achieved\nfor each solid waste planning unit:\n\n 1. A credit of one ton for each ton of recycling residue generated in Virginia\n and deposited in a landfill permitted under subsection M of §\n 10.1-1408.1;\n\n 2. A credit of two percentage points of the minimum recycling rate mandated\n for the solid waste planning unit for a source reduction program that is\n implemented with the solid waste planning unit. The existence and operation of\n such a program shall be certified by the solid waste planning unit;\n\n 3. A credit of one ton for each ton of any solid waste material that is\n reused; and\n\n 4. A credit of one ton for each ton of any nonmunicipal solid waste material\n that is recycled.\n\nD. Each solid waste planning unit shall maintain a minimum recycling rate for\nmunicipal solid waste generated within the solid waste planning unit pursuant to\nthe following schedule:\n\n 1. Except as provided in subdivision 2, each solid waste planning unit shall\n maintain a minimum 25 percent recycling rate; or\n\n 2. Each solid waste planning unit shall maintain a minimum 15 percent\n recycling rate if it has (i) a population density rate of less than 100\n persons per square mile according to the most recent United States Census, or\n (ii) a not seasonally adjusted civilian unemployment rate for the immediately\n preceding calendar year that is at least 50 percent greater than the state\n average as reported by the Virginia Employment Commission for such year.\n \t\t\t\tAfter July 1, 2007, no permit for a new sanitary landfill, incinerator, or\n waste-to-energy facility, or for an expansion, increase in capacity, or\n increase in the intake rate of an existing sanitary landfill, incinerator, or\n waste-to-energy facility shall be issued until the solid waste planning unit\n within which the facility is located has a solid waste management plan\n approved by the Board in accordance with the regulations, except as provided\n in this subsection. Failure to attain a mandated municipal solid waste\n recycling rate shall not be the sole cause for the denial of any permit or\n permit amendment, except as provided herein for sanitary landfills,\n incinerators, or waste-to-energy facilities, provided that all components of\n the solid waste management plan for the planning unit are in compliance with\n the regulations. The provisions of this subsection shall not be applicable to\n permits or permit amendments required for the operation or regulatory\n compliance of any existing facility, regardless of type, nor shall it be cause\n for the delay of any technical or administrative review of pending amendments\n thereto.\n\nE. Each solid waste planning unit or locality with a population of greater than\n100,000 persons according to the most recent United States census shall prepare\nand submit a recycling survey report to the Department of Environmental Quality\nannually. Each solid waste planning unit or locality with a population of\n100,000 or less according to the most recent United States census shall prepare\nand submit a recycling survey report to the Department of Environmental Quality\nonce every four years. Recycling survey reports submitted once every four years\nshall only be required to include information for the most recent single year.\nThe first reports submitted pursuant to this section shall be submitted by April\n30, 2013, for the reporting year ending December 31, 2012.\n\nF. If a county levies a consumer utility tax and the ordinance provides that\nrevenues derived from such source, to the extent necessary, be used for solid\nwaste disposal, the county may charge a town or its residents, establishments\nand institutions an amount not to exceed their pro rata cost, based upon\npopulation for such solid waste management if the town levies a consumer utility\ntax. This shall not prohibit a county from charging for disposal of industrial\nor commercial waste on a county-wide basis, including that originating within\nthe corporate limits of towns.\n\nHISTORY: 1986, c. 492, \u00a7 10-274; 1987, c. 249; 1988, c. 891; 1989, c. 440;\n1990, cc. 574, 781; 1991, c. 237; 1995, c. 216; 1997, c. 495; 2006, cc. 7, 40;\n2012, c. 834.","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}}