{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1435.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1435.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1435.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1435.html"}],"law_id":83209,"edition_id":1,"section_id":83209,"structure_id":12888,"section_number":"10.1-1435","catch_line":"Certification of site approval required; &#8220;construction&#8221; defined; remedies","history":"1986, c. 492, \u00a7 10-291; 1988, c. 891.","full_text":"A\n\nNo person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the Board in the manner prescribed herein. For the purpose of this section, &#8220;construct&#8221; and &#8220;construction&#8221; mean (i) with respect to new facilities, the significant alteration of a site to install permanent equipment or structures or the installation of permanent equipment or structures; (ii) with respect to existing facilities, the alteration or expansion of existing structures or facilities to initially accommodate hazardous waste, any expansion of more than fifty percent of the area or capacity of an existing hazardous waste facility, or any change in design or process of a hazardous waste facility that will, in the opinion of the Board, result in a substantially different type of facility. Construction does not include preliminary engineering or site surveys, environmental studies, site acquisition, acquisition of an option to purchase or activities normally incident thereto.B\n\nUpon receiving a written request from the owner or operator of the facility, the Board may allow, without going through the procedures of this article, any changes in the facilities which are designed to:1\n\nPrevent a threat to human health or the environment because of an emergency situation;2\n\nComply with federal or state laws and regulations; or3\n\nDemonstrably result in safer or environmentally more acceptable processes.C\n\nAny person violating this section may be enjoined by the circuit court of the jurisdiction wherein the facility is located or the proposed facility is to be located. Such an action may be instituted by the Board, the Attorney General, or the political subdivision in which the violation occurs. In any such action, it shall not be necessary for the plaintiff to plead or prove irreparable harm or lack of an adequate remedy at law. No person shall be required to post any injunction bond or other security under this section. No action may be brought under this section after a certification of site approval has been issued by the Board, notwithstanding the pendency of any appeals or other challenges to the Board&#8217;s action. In any action under this section, the court may award reasonable costs of litigation, including attorney and expert witness fees, to any party if the party substantially prevails on the merits of the case and if in the determination of the court the party against whom the costs are awarded has acted unreasonably.","order_by":null,"text":{"0":{"id":298127,"text":"No person shall construct or commence construction of a hazardous waste facility without first obtaining a certification of site approval by the Board in the manner prescribed herein. For the purpose of this section, &#8220;construct&#8221; and &#8220;construction&#8221; mean (i) with respect to new facilities, the significant alteration of a site to install permanent equipment or structures or the installation of permanent equipment or structures; (ii) with respect to existing facilities, the alteration or expansion of existing structures or facilities to initially accommodate hazardous waste, any expansion of more than fifty percent of the area or capacity of an existing hazardous waste facility, or any change in design or process of a hazardous waste facility that will, in the opinion of the Board, result in a substantially different type of facility. Construction does not include preliminary engineering or site surveys, environmental studies, site acquisition, acquisition of an option to purchase or activities normally incident thereto.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298128,"text":"Upon receiving a written request from the owner or operator of the facility, the Board may allow, without going through the procedures of this article, any changes in the facilities which are designed to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":298129,"text":"Prevent a threat to human health or the environment because of an emergency situation;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":298130,"text":"Comply with federal or state laws and regulations; or","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":298131,"text":"Demonstrably result in safer or environmentally more acceptable processes.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":298132,"text":"Any person violating this section may be enjoined by the circuit court of the jurisdiction wherein the facility is located or the proposed facility is to be located. Such an action may be instituted by the Board, the Attorney General, or the political subdivision in which the violation occurs. In any such action, it shall not be necessary for the plaintiff to plead or prove irreparable harm or lack of an adequate remedy at law. No person shall be required to post any injunction bond or other security under this section. No action may be brought under this section after a certification of site approval has been issued by the Board, notwithstanding the pendency of any appeals or other challenges to the Board&#8217;s action. In any action under this section, the court may award reasonable costs of litigation, including attorney and expert witness fees, to any party if the party substantially prevails on the merits of the case and if in the determination of the court the party against whom the costs are awarded has acted unreasonably.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1435\/","history_text":"<p>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":false,"refers_to":false,"permalink":{"id":146409,"object_type":"law","relational_id":83209,"identifier":"10.1-1435","token":"10.1\/II\/14\/6\/10.1-1435","url":"\/10.1-1435\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1435\/","token":"10.1\/II\/14\/6\/10.1-1435","dublin_core":{"Title":"Certification of site approval required; &#8220;construction&#8221; defined; remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1435","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">person<\/span> shall <span class=\"dictionary\">construct<\/span> or commence <span class=\"dictionary\">construction<\/span> of a <span class=\"dictionary\">hazardous waste facility<\/span> without first obtaining a <span class=\"dictionary\">certification<\/span> of site approval by the <span class=\"dictionary\">Board<\/span> in the manner prescribed herein. For the purpose of this section, &#8220;<span class=\"dictionary\">construct<\/span>&#8221; and &#8220;<span class=\"dictionary\">construction<\/span>&#8221; mean (i) with respect to new facilities, the significant alteration of a site to install permanent equipment or structures or the installation of permanent equipment or structures; (ii) with respect to existing facilities, the alteration or expansion of existing structures or facilities to initially accommodate hazardous waste, any expansion of more than fifty percent of the area or capacity of an existing <span class=\"dictionary\">hazardous waste facility<\/span>, or any change in design or process of a <span class=\"dictionary\">hazardous waste facility<\/span> that will, in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">Board<\/span>, result in a substantially different type of facility. <span class=\"dictionary\">Construction<\/span> does not include preliminary engineering or site surveys, environmental studies, site acquisition, acquisition of an option to purchase or activities normally incident thereto. <a id=\"paragraph-298127\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon receiving a written request from the <span class=\"dictionary\">owner<\/span> or <span class=\"dictionary\">operator<\/span> of the facility, the <span class=\"dictionary\">Board<\/span> may allow, without going through the procedures of this article, any changes in the facilities which are designed to: <a id=\"paragraph-298128\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Prevent a threat to human health or the environment because of an emergency situation; <a id=\"paragraph-298129\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Comply with federal or state <span class=\"dictionary\">laws<\/span> and regulations; or <a id=\"paragraph-298130\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Demonstrably result in safer or environmentally more acceptable processes. <a id=\"paragraph-298131\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any <span class=\"dictionary\">person<\/span> violating this section may be enjoined by the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> of the <span class=\"dictionary\">jurisdiction<\/span> wherein the facility is located or the proposed facility is to be located. Such an action may be instituted by the <span class=\"dictionary\">Board<\/span>, the <span class=\"dictionary\">Attorney General<\/span>, or the political subdivision in which the violation occurs. In any such action, it shall not be necessary for the <span class=\"dictionary\">plaintiff<\/span> to plead or prove irreparable harm or lack of an adequate remedy at <span class=\"dictionary\">law<\/span>. No <span class=\"dictionary\">person<\/span> shall be required to post any <span class=\"dictionary\">injunction<\/span> <span class=\"dictionary\">bond<\/span> or other security under this section. No action may be brought under this section after a <span class=\"dictionary\">certification<\/span> of site approval has been issued by the <span class=\"dictionary\">Board<\/span>, notwithstanding the pendency of any <span class=\"dictionary\">appeals<\/span> or other challenges to the <span class=\"dictionary\">Board<\/span>&#8217;s action. In any action under this section, the <span class=\"dictionary\">court<\/span> may award reasonable costs of <span class=\"dictionary\">litigation<\/span>, including attorney and <span class=\"dictionary\">expert witness<\/span> fees, to any <span class=\"dictionary\">party<\/span> if the <span class=\"dictionary\">party<\/span> substantially prevails on the merits of the case and if in the determination of the <span class=\"dictionary\">court<\/span> the <span class=\"dictionary\">party<\/span> against whom the costs are awarded has acted unreasonably. <a id=\"paragraph-298132\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/10.1-1435\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTIFICATION OF SITE APPROVAL REQUIRED; &#8220;CONSTRUCTION&#8221; DEFINED;\nREMEDIES (\u00a7 10.1-1435)\n\nA. No person shall construct or commence construction of a hazardous waste\nfacility without first obtaining a certification of site approval by the Board\nin the manner prescribed herein. For the purpose of this section,\n&#8220;construct&#8221; and &#8220;construction&#8221; mean (i) with respect to\nnew facilities, the significant alteration of a site to install permanent\nequipment or structures or the installation of permanent equipment or\nstructures; (ii) with respect to existing facilities, the alteration or\nexpansion of existing structures or facilities to initially accommodate\nhazardous waste, any expansion of more than fifty percent of the area or\ncapacity of an existing hazardous waste facility, or any change in design or\nprocess of a hazardous waste facility that will, in the opinion of the Board,\nresult in a substantially different type of facility. Construction does not\ninclude preliminary engineering or site surveys, environmental studies, site\nacquisition, acquisition of an option to purchase or activities normally\nincident thereto.\n\nB. Upon receiving a written request from the owner or operator of the facility,\nthe Board may allow, without going through the procedures of this article, any\nchanges in the facilities which are designed to:\n\n   1. Prevent a threat to human health or the environment because of an emergency\n   situation;\n\n   2. Comply with federal or state laws and regulations; or\n\n   3. Demonstrably result in safer or environmentally more acceptable processes.\n\nC. Any person violating this section may be enjoined by the circuit court of the\njurisdiction wherein the facility is located or the proposed facility is to be\nlocated. Such an action may be instituted by the Board, the Attorney General, or\nthe political subdivision in which the violation occurs. In any such action, it\nshall not be necessary for the plaintiff to plead or prove irreparable harm or\nlack of an adequate remedy at law. No person shall be required to post any\ninjunction bond or other security under this section. No action may be brought\nunder this section after a certification of site approval has been issued by the\nBoard, notwithstanding the pendency of any appeals or other challenges to the\nBoard&#8217;s action. In any action under this section, the court may award\nreasonable costs of litigation, including attorney and expert witness fees, to\nany party if the party substantially prevails on the merits of the case and if\nin the determination of the court the party against whom the costs are awarded\nhas acted unreasonably.\n\nHISTORY: 1986, c. 492, \u00a7 10-291; 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}}