{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1434.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1434.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1434.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1434.html"}],"law_id":70685,"edition_id":1,"section_id":70685,"structure_id":12888,"section_number":"10.1-1434","catch_line":"Additional powers and duties of the Board","history":"1986, c. 492, \u00a7\u00a7 10-287, 10-290; 1988, c. 891.","full_text":"A\n\nIn addition to its other powers and duties, with regard to hazardous waste the Board shall have the power and duty to:1\n\nRequire that hazardous waste is treated, stored and disposed of properly;2\n\nProvide information to the public regarding the proper methods of hazardous waste disposal;3\n\nEstablish procedures, where feasible, to eliminate or reduce the disproportionate burden which may be placed on a community in which is located a hazardous waste treatment, storage or disposal facility, by any means appropriate, including mitigation or compensation;4\n\nRequire that the Department compiles, maintains, and makes available to the public, information on the use and availability of conflict resolution techniques so that controversies and conflicts over the local impacts of hazardous waste facility siting decisions may be resolved by negotiation, mediation or similar techniques;5\n\nEncourage, whenever possible, alternatives to land burial of hazardous wastes, which will reduce, separate, neutralize, recycle, exchange or destroy hazardous wastes; and6\n\nRegulate hazardous waste treatment, storage and disposal facilities and require that the costs of long-term post-closure care and maintenance of these facilities is born by their owners and operators.B\n\nIn addition to its other powers and duties, with regard to certification of hazardous waste facility sites the Board shall have the power and duty to:1\n\nSubject to the approval of the Governor, request the use of the resources and services of any state department or agency for technical assistance in the performance of the Board’s duties;2\n\nHold public meetings or hearings on any matter related to the siting of hazardous waste facilities;3\n\nCoordinate the preparation of and to adopt criteria for the siting of hazardous waste facilities;4\n\nGrant or deny certification of site approval for construction of hazardous waste facilities;5\n\nPromulgate regulations and procedures for approval of hazardous waste facility sites;6\n\nAdopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and site certifications; and7\n\nPerform any acts authorized by this chapter under, through or by means of its own officers, agents and employees, or by contract with any person.","order_by":null,"text":{"0":{"id":254960,"text":"In addition to its other powers and duties, with regard to hazardous waste the Board shall have the power and duty to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":254961,"text":"Require that hazardous waste is treated, stored and disposed of properly;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":254962,"text":"Provide information to the public regarding the proper methods of hazardous waste disposal;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":254963,"text":"Establish procedures, where feasible, to eliminate or reduce the disproportionate burden which may be placed on a community in which is located a hazardous waste treatment, storage or disposal facility, by any means appropriate, including mitigation or compensation;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":254964,"text":"Require that the Department compiles, maintains, and makes available to the public, information on the use and availability of conflict resolution techniques so that controversies and conflicts over the local impacts of hazardous waste facility siting decisions may be resolved by negotiation, mediation or similar techniques;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":254965,"text":"Encourage, whenever possible, alternatives to land burial of hazardous wastes, which will reduce, separate, neutralize, recycle, exchange or destroy hazardous wastes; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":254966,"text":"Regulate hazardous waste treatment, storage and disposal facilities and require that the costs of long-term post-closure care and maintenance of these facilities is born by their owners and operators.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":254967,"text":"In addition to its other powers and duties, with regard to certification of hazardous waste facility sites the Board shall have the power and duty to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"B1"},"8":{"id":254968,"text":"Subject to the approval of the Governor, request the use of the resources and services of any state department or agency for technical assistance in the performance of the Board’s duties;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"9":{"id":254969,"text":"Hold public meetings or hearings on any matter related to the siting of hazardous waste facilities;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"10":{"id":254970,"text":"Coordinate the preparation of and to adopt criteria for the siting of hazardous waste facilities;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"11":{"id":254971,"text":"Grant or deny certification of site approval for construction of hazardous waste facilities;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"12":{"id":254972,"text":"Promulgate regulations and procedures for approval of hazardous waste facility sites;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"13":{"id":254973,"text":"Adopt a schedule of fees to charge applicants and to collect fees for the cost of processing applications and site certifications; and","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"14":{"id":254974,"text":"Perform any acts authorized by this chapter under, through or by means of its own officers, agents and employees, or by contract with any person.","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6"}},"ancestry":[{"id":12888,"edition_id":1,"name":"Siting of Hazardous Waste Facilities","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":146399,"object_type":"structure","relational_id":12888,"identifier":"6","token":"10.1\/II\/14\/6","url":"\/10.1\/II\/14\/6\/","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":82154,"structure_id":12888,"section_number":"10.1-1433","catch_line":"Definitions","url":"\/10.1-1433\/","token":"10.1\/II\/14\/6\/10.1-1433","metadata":false},{"id":70685,"structure_id":12888,"section_number":"10.1-1434","catch_line":"Additional powers and duties of the Board","url":"\/10.1-1434\/","token":"10.1\/II\/14\/6\/10.1-1434","metadata":false},{"id":83209,"structure_id":12888,"section_number":"10.1-1435","catch_line":"Certification of site approval required; \"construction\" defined; remedies","url":"\/10.1-1435\/","token":"10.1\/II\/14\/6\/10.1-1435","metadata":false},{"id":54464,"structure_id":12888,"section_number":"10.1-1436","catch_line":"Site approval criteria","url":"\/10.1-1436\/","token":"10.1\/II\/14\/6\/10.1-1436","metadata":false},{"id":85063,"structure_id":12888,"section_number":"10.1-1437","catch_line":"Notice of intent to file application for certification of site approval","url":"\/10.1-1437\/","token":"10.1\/II\/14\/6\/10.1-1437","metadata":false},{"id":54011,"structure_id":12888,"section_number":"10.1-1438","catch_line":"Powers of governing body of host community; technical assistance","url":"\/10.1-1438\/","token":"10.1\/II\/14\/6\/10.1-1438","metadata":false},{"id":85225,"structure_id":12888,"section_number":"10.1-1439","catch_line":"Briefing meetings","url":"\/10.1-1439\/","token":"10.1\/II\/14\/6\/10.1-1439","metadata":false},{"id":66446,"structure_id":12888,"section_number":"10.1-1440","catch_line":"Impact analysis","url":"\/10.1-1440\/","token":"10.1\/II\/14\/6\/10.1-1440","metadata":false},{"id":74593,"structure_id":12888,"section_number":"10.1-1441","catch_line":"Application for certification of site approval","url":"\/10.1-1441\/","token":"10.1\/II\/14\/6\/10.1-1441","metadata":false},{"id":69857,"structure_id":12888,"section_number":"10.1-1442","catch_line":"Negotiations; siting agreement","url":"\/10.1-1442\/","token":"10.1\/II\/14\/6\/10.1-1442","metadata":false},{"id":58054,"structure_id":12888,"section_number":"10.1-1443","catch_line":"Draft certification of site approval","url":"\/10.1-1443\/","token":"10.1\/II\/14\/6\/10.1-1443","metadata":false},{"id":67613,"structure_id":12888,"section_number":"10.1-1444","catch_line":"Public hearing on draft certification of site approval","url":"\/10.1-1444\/","token":"10.1\/II\/14\/6\/10.1-1444","metadata":false},{"id":70266,"structure_id":12888,"section_number":"10.1-1445","catch_line":"Final decision on certification of site approval","url":"\/10.1-1445\/","token":"10.1\/II\/14\/6\/10.1-1445","metadata":false},{"id":83997,"structure_id":12888,"section_number":"10.1-1446","catch_line":"Effect of certification","url":"\/10.1-1446\/","token":"10.1\/II\/14\/6\/10.1-1446","metadata":false},{"id":67727,"structure_id":12888,"section_number":"10.1-1447","catch_line":"Public participation; notice","url":"\/10.1-1447\/","token":"10.1\/II\/14\/6\/10.1-1447","metadata":false},{"id":55114,"structure_id":12888,"section_number":"10.1-1448","catch_line":"Technical Assistance Fund","url":"\/10.1-1448\/","token":"10.1\/II\/14\/6\/10.1-1448","metadata":false},{"id":58355,"structure_id":12888,"section_number":"10.1-1449","catch_line":"Siting Dedicated Revenue Fund","url":"\/10.1-1449\/","token":"10.1\/II\/14\/6\/10.1-1449","metadata":false}],"previous_section":{"id":82154,"structure_id":12888,"section_number":"10.1-1433","catch_line":"Definitions","url":"\/10.1-1433\/","token":"10.1\/II\/14\/6\/10.1-1433","metadata":false},"next_section":{"id":83209,"structure_id":12888,"section_number":"10.1-1435","catch_line":"Certification of site approval required; \"construction\" defined; remedies","url":"\/10.1-1435\/","token":"10.1\/II\/14\/6\/10.1-1435","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1434\/","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 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 1988, chapter 891.<\/p>","references":[{"id":58355,"section_number":"10.1-1449","catch_line":"Siting Dedicated Revenue Fund","order_by":null,"url":"\/10.1-1449\/"}],"refers_to":false,"permalink":{"id":146405,"object_type":"law","relational_id":70685,"identifier":"10.1-1434","token":"10.1\/II\/14\/6\/10.1-1434","url":"\/10.1-1434\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1434\/","token":"10.1\/II\/14\/6\/10.1-1434","dublin_core":{"Title":"Additional powers and duties of the Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1434","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to its other powers and duties, with regard to hazardous waste<\/span> the Board<\/span> shall have the power and duty to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Require that hazardous waste<\/span> is treated, stored and disposed of properly; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Provide information to the public regarding the proper methods of hazardous waste<\/span> disposal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Establish procedures, where feasible, to eliminate or reduce the disproportionate burden which may be placed on a community in which is located a hazardous waste<\/span> treatment<\/span>, storage<\/span> or disposal<\/span> facility<\/span>, by any means appropriate, including mitigation or compensation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Require that the Department<\/span> compiles, maintains, and makes available to the public, information on the use and availability of conflict resolution techniques so that controversies and conflicts over the local impacts of hazardous waste facility<\/span> siting decisions may be resolved by negotiation, mediation or similar techniques; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Encourage, whenever possible, alternatives to land burial of hazardous wastes<\/span>, which will reduce, separate, neutralize, recycle, exchange or destroy hazardous wastes<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Regulate hazardous waste treatment<\/span>, storage<\/span> and disposal<\/span> facilities and require that the costs of long-term post-closure care and maintenance of these facilities is born by their owners<\/span> and operators<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to its other powers and duties, with regard to certification<\/span> of hazardous waste facility<\/span> sites the Board<\/span> shall have the power and duty to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Subject to the approval of the Governor, request the use of the resources and services of any state department<\/span> or agency for technical assistance in the performance of the Board<\/span>’s duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Hold public meetings or hearings<\/span> on any matter related to the siting of hazardous waste facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Coordinate the preparation of and to adopt criteria<\/span> for the siting of hazardous waste facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Grant or deny certification<\/span> of site approval for construction of hazardous waste facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Promulgate regulations and procedures for approval of hazardous waste facility<\/span> sites; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Adopt a schedule of fees to charge applicants<\/span> and to collect fees for the cost of processing applications<\/span> and site certifications<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Perform any acts authorized by this chapter under, through or by means of its own officers, agents and employees, or by contract<\/span> with any person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL POWERS AND DUTIES OF THE BOARD (\u00a7 10.1-1434)\n\nA. In addition to its other powers and duties, with regard to hazardous waste\nthe Board shall have the power and duty to:\n\n 1. Require that hazardous waste is treated, stored and disposed of properly;\n\n 2. Provide information to the public regarding the proper methods of hazardous\n waste disposal;\n\n 3. Establish procedures, where feasible, to eliminate or reduce the\n disproportionate burden which may be placed on a community in which is located\n a hazardous waste treatment, storage or disposal facility, by any means\n appropriate, including mitigation or compensation;\n\n 4. Require that the Department compiles, maintains, and makes available to the\n public, information on the use and availability of conflict resolution\n techniques so that controversies and conflicts over the local impacts of\n hazardous waste facility siting decisions may be resolved by negotiation,\n mediation or similar techniques;\n\n 5. Encourage, whenever possible, alternatives to land burial of hazardous\n wastes, which will reduce, separate, neutralize, recycle, exchange or destroy\n hazardous wastes; and\n\n 6. Regulate hazardous waste treatment, storage and disposal facilities and\n require that the costs of long-term post-closure care and maintenance of these\n facilities is born by their owners and operators.\n\nB. In addition to its other powers and duties, with regard to certification of\nhazardous waste facility sites the Board shall have the power and duty to:\n\n 1. Subject to the approval of the Governor, request the use of the resources\n and services of any state department or agency for technical assistance in the\n performance of the Board’s duties;\n\n 2. Hold public meetings or hearings on any matter related to the siting of\n hazardous waste facilities;\n\n 3. Coordinate the preparation of and to adopt criteria for the siting of\n hazardous waste facilities;\n\n 4. Grant or deny certification of site approval for construction of hazardous\n waste facilities;\n\n 5. Promulgate regulations and procedures for approval of hazardous waste\n facility sites;\n\n 6. Adopt a schedule of fees to charge applicants and to collect fees for the\n cost of processing applications and site certifications; and\n\n 7. Perform any acts authorized by this chapter under, through or by means of\n its own officers, agents and employees, or by contract with any person.\n\nHISTORY: 1986, c. 492, \u00a7\u00a7 10-287, 10-290; 1988, c. 891.","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}}