{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1445.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1445.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1445.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1445.html"}],"law_id":70266,"edition_id":1,"section_id":70266,"structure_id":12888,"section_number":"10.1-1445","catch_line":"Final decision on certification of site approval","history":"1986, c. 492, \u00a7 10-301; 1988, c. 891.","full_text":"A\n\nWithin forty-five days after the close of the public hearing, the Board shall meet within or near the host community and shall vote to issue or deny the certification of site approval. The Board may include in the certification any terms and conditions which it deems necessary and appropriate to protect and prevent injury or adverse risk to health, safety, welfare, the environment and natural resources. At least seven days’ notice of the date, time, place and purpose of the meeting shall be made in the manner provided in § 10.1-1447. No testimony or evidence will be received at the meeting.B\n\nThe Board shall grant the certification of site approval if it finds:1\n\nThat the terms and conditions thereof will protect and prevent injury or unacceptable adverse risk to health, safety, welfare, the environment and natural resources;2\n\nThat the facility will comply and be consistent with the criteria promulgated by the Board; and3\n\nThat the applicant has made reasonable and appropriate efforts to reach a siting agreement with the host community including, though not limited to, efforts to mitigate or compensate the host community and its residents for any adverse economic effects of the facility. This requirement shall not apply when the host community has waived participation pursuant to subsection D of § 10.1-1438.C\n\nThe Board’s decision to grant or deny certification shall be based on the hearing record and shall be accompanied by the written findings of fact and conclusions upon which the decision was based. The Board shall provide the applicant and the governing body of the host community with copies of the decision, together with the findings and conclusions, by certified mail.D\n\nThe grant or denial of certification shall constitute final action by the Board.","order_by":null,"text":{"0":{"id":253716,"text":"Within forty-five days after the close of the public hearing, the Board shall meet within or near the host community and shall vote to issue or deny the certification of site approval. The Board may include in the certification any terms and conditions which it deems necessary and appropriate to protect and prevent injury or adverse risk to health, safety, welfare, the environment and natural resources. At least seven days’ notice of the date, time, place and purpose of the meeting shall be made in the manner provided in § 10.1-1447. No testimony or evidence will be received at the meeting.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253717,"text":"The Board shall grant the certification of site approval if it finds:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":253718,"text":"That the terms and conditions thereof will protect and prevent injury or unacceptable adverse risk to health, safety, welfare, the environment and natural resources;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":253719,"text":"That the facility will comply and be consistent with the criteria promulgated by the Board; and","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":253720,"text":"That the applicant has made reasonable and appropriate efforts to reach a siting agreement with the host community including, though not limited to, efforts to mitigate or compensate the host community and its residents for any adverse economic effects of the facility. This requirement shall not apply when the host community has waived participation pursuant to subsection D of § 10.1-1438.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"5":{"id":253721,"text":"The Board’s decision to grant or deny certification shall be based on the hearing record and shall be accompanied by the written findings of fact and conclusions upon which the decision was based. The Board shall provide the applicant and the governing body of the host community with copies of the decision, together with the findings and conclusions, by certified mail.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"D"},"6":{"id":253722,"text":"The grant or denial of certification shall constitute final action by the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1445\/","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":false,"refers_to":[{"id":67727,"section_number":"10.1-1447","catch_line":"Public participation; notice","order_by":null,"url":"\/10.1-1447\/"}],"permalink":{"id":146449,"object_type":"law","relational_id":70266,"identifier":"10.1-1445","token":"10.1\/II\/14\/6\/10.1-1445","url":"\/10.1-1445\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1445\/","token":"10.1\/II\/14\/6\/10.1-1445","dublin_core":{"Title":"Final decision on certification of site approval","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1445","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within forty-five days after the close of the public hearing<\/span>, the Board<\/span> shall meet within or near the host community<\/span> and shall vote to issue<\/span> or deny the certification<\/span> of site approval. The Board<\/span> may include in the certification<\/span> any terms and conditions which it deems necessary and appropriate to protect and prevent injury or adverse risk to health, safety, welfare, the environment and natural resources. At least seven days’ notice of the date, time, place and purpose of the meeting shall be made in the manner provided in § 10.1-1447<\/a>. No testimony<\/span> or evidence<\/span> will be received at the meeting. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> shall grant the certification<\/span> of site approval if it finds: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the terms and conditions thereof will protect and prevent injury or unacceptable adverse risk to health, safety, welfare, the environment and natural resources; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the facility<\/span> will comply and be consistent with the criteria<\/span> promulgated by the Board<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That the applicant<\/span> has made reasonable and appropriate efforts to reach a siting agreement with the host community<\/span> including, though not limited to, efforts to mitigate or compensate the host community<\/span> and its residents for any adverse economic effects of the facility<\/span>. This requirement shall not apply when the host community<\/span> has waived participation pursuant to subsection D of § 10.1-1438<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span>’s decision to grant or deny certification<\/span> shall be based on the hearing<\/span> record and shall be accompanied by the written findings<\/span> of fact<\/span> and conclusions upon which the decision was based. The Board<\/span> shall provide the applicant<\/span> and the governing body of the host community<\/span> with copies of the decision, together with the findings<\/span> and conclusions, by certified mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The grant or denial of certification<\/span> shall constitute final action by the Board<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFINAL DECISION ON CERTIFICATION OF SITE APPROVAL (\u00a7 10.1-1445)\n\nA. Within forty-five days after the close of the public hearing, the Board shall\nmeet within or near the host community and shall vote to issue or deny the\ncertification of site approval. The Board may include in the certification any\nterms and conditions which it deems necessary and appropriate to protect and\nprevent injury or adverse risk to health, safety, welfare, the environment and\nnatural resources. At least seven days’ notice of the date, time, place\nand purpose of the meeting shall be made in the manner provided in §\n10.1-1447. No testimony or evidence will be received at the meeting.\n\nB. The Board shall grant the certification of site approval if it finds:\n\n 1. That the terms and conditions thereof will protect and prevent injury or\n unacceptable adverse risk to health, safety, welfare, the environment and\n natural resources;\n\n 2. That the facility will comply and be consistent with the criteria\n promulgated by the Board; and\n\n 3. That the applicant has made reasonable and appropriate efforts to reach a\n siting agreement with the host community including, though not limited to,\n efforts to mitigate or compensate the host community and its residents for any\n adverse economic effects of the facility. This requirement shall not apply\n when the host community has waived participation pursuant to subsection D of\n § 10.1-1438.\n\nC. The Board’s decision to grant or deny certification shall be based on\nthe hearing record and shall be accompanied by the written findings of fact and\nconclusions upon which the decision was based. The Board shall provide the\napplicant and the governing body of the host community with copies of the\ndecision, together with the findings and conclusions, by certified mail.\n\nD. The grant or denial of certification shall constitute final action by the\nBoard.\n\nHISTORY: 1986, c. 492, \u00a7 10-301; 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}}