{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1441.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1441.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1441.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1441.html"}],"law_id":74593,"edition_id":1,"section_id":74593,"structure_id":12888,"section_number":"10.1-1441","catch_line":"Application for certification of site approval","history":"1986, c. 492, \u00a7 10-297; 1988, c. 891.","full_text":"A\n\nAt any time within six months after submission of the final impact analysis, the applicant may submit to the Board an application for certification of site approval. The application shall contain:1\n\nConceptual engineering designs for the proposed facility;2\n\nA detailed description of the facility’s suitability to meet the criteria promulgated by the Board, including any design and operation measures that will be necessary or otherwise undertaken to meet the criteria; and3\n\nA siting agreement, if one has been executed pursuant to subsection C of § 10.1-1442, or, if none has been executed, a statement to that effect.B\n\nThe application shall be accompanied by whatever fee the Board, by regulation, prescribes pursuant to § 10.1-1434.C\n\nThe Board shall review the application for completeness and notify the applicant within fifteen days of receipt that the application is incomplete or complete.\n\t\t\tIf the application is incomplete, the Board shall advise the applicant of the information necessary to make the application complete. The Board shall take no further action until the application is complete.\n\t\t\tIf the application is complete, the Board shall direct the applicant to furnish copies of the application to the following: five to the host community, one to the Director, and one to each person owning property adjoining the proposed site. At least one copy of the application shall be made available by the applicant for inspection and copying at a convenient place in a host community during normal business hours.D\n\nThe Board shall cause notice of the application to be made in the manner provided in § 10.1-1447 and shall notify each governing body that upon publication of the notice the governing body shall conclude all negotiations with the applicant within thirty days of publication of the notice. The applicant and the governing body may, by agreement, extend the time for negotiation to a fixed date and shall forthwith notify the Board of this date. The Board may also extend the time to a fixed date for good cause shown.\n\t\t\tIf the host community has waived participation under the provisions of subsection D of § 10.1-1438, the Board shall, at the time that notice of the application is made, request that the governing body submit, within thirty days of receiving notice, a report meeting the requirements of subdivision 2 of subsection E of this section.E\n\nAt the end of the period specified in subsection D of this section, a governing body shall submit to the Board and to the applicant a report containing:1\n\nA complete siting agreement, if any, or in case of failure to reach full agreement, a description of points of agreement and unresolved points; and2\n\nAny conditions or restrictions on the construction, operation or design of the facility that are required by local ordinance.F\n\nIf the report is not submitted within the time required, the Board may proceed as specified in subsection A of § 10.1-1443.G\n\nThe applicant may submit comments on the report of the governing body at any time prior to the issuance of the draft certification of site approval.H\n\nNotwithstanding any other provision of this chapter, if the host community has notified the Board, pursuant to subsection D of § 10.1-1438, that it has elected to waive further participation hereunder, the Board shall so notify the applicant within fifteen days of receipt of notice from the host community, and shall advise the applicant of the time for submitting its application for certification of site approval. The applicant shall submit its application within the time prescribed by the Board, which time shall not be less than ninety days unless the applicant agrees to a shorter time.","order_by":null,"text":{"0":{"id":268070,"text":"At any time within six months after submission of the final impact analysis, the applicant may submit to the Board an application for certification of site approval. The application shall contain:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":268071,"text":"Conceptual engineering designs for the proposed facility;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":268072,"text":"A detailed description of the facility’s suitability to meet the criteria promulgated by the Board, including any design and operation measures that will be necessary or otherwise undertaken to meet the criteria; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":268073,"text":"A siting agreement, if one has been executed pursuant to subsection C of § 10.1-1442, or, if none has been executed, a statement to that effect.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":268074,"text":"The application shall be accompanied by whatever fee the Board, by regulation, prescribes pursuant to § 10.1-1434.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":268075,"text":"The Board shall review the application for completeness and notify the applicant within fifteen days of receipt that the application is incomplete or complete.\n\t\t\tIf the application is incomplete, the Board shall advise the applicant of the information necessary to make the application complete. The Board shall take no further action until the application is complete.\n\t\t\tIf the application is complete, the Board shall direct the applicant to furnish copies of the application to the following: five to the host community, one to the Director, and one to each person owning property adjoining the proposed site. At least one copy of the application shall be made available by the applicant for inspection and copying at a convenient place in a host community during normal business hours.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":268076,"text":"The Board shall cause notice of the application to be made in the manner provided in § 10.1-1447 and shall notify each governing body that upon publication of the notice the governing body shall conclude all negotiations with the applicant within thirty days of publication of the notice. The applicant and the governing body may, by agreement, extend the time for negotiation to a fixed date and shall forthwith notify the Board of this date. The Board may also extend the time to a fixed date for good cause shown.\n\t\t\tIf the host community has waived participation under the provisions of subsection D of § 10.1-1438, the Board shall, at the time that notice of the application is made, request that the governing body submit, within thirty days of receiving notice, a report meeting the requirements of subdivision 2 of subsection E of this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":268077,"text":"At the end of the period specified in subsection D of this section, a governing body shall submit to the Board and to the applicant a report containing:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"8":{"id":268078,"text":"A complete siting agreement, if any, or in case of failure to reach full agreement, a description of points of agreement and unresolved points; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"9":{"id":268079,"text":"Any conditions or restrictions on the construction, operation or design of the facility that are required by local ordinance.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"10":{"id":268080,"text":"If the report is not submitted within the time required, the Board may proceed as specified in subsection A of § 10.1-1443.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2","next_prefix":"G"},"11":{"id":268081,"text":"The applicant may submit comments on the report of the governing body at any time prior to the issuance of the draft certification of site approval.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"12":{"id":268082,"text":"Notwithstanding any other provision of this chapter, if the host community has notified the Board, pursuant to subsection D of § 10.1-1438, that it has elected to waive further participation hereunder, the Board shall so notify the applicant within fifteen days of receipt of notice from the host community, and shall advise the applicant of the time for submitting its application for certification of site approval. The applicant shall submit its application within the time prescribed by the Board, which time shall not be less than ninety days unless the applicant agrees to a shorter time.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1441\/","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":58054,"section_number":"10.1-1443","catch_line":"Draft certification of site approval","order_by":null,"url":"\/10.1-1443\/"},{"id":79544,"section_number":"2.2-3705.7","catch_line":"Exclusions to application of chapter; records of specific public bodies and certain other limited exclusions","order_by":null,"url":"\/2.2-3705.7\/"}],"refers_to":[{"id":54011,"section_number":"10.1-1438","catch_line":"Powers of governing body of host community; technical assistance","order_by":null,"url":"\/10.1-1438\/"},{"id":69857,"section_number":"10.1-1442","catch_line":"Negotiations; siting agreement","order_by":null,"url":"\/10.1-1442\/"},{"id":67727,"section_number":"10.1-1447","catch_line":"Public participation; notice","order_by":null,"url":"\/10.1-1447\/"}],"permalink":{"id":146433,"object_type":"law","relational_id":74593,"identifier":"10.1-1441","token":"10.1\/II\/14\/6\/10.1-1441","url":"\/10.1-1441\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1441\/","token":"10.1\/II\/14\/6\/10.1-1441","dublin_core":{"Title":"Application for certification of site approval","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1441","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At any time within six months after submission of the final impact analysis, the applicant<\/span> may submit to the Board<\/span> an application<\/span> for certification<\/span> of site approval. The application<\/span> shall contain: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Conceptual engineering designs for the proposed facility<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A detailed description of the facility<\/span>’s suitability to meet the criteria<\/span> promulgated by the Board<\/span>, including any design and operation measures that will be necessary or otherwise undertaken to meet the criteria<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A siting agreement, if one has been executed pursuant to subsection C of § 10.1-1442<\/a>, or, if none has been executed, a statement to that effect. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The application<\/span> shall be accompanied by whatever fee the Board<\/span>, by regulation, prescribes pursuant to § 10.1-1434<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall review the application<\/span> for completeness and notify the applicant<\/span> within fifteen days of receipt that the application<\/span> is incomplete or complete.\n\t\t\tIf the application<\/span> is incomplete, the Board<\/span> shall advise the applicant<\/span> of the information necessary to make the application<\/span> complete. The Board<\/span> shall take no further action until the application<\/span> is complete.\n\t\t\tIf the application<\/span> is complete, the Board<\/span> shall direct the applicant<\/span> to furnish copies of the application<\/span> to the following: five to the host community<\/span>, one to the Director<\/span>, and one to each person<\/span> owning property adjoining the proposed site. At least one copy of the application<\/span> shall be made available by the applicant<\/span> for inspection and copying at a convenient place in a host community<\/span> during normal business hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall cause notice of the application<\/span> to be made in the manner provided in § 10.1-1447<\/a> and shall notify each governing body that upon publication of the notice the governing body shall conclude all negotiations with the applicant<\/span> within thirty days of publication of the notice. The applicant<\/span> and the governing body may, by agreement, extend the time for negotiation to a fixed date and shall forthwith notify the Board<\/span> of this date. The Board<\/span> may also extend the time to a fixed date for good cause shown.\n\t\t\tIf the host community<\/span> has waived participation under the provisions of subsection D of § 10.1-1438<\/a>, the Board<\/span> shall, at the time that notice of the application<\/span> is made, request that the governing body submit, within thirty days of receiving notice, a report meeting the requirements of subdivision 2 of subsection E of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the end of the period specified in subsection D of this section, a governing body shall submit to the Board<\/span> and to the applicant<\/span> a report containing: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A complete siting agreement, if any, or in case of failure to reach full agreement, a description of points of agreement and unresolved points; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any conditions or restrictions on the construction, operation or design of the facility<\/span> that are required by local ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the report is not submitted within the time required, the Board<\/span> may proceed as specified in subsection A of § 10.1-1443<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The applicant<\/span> may submit comments on the report of the governing body at any time prior to the issuance of the draft certification<\/span> of site approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any other provision of this chapter, if the host community<\/span> has notified the Board<\/span>, pursuant to subsection D of § 10.1-1438<\/a>, that it has elected to waive<\/span> further participation hereunder, the Board<\/span> shall so notify the applicant<\/span> within fifteen days of receipt of notice from the host community<\/span>, and shall advise the applicant<\/span> of the time for submitting its application<\/span> for certification<\/span> of site approval. The applicant<\/span> shall submit its application<\/span> within the time prescribed by the Board<\/span>, which time shall not be less than ninety days unless the applicant<\/span> agrees to a shorter time. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION FOR CERTIFICATION OF SITE APPROVAL (\u00a7 10.1-1441)\n\nA. At any time within six months after submission of the final impact analysis,\nthe applicant may submit to the Board an application for certification of site\napproval. The application shall contain:\n\n 1. Conceptual engineering designs for the proposed facility;\n\n 2. A detailed description of the facility’s suitability to meet the\n criteria promulgated by the Board, including any design and operation measures\n that will be necessary or otherwise undertaken to meet the criteria; and\n\n 3. A siting agreement, if one has been executed pursuant to subsection C of\n § 10.1-1442, or, if none has been executed, a statement to that effect.\n\nB. The application shall be accompanied by whatever fee the Board, by\nregulation, prescribes pursuant to § 10.1-1434.\n\nC. The Board shall review the application for completeness and notify the\napplicant within fifteen days of receipt that the application is incomplete or\ncomplete.\n\t\t\tIf the application is incomplete, the Board shall advise the applicant of the\ninformation necessary to make the application complete. The Board shall take no\nfurther action until the application is complete.\n\t\t\tIf the application is complete, the Board shall direct the applicant to\nfurnish copies of the application to the following: five to the host community,\none to the Director, and one to each person owning property adjoining the\nproposed site. At least one copy of the application shall be made available by\nthe applicant for inspection and copying at a convenient place in a host\ncommunity during normal business hours.\n\nD. The Board shall cause notice of the application to be made in the manner\nprovided in § 10.1-1447 and shall notify each governing body that upon\npublication of the notice the governing body shall conclude all negotiations\nwith the applicant within thirty days of publication of the notice. The\napplicant and the governing body may, by agreement, extend the time for\nnegotiation to a fixed date and shall forthwith notify the Board of this date.\nThe Board may also extend the time to a fixed date for good cause shown.\n\t\t\tIf the host community has waived participation under the provisions of\nsubsection D of § 10.1-1438, the Board shall, at the time that notice of\nthe application is made, request that the governing body submit, within thirty\ndays of receiving notice, a report meeting the requirements of subdivision 2 of\nsubsection E of this section.\n\nE. At the end of the period specified in subsection D of this section, a\ngoverning body shall submit to the Board and to the applicant a report\ncontaining:\n\n 1. A complete siting agreement, if any, or in case of failure to reach full\n agreement, a description of points of agreement and unresolved points; and\n\n 2. Any conditions or restrictions on the construction, operation or design of\n the facility that are required by local ordinance.\n\nF. If the report is not submitted within the time required, the Board may\nproceed as specified in subsection A of § 10.1-1443.\n\nG. The applicant may submit comments on the report of the governing body at any\ntime prior to the issuance of the draft certification of site approval.\n\nH. Notwithstanding any other provision of this chapter, if the host community\nhas notified the Board, pursuant to subsection D of § 10.1-1438, that it\nhas elected to waive further participation hereunder, the Board shall so notify\nthe applicant within fifteen days of receipt of notice from the host community,\nand shall advise the applicant of the time for submitting its application for\ncertification of site approval. The applicant shall submit its application\nwithin the time prescribed by the Board, which time shall not be less than\nninety days unless the applicant agrees to a shorter time.\n\nHISTORY: 1986, c. 492, \u00a7 10-297; 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}}