{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1418.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1418.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1418.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1418.3.html"}],"law_id":76706,"edition_id":1,"section_id":76706,"structure_id":13714,"section_number":"10.1-1418.3","catch_line":"Liability for large waste tire pile fires; exclusions","history":"1996, c. 734; 2003, c. 101.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Tire pile” means an unpermitted accumulation of more than 100 waste tires.B\n\nFor any tire pile that (i) is included in the survey of waste tire piles completed by the Department in 1993 or (ii) contains tires that were placed on property with the consent of the property owner, any person who owns or is legally responsible for such a tire pile that burns or is burned and any person who owns or is legally responsible for the property where the tire pile is located shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other person who set or caused to be set the fire that burns the tires. Damages include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any other liability authorized by statute or regulation. Without limiting what constitutes consent, acceptance of compensation for the placement of tires on one’s property shall be deemed to be consent.C\n\nAny person who sets or causes to be set the fire that burns the tire pile shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other persons who set or caused to be set the fire that burns the tires. Damages shall include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any liability authorized by statute or regulation.D\n\nAny person who transfers waste tires for disposition and has taken all reasonable steps to ensure proper disposition of the waste tires shall not be held liable under the standard set forth in this section. Documentation that a person has taken all reasonable steps to ensure proper disposition of the waste tires may include, but is not limited to, utilization of the Waste Tire Certification developed by the Department and any equivalent manifest or tracking system.","order_by":null,"text":{"0":{"id":275360,"text":"For the purposes of this section:\n\t\t\t“Tire pile” means an unpermitted accumulation of more than 100 waste tires.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":275361,"text":"For any tire pile that (i) is included in the survey of waste tire piles completed by the Department in 1993 or (ii) contains tires that were placed on property with the consent of the property owner, any person who owns or is legally responsible for such a tire pile that burns or is burned and any person who owns or is legally responsible for the property where the tire pile is located shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other person who set or caused to be set the fire that burns the tires. Damages include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any other liability authorized by statute or regulation. Without limiting what constitutes consent, acceptance of compensation for the placement of tires on one’s property shall be deemed to be consent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":275362,"text":"Any person who sets or causes to be set the fire that burns the tire pile shall be responsible for the damage caused by the fire and by any waste or chemical constituents released into the environment to any person who sustains damage from the fire or from any released wastes or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence on the part of such owners, legally responsible persons or other persons who set or caused to be set the fire that burns the tires. Damages shall include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any liability authorized by statute or regulation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":275363,"text":"Any person who transfers waste tires for disposition and has taken all reasonable steps to ensure proper disposition of the waste tires shall not be held liable under the standard set forth in this section. Documentation that a person has taken all reasonable steps to ensure proper disposition of the waste tires may include, but is not limited to, utilization of the Waste Tire Certification developed by the Department and any equivalent manifest or tracking system.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13714,"edition_id":1,"name":"Litter Control and Recycling","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:45:38","date_modified":"2026-06-26 03:45:38","permalink":{"id":146047,"object_type":"structure","relational_id":13714,"identifier":"3","token":"10.1\/II\/14\/3","url":"\/10.1\/II\/14\/3\/","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":58782,"structure_id":13714,"section_number":"10.1-1414","catch_line":"Definitions","url":"\/10.1-1414\/","token":"10.1\/II\/14\/3\/10.1-1414","metadata":false},{"id":74146,"structure_id":13714,"section_number":"10.1-1415","catch_line":"Litter Control Program","url":"\/10.1-1415\/","token":"10.1\/II\/14\/3\/10.1-1415","metadata":false},{"id":84258,"structure_id":13714,"section_number":"10.1-1415.1","catch_line":"Labeling of plastic container products required; penalty","url":"\/10.1-1415.1\/","token":"10.1\/II\/14\/3\/10.1-1415.1","metadata":false},{"id":77422,"structure_id":13714,"section_number":"10.1-1415.2","catch_line":"Plastic holding device prohibited","url":"\/10.1-1415.2\/","token":"10.1\/II\/14\/3\/10.1-1415.2","metadata":false},{"id":81451,"structure_id":13714,"section_number":"10.1-1416","catch_line":"Collection and survey of litter","url":"\/10.1-1416\/","token":"10.1\/II\/14\/3\/10.1-1416","metadata":false},{"id":82589,"structure_id":13714,"section_number":"10.1-1417","catch_line":"Enforcement of article","url":"\/10.1-1417\/","token":"10.1\/II\/14\/3\/10.1-1417","metadata":false},{"id":77037,"structure_id":13714,"section_number":"10.1-1418","catch_line":"Penalty for violation of article","url":"\/10.1-1418\/","token":"10.1\/II\/14\/3\/10.1-1418","metadata":false},{"id":66744,"structure_id":13714,"section_number":"10.1-1418.1","catch_line":"Improper disposal of solid waste; civil penalties","url":"\/10.1-1418.1\/","token":"10.1\/II\/14\/3\/10.1-1418.1","metadata":false},{"id":69980,"structure_id":13714,"section_number":"10.1-1418.2","catch_line":"Improper disposal of tires; exemption; penalty","url":"\/10.1-1418.2\/","token":"10.1\/II\/14\/3\/10.1-1418.2","metadata":false},{"id":76706,"structure_id":13714,"section_number":"10.1-1418.3","catch_line":"Liability for large waste tire pile fires; exclusions","url":"\/10.1-1418.3\/","token":"10.1\/II\/14\/3\/10.1-1418.3","metadata":false},{"id":57084,"structure_id":13714,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","url":"\/10.1-1418.4\/","token":"10.1\/II\/14\/3\/10.1-1418.4","metadata":false},{"id":85167,"structure_id":13714,"section_number":"10.1-1418.5","catch_line":"Lien for waste tire pile removal","url":"\/10.1-1418.5\/","token":"10.1\/II\/14\/3\/10.1-1418.5","metadata":false},{"id":78383,"structure_id":13714,"section_number":"10.1-1419","catch_line":"Litter receptacles; placement; penalty for violations","url":"\/10.1-1419\/","token":"10.1\/II\/14\/3\/10.1-1419","metadata":false},{"id":80713,"structure_id":13714,"section_number":"10.1-1420","catch_line":"Litter bag","url":"\/10.1-1420\/","token":"10.1\/II\/14\/3\/10.1-1420","metadata":false},{"id":56206,"structure_id":13714,"section_number":"10.1-1421","catch_line":"Responsibility for removal of litter from receptacles","url":"\/10.1-1421\/","token":"10.1\/II\/14\/3\/10.1-1421","metadata":false},{"id":69904,"structure_id":13714,"section_number":"10.1-1422","catch_line":"Further duties of Department","url":"\/10.1-1422\/","token":"10.1\/II\/14\/3\/10.1-1422","metadata":false},{"id":63434,"structure_id":13714,"section_number":"10.1-1422.01","catch_line":"Litter Control and Recycling Fund established; use of moneys; purpose of Fund","url":"\/10.1-1422.01\/","token":"10.1\/II\/14\/3\/10.1-1422.01","metadata":false},{"id":77602,"structure_id":13714,"section_number":"10.1-1422.02","catch_line":"Litter Control and Recycling Fund Advisory Board established; duties and responsibilities","url":"\/10.1-1422.02\/","token":"10.1\/II\/14\/3\/10.1-1422.02","metadata":false},{"id":58088,"structure_id":13714,"section_number":"10.1-1422.03","catch_line":"Membership, meetings, and staffing","url":"\/10.1-1422.03\/","token":"10.1\/II\/14\/3\/10.1-1422.03","metadata":false},{"id":57553,"structure_id":13714,"section_number":"10.1-1422.04","catch_line":"Local litter prevention and recycling grants; eligibility and funding process","url":"\/10.1-1422.04\/","token":"10.1\/II\/14\/3\/10.1-1422.04","metadata":false},{"id":64947,"structure_id":13714,"section_number":"10.1-1422.05","catch_line":"Repealed","url":"\/10.1-1422.05\/","token":"10.1\/II\/14\/3\/10.1-1422.05","metadata":false},{"id":54703,"structure_id":13714,"section_number":"10.1-1422.06","catch_line":"Beneficiation facility as manufacturer for grant purposes","url":"\/10.1-1422.06\/","token":"10.1\/II\/14\/3\/10.1-1422.06","metadata":false},{"id":67175,"structure_id":13714,"section_number":"10.1-1422.1","catch_line":"Disposal of waste tires","url":"\/10.1-1422.1\/","token":"10.1\/II\/14\/3\/10.1-1422.1","metadata":false},{"id":60076,"structure_id":13714,"section_number":"10.1-1422.2","catch_line":"Recycling residues; testing","url":"\/10.1-1422.2\/","token":"10.1\/II\/14\/3\/10.1-1422.2","metadata":false},{"id":85656,"structure_id":13714,"section_number":"10.1-1422.3","catch_line":"Waste Tire Trust Fund established; use of moneys; purpose of Fund","url":"\/10.1-1422.3\/","token":"10.1\/II\/14\/3\/10.1-1422.3","metadata":false},{"id":60051,"structure_id":13714,"section_number":"10.1-1422.4","catch_line":"Partial reimbursement for waste tires; eligibility; promulgation of regulations","url":"\/10.1-1422.4\/","token":"10.1\/II\/14\/3\/10.1-1422.4","metadata":false},{"id":65785,"structure_id":13714,"section_number":"10.1-1422.5","catch_line":"Repealed","url":"\/10.1-1422.5\/","token":"10.1\/II\/14\/3\/10.1-1422.5","metadata":false},{"id":55743,"structure_id":13714,"section_number":"10.1-1422.6","catch_line":"Used motor oil, other fluids for automotive engine maintenance, and oil filters; signs; establishment of statewide program","url":"\/10.1-1422.6\/","token":"10.1\/II\/14\/3\/10.1-1422.6","metadata":false},{"id":66403,"structure_id":13714,"section_number":"10.1-1423","catch_line":"Notice to public required","url":"\/10.1-1423\/","token":"10.1\/II\/14\/3\/10.1-1423","metadata":false},{"id":87371,"structure_id":13714,"section_number":"10.1-1424","catch_line":"Allowing escape of load material; penalty","url":"\/10.1-1424\/","token":"10.1\/II\/14\/3\/10.1-1424","metadata":false},{"id":56834,"structure_id":13714,"section_number":"10.1-1424.1","catch_line":"Material containing fully halogenated chloro-fluorocarbons prohibited; penalty","url":"\/10.1-1424.1\/","token":"10.1\/II\/14\/3\/10.1-1424.1","metadata":false},{"id":60728,"structure_id":13714,"section_number":"10.1-1424.2","catch_line":"Products containing trichloroethylene prohibited; penalty","url":"\/10.1-1424.2\/","token":"10.1\/II\/14\/3\/10.1-1424.2","metadata":false},{"id":77231,"structure_id":13714,"section_number":"10.1-1424.3","catch_line":"Expanded polystyrene food service containers prohibited; civil penalty","url":"\/10.1-1424.3\/","token":"10.1\/II\/14\/3\/10.1-1424.3","metadata":false},{"id":57230,"structure_id":13714,"section_number":"10.1-1425","catch_line":"Preemption of certain local ordinances","url":"\/10.1-1425\/","token":"10.1\/II\/14\/3\/10.1-1425","metadata":false}],"previous_section":{"id":69980,"structure_id":13714,"section_number":"10.1-1418.2","catch_line":"Improper disposal of tires; exemption; penalty","url":"\/10.1-1418.2\/","token":"10.1\/II\/14\/3\/10.1-1418.2","metadata":false},"next_section":{"id":57084,"structure_id":13714,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","url":"\/10.1-1418.4\/","token":"10.1\/II\/14\/3\/10.1-1418.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1418.3\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 734<\/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 1 time. 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. That modification is as follows: in 2003, chapter 101<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":146085,"object_type":"law","relational_id":76706,"identifier":"10.1-1418.3","token":"10.1\/II\/14\/3\/10.1-1418.3","url":"\/10.1-1418.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1418.3\/","token":"10.1\/II\/14\/3\/10.1-1418.3","dublin_core":{"Title":"Liability for large waste tire pile fires; exclusions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1418.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Tire pile<\/span>” means an unpermitted accumulation of more than 100 waste<\/span> tires. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For any tire pile<\/span> that (i) is included in the survey of waste<\/span> tire piles<\/span> completed by the Department<\/span> in 1993 or (ii) contains tires that were placed on property with the consent of the property owner, any person<\/span> who owns or is legally responsible for such a tire pile<\/span> that burns or is burned and any person<\/span> who owns or is legally responsible for the property where the tire pile<\/span> is located shall be responsible for the damage caused by the fire and by any waste<\/span> or chemical constituents released into the environment to any person<\/span> who sustains<\/span> damage from the fire or from any released wastes<\/span> or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence<\/span> on the part of such owners, legally responsible persons<\/span> or other person<\/span> who set or caused to be set the fire that burns the tires. Damages<\/span> include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any other liability authorized by statute<\/span> or regulation. Without limiting what constitutes consent, acceptance of compensation for the placement of tires on one’s property shall be deemed to be consent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who sets or causes to be set the fire that burns the tire pile<\/span> shall be responsible for the damage caused by the fire and by any waste<\/span> or chemical constituents released into the environment to any person<\/span> who sustains<\/span> damage from the fire or from any released wastes<\/span> or chemical constituents. It shall not be necessary for the claimant to show that the damage was caused by negligence<\/span> on the part of such owners, legally responsible persons<\/span> or other persons<\/span> who set or caused to be set the fire that burns the tires. Damages<\/span> shall include, but are not limited to, the cost for any repair, replacement, remediation, or other appropriate action required as a result of the fire. This liability shall be in addition to, and not in lieu of, any liability authorized by statute<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any person<\/span> who transfers waste<\/span> tires for disposition<\/span> and has taken all reasonable steps to ensure proper disposition<\/span> of the waste<\/span> tires shall not be held liable under the standard set forth in this section. Documentation that a person<\/span> has taken all reasonable steps to ensure proper disposition<\/span> of the waste<\/span> tires may include, but is not limited to, utilization of the Waste<\/span> Tire Certification developed by the Department<\/span> and any equivalent manifest<\/span> or tracking system. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR LARGE WASTE TIRE PILE FIRES; EXCLUSIONS (\u00a7 10.1-1418.3)\n\nA. For the purposes of this section:\n\t\t\t“Tire pile” means an unpermitted accumulation of more than 100\nwaste tires.\n\nB. For any tire pile that (i) is included in the survey of waste tire piles\ncompleted by the Department in 1993 or (ii) contains tires that were placed on\nproperty with the consent of the property owner, any person who owns or is\nlegally responsible for such a tire pile that burns or is burned and any person\nwho owns or is legally responsible for the property where the tire pile is\nlocated shall be responsible for the damage caused by the fire and by any waste\nor chemical constituents released into the environment to any person who\nsustains damage from the fire or from any released wastes or chemical\nconstituents. It shall not be necessary for the claimant to show that the damage\nwas caused by negligence on the part of such owners, legally responsible persons\nor other person who set or caused to be set the fire that burns the tires.\nDamages include, but are not limited to, the cost for any repair, replacement,\nremediation, or other appropriate action required as a result of the fire. This\nliability shall be in addition to, and not in lieu of, any other liability\nauthorized by statute or regulation. Without limiting what constitutes consent,\nacceptance of compensation for the placement of tires on one’s property\nshall be deemed to be consent.\n\nC. Any person who sets or causes to be set the fire that burns the tire pile\nshall be responsible for the damage caused by the fire and by any waste or\nchemical constituents released into the environment to any person who sustains\ndamage from the fire or from any released wastes or chemical constituents. It\nshall not be necessary for the claimant to show that the damage was caused by\nnegligence on the part of such owners, legally responsible persons or other\npersons who set or caused to be set the fire that burns the tires. Damages shall\ninclude, but are not limited to, the cost for any repair, replacement,\nremediation, or other appropriate action required as a result of the fire. This\nliability shall be in addition to, and not in lieu of, any liability authorized\nby statute or regulation.\n\nD. Any person who transfers waste tires for disposition and has taken all\nreasonable steps to ensure proper disposition of the waste tires shall not be\nheld liable under the standard set forth in this section. Documentation that a\nperson has taken all reasonable steps to ensure proper disposition of the waste\ntires may include, but is not limited to, utilization of the Waste Tire\nCertification developed by the Department and any equivalent manifest or\ntracking system.\n\nHISTORY: 1996, c. 734; 2003, c. 101.","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}}