{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1428.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1428.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1428.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1428.html"}],"law_id":86144,"edition_id":1,"section_id":86144,"structure_id":16515,"section_number":"10.1-1428","catch_line":"Financial responsibility for abandoned facilities; penalties","history":"1986, c. 492, \u00a7 10-281; 1988, c. 891; 1991, c. 702; 2005, c. 180.","full_text":"A\n\nThe Board shall promulgate regulations which ensure that, if a facility in which hazardous waste is stored, treated, or disposed is closed or 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.B\n\nSuch regulations may include bonding requirements, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or other mechanisms that the Department deems appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the hazardous waste, the cost of disposal of the hazardous waste and the cost of restoring the facility to a safe condition.C\n\nNo state 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 this article of any other legal obligations for the consequences of abandonment of any facility.E\n\nAny funds forfeited pursuant to this section and the regulations of the Board shall be paid over to the Director, who shall then expend the forfeited funds as necessary 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 section.F\n\nAny person who knowingly and willfully abandons a hazardous 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 hazardous 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":308560,"text":"The Board shall promulgate regulations which ensure that, if a facility in which hazardous waste is stored, treated, or disposed is closed or 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308561,"text":"Such regulations may include bonding requirements, the creation of a trust fund to be maintained within the Department, self-insurance, other forms of commercial insurance, or other mechanisms that the Department deems appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the hazardous waste, the cost of disposal of the hazardous waste and the cost of restoring the facility to a safe condition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":308562,"text":"No state 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":308563,"text":"Forfeiture of any financial obligation imposed pursuant to this section shall not relieve any holder of a permit issued pursuant to 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":308564,"text":"Any funds forfeited pursuant to this section and the regulations of the Board shall be paid over to the Director, who shall then expend the forfeited funds as necessary 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 section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":308565,"text":"Any person who knowingly and willfully abandons a hazardous 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 hazardous 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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16515,"edition_id":1,"name":"Hazardous Waste Management","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 04:22:03","date_modified":"2026-06-26 04:22:03","permalink":{"id":146355,"object_type":"structure","relational_id":16515,"identifier":"4","token":"10.1\/II\/14\/4","url":"\/10.1\/II\/14\/4\/","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":85617,"structure_id":16515,"section_number":"10.1-1426","catch_line":"Permits required; waiver of requirements; reports; conditional permits","url":"\/10.1-1426\/","token":"10.1\/II\/14\/4\/10.1-1426","metadata":false},{"id":70231,"structure_id":16515,"section_number":"10.1-1427","catch_line":"Revocation, suspension or amendment of permits","url":"\/10.1-1427\/","token":"10.1\/II\/14\/4\/10.1-1427","metadata":false},{"id":86144,"structure_id":16515,"section_number":"10.1-1428","catch_line":"Financial responsibility for abandoned facilities; penalties","url":"\/10.1-1428\/","token":"10.1\/II\/14\/4\/10.1-1428","metadata":false},{"id":80947,"structure_id":16515,"section_number":"10.1-1429","catch_line":"Notice of release of hazardous substance","url":"\/10.1-1429\/","token":"10.1\/II\/14\/4\/10.1-1429","metadata":false}],"previous_section":{"id":70231,"structure_id":16515,"section_number":"10.1-1427","catch_line":"Revocation, suspension or amendment of permits","url":"\/10.1-1427\/","token":"10.1\/II\/14\/4\/10.1-1427","metadata":false},"next_section":{"id":80947,"structure_id":16515,"section_number":"10.1-1429","catch_line":"Notice of release of hazardous substance","url":"\/10.1-1429\/","token":"10.1\/II\/14\/4\/10.1-1429","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1428\/","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 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 1988, chapter 891; in 1991, chapter 702; in 2005, chapter 180<\/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":false,"permalink":{"id":146365,"object_type":"law","relational_id":86144,"identifier":"10.1-1428","token":"10.1\/II\/14\/4\/10.1-1428","url":"\/10.1-1428\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1428\/","token":"10.1\/II\/14\/4\/10.1-1428","dublin_core":{"Title":"Financial responsibility for abandoned facilities; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1428","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 in which hazardous waste<\/span> is stored, treated, or disposed is closed or 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such regulations may include bonding requirements, the creation of a trust fund to be maintained within the Department<\/span>, self-insurance, other forms of commercial insurance, or other mechanisms that the Department<\/span> deems appropriate. Regulations governing the amount thereof shall take into consideration the potential for contamination and injury by the hazardous waste<\/span>, the cost of disposal<\/span> of the hazardous waste<\/span> and the cost of restoring the facility to a safe condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No state 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 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 pursuant to this section and the regulations of the Board<\/span> shall be paid over to the Director<\/span>, who shall then expend the forfeited funds as necessary 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 section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person<\/span> who knowingly and willfully abandons a hazardous waste management<\/span> 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<\/span> who knowingly and willfully abandons a hazardous waste management<\/span> 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<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINANCIAL RESPONSIBILITY FOR ABANDONED FACILITIES; PENALTIES (\u00a7 10.1-1428)\n\nA. The Board shall promulgate regulations which ensure that, if a facility in\nwhich hazardous waste is stored, treated, or disposed is closed or abandoned,\nthe costs associated with protecting the public health and safety from the\nconsequences of such abandonment may be recovered from the person abandoning the\nfacility.\n\nB. Such regulations may include bonding requirements, the creation of a trust\nfund to be maintained within the Department, self-insurance, other forms of\ncommercial insurance, or other mechanisms that the Department deems appropriate.\nRegulations governing the amount thereof shall take into consideration the\npotential for contamination and injury by the hazardous waste, the cost of\ndisposal of the hazardous waste and the cost of restoring the facility to a safe\ncondition.\n\nC. No state agency shall be required to comply with such regulations.\n\nD. Forfeiture of any financial obligation imposed pursuant to this section shall\nnot relieve any holder of a permit issued pursuant to this article of any other\nlegal obligations for the consequences of abandonment of any facility.\n\nE. Any funds forfeited pursuant to this section and the regulations of the Board\nshall be paid over to the Director, who shall then expend the forfeited funds as\nnecessary to restore and maintain the facility in a safe condition. Nothing in\nthis section shall require the Director to expend funds from any other source to\ncarry out the activities contemplated under this section.\n\nF. Any person who knowingly and willfully abandons a hazardous 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 hazardous 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 10-281; 1988, c. 891; 1991, c. 702; 2005, c. 180.","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}}