{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1446.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1446.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1446.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1446.html"}],"law_id":83997,"edition_id":1,"section_id":83997,"structure_id":12888,"section_number":"10.1-1446","catch_line":"Effect of certification","history":"1986, c. 492, \u00a7 10-302; 1988, c. 891; 2003, c. 940.","full_text":"A\n\nGrant of certification of site approval shall supersede any local ordinance or regulation that is inconsistent with the terms of the certification. Nothing in this chapter shall affect the authority of the host community to enforce its regulations and ordinances to the extent that they are not inconsistent with the terms and conditions of the certification of site approval. Grant of certification shall not preclude or excuse the applicant from the requirement to obtain approval or permits under this chapter or other state or federal laws. The certification shall continue in effect until it is amended, revoked or suspended.B\n\nThe certification may be amended for cause under procedures and regulations prescribed by the Board.C\n\nThe certification shall be terminated or suspended (i) at the request of the owner of the facility; (ii) upon a finding by the Board that conditions of the certification have been violated in a manner that poses a substantial risk to health, safety or the environment; (iii) upon termination of the hazardous waste facility permit by the Director or the EPA Administrator; or (iv) upon a finding by the Board that the applicant has knowingly falsified or failed to provide material information required in the notice of intent and application.D\n\nThe facility owner shall promptly notify the Board of any changes in the ownership of the facility or of any significant changes in capacity or design of the facility.E\n\nNothing in the certification shall constitute a defense to liability in any civil action involving private rights.F\n\nThe Commonwealth may not acquire any site for a facility by eminent domain prior to the time certification of site approval is obtained. However, any agency or representative of the Commonwealth may enter upon a proposed site pursuant to the provisions of § 25.1-203.G\n\nThe governing body of the host community shall have the authority to enforce local regulations and ordinances to the extent provided by subsection A of this section and the terms of the siting agreement. The local governing body may be authorized by the Board to enforce specified provisions of the certification.","order_by":null,"text":{"0":{"id":301029,"text":"Grant of certification of site approval shall supersede any local ordinance or regulation that is inconsistent with the terms of the certification. Nothing in this chapter shall affect the authority of the host community to enforce its regulations and ordinances to the extent that they are not inconsistent with the terms and conditions of the certification of site approval. Grant of certification shall not preclude or excuse the applicant from the requirement to obtain approval or permits under this chapter or other state or federal laws. The certification shall continue in effect until it is amended, revoked or suspended.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301030,"text":"The certification may be amended for cause under procedures and regulations prescribed by the Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301031,"text":"The certification shall be terminated or suspended (i) at the request of the owner of the facility; (ii) upon a finding by the Board that conditions of the certification have been violated in a manner that poses a substantial risk to health, safety or the environment; (iii) upon termination of the hazardous waste facility permit by the Director or the EPA Administrator; or (iv) upon a finding by the Board that the applicant has knowingly falsified or failed to provide material information required in the notice of intent and application.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":301032,"text":"The facility owner shall promptly notify the Board of any changes in the ownership of the facility or of any significant changes in capacity or design of the facility.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":301033,"text":"Nothing in the certification shall constitute a defense to liability in any civil action involving private rights.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":301034,"text":"The Commonwealth may not acquire any site for a facility by eminent domain prior to the time certification of site approval is obtained. However, any agency or representative of the Commonwealth may enter upon a proposed site pursuant to the provisions of § 25.1-203.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":301035,"text":"The governing body of the host community shall have the authority to enforce local regulations and ordinances to the extent provided by subsection A of this section and the terms of the siting agreement. The local governing body may be authorized by the Board to enforce specified provisions of the certification.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1446\/","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 2 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 2003, chapter 940<\/a>.<\/p>","references":[{"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\/"}],"refers_to":false,"permalink":{"id":146453,"object_type":"law","relational_id":83997,"identifier":"10.1-1446","token":"10.1\/II\/14\/6\/10.1-1446","url":"\/10.1-1446\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1446\/","token":"10.1\/II\/14\/6\/10.1-1446","dublin_core":{"Title":"Effect of certification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1446","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Grant of certification<\/span> of site approval shall supersede any local ordinance<\/span> or regulation that is inconsistent with the terms of the certification<\/span>. Nothing in this chapter shall affect the authority of the host community<\/span> to enforce its regulations and ordinances<\/span> to the extent that they are not inconsistent with the terms and conditions of the certification<\/span> of site approval. Grant of certification<\/span> shall not preclude or excuse the applicant<\/span> from the requirement to obtain approval or permits under this chapter or other state or federal laws<\/span>. The certification<\/span> shall continue in effect until it is amended, revoked or suspended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The certification<\/span> may be amended for cause under procedures and regulations prescribed by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The certification<\/span> shall be terminated or suspended (i) at the request of the owner<\/span> of the facility; (ii) upon a finding<\/span> by the Board<\/span> that conditions of the certification<\/span> have been violated in a manner that poses a substantial risk to health, safety or the environment; (iii) upon termination of the hazardous waste facility<\/span> permit by the Director<\/span> or the EPA Administrator; or (iv) upon a finding<\/span> by the Board<\/span> that the applicant<\/span> has knowingly falsified or failed to provide material<\/span> information required in the notice of intent<\/span> and application<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The facility owner<\/span> shall promptly notify the Board<\/span> of any changes in the ownership of the facility or of any significant changes in capacity or design of the facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in the certification<\/span> shall constitute a defense to liability in any civil action<\/span> involving private rights. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Commonwealth may not acquire any site for a facility by eminent domain prior to the time certification<\/span> of site approval is obtained. However, any agency or representative of the Commonwealth may enter upon a proposed site pursuant to the provisions of § 25.1-203<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The governing body of the host community<\/span> shall have the authority to enforce local regulations and ordinances<\/span> to the extent provided by subsection A of this section and the terms of the siting agreement. The local governing body may be authorized by the Board<\/span> to enforce specified provisions of the certification<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF CERTIFICATION (\u00a7 10.1-1446)\n\nA. Grant of certification of site approval shall supersede any local ordinance\nor regulation that is inconsistent with the terms of the certification. Nothing\nin this chapter shall affect the authority of the host community to enforce its\nregulations and ordinances to the extent that they are not inconsistent with the\nterms and conditions of the certification of site approval. Grant of\ncertification shall not preclude or excuse the applicant from the requirement to\nobtain approval or permits under this chapter or other state or federal laws.\nThe certification shall continue in effect until it is amended, revoked or\nsuspended.\n\nB. The certification may be amended for cause under procedures and regulations\nprescribed by the Board.\n\nC. The certification shall be terminated or suspended (i) at the request of the\nowner of the facility; (ii) upon a finding by the Board that conditions of the\ncertification have been violated in a manner that poses a substantial risk to\nhealth, safety or the environment; (iii) upon termination of the hazardous waste\nfacility permit by the Director or the EPA Administrator; or (iv) upon a finding\nby the Board that the applicant has knowingly falsified or failed to provide\nmaterial information required in the notice of intent and application.\n\nD. The facility owner shall promptly notify the Board of any changes in the\nownership of the facility or of any significant changes in capacity or design of\nthe facility.\n\nE. Nothing in the certification shall constitute a defense to liability in any\ncivil action involving private rights.\n\nF. The Commonwealth may not acquire any site for a facility by eminent domain\nprior to the time certification of site approval is obtained. However, any\nagency or representative of the Commonwealth may enter upon a proposed site\npursuant to the provisions of § 25.1-203.\n\nG. The governing body of the host community shall have the authority to enforce\nlocal regulations and ordinances to the extent provided by subsection A of this\nsection and the terms of the siting agreement. The local governing body may be\nauthorized by the Board to enforce specified provisions of the certification.\n\nHISTORY: 1986, c. 492, \u00a7 10-302; 1988, c. 891; 2003, c. 940.","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}}