{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/62.1-44.34_38.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/62.1-44.34_38.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/62.1-44.34_38.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/62.1-44.34_38.html"}],"law_id":80209,"edition_id":1,"section_id":80209,"structure_id":14502,"section_number":"62.1-44.34:38","catch_line":"Recordkeeping and access to records and facilities","history":"2025, c. 279.","full_text":"A\n\nAll records relating to compliance with the requirements of this article shall be maintained by the operator of a facility at the facility or at an alternate location approved by the Department for a period of at least five years. Such records shall be available for inspection and copying by the Department and shall include all records relating to discharge events or other discharges of hazardous substances from the facility and all supporting documentation for developed facility response plans.B\n\nA record of all discharges of hazardous substances to state lands in amounts less than the reportable quantity in 40 C.F.R. Part 117 shall be established and maintained for a period of five years in accordance with subsection A.C\n\nEvery operator of a facility shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances, the local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility to have access to and to copy all information required to be kept in subsections A and B.D\n\nAny local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility may enter and inspect any facility at a reasonable time and under reasonable circumstances, provided that in nonemergency situations such local director, coordinator, or a designated agent of such local director or coordinator shall be accompanied by the operator or his designee.E\n\nThe Director may withhold information submitted or obtained pursuant to this section from public disclosure pursuant to (i) an exemption provided under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), (ii) confidentiality claims asserted at the time of submission pursuant to § 62.1-44.21, or (iii) requirements set forth by the U.S. Department of Homeland Security.","order_by":null,"text":{"0":{"id":287122,"text":"All records relating to compliance with the requirements of this article shall be maintained by the operator of a facility at the facility or at an alternate location approved by the Department for a period of at least five years. Such records shall be available for inspection and copying by the Department and shall include all records relating to discharge events or other discharges of hazardous substances from the facility and all supporting documentation for developed facility response plans.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":287123,"text":"A record of all discharges of hazardous substances to state lands in amounts less than the reportable quantity in 40 C.F.R. Part 117 shall be established and maintained for a period of five years in accordance with subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":287124,"text":"Every operator of a facility shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances, the local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility to have access to and to copy all information required to be kept in subsections A and B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":287125,"text":"Any local director or coordinator of emergency services appointed pursuant to § 44-146.19 for the political subdivision in which the facility is located or of any political subdivision within one mile of the facility may enter and inspect any facility at a reasonable time and under reasonable circumstances, provided that in nonemergency situations such local director, coordinator, or a designated agent of such local director or coordinator shall be accompanied by the operator or his designee.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":287126,"text":"The Director may withhold information submitted or obtained pursuant to this section from public disclosure pursuant to (i) an exemption provided under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), (ii) confidentiality claims asserted at the time of submission pursuant to § 62.1-44.21, or (iii) requirements set forth by the U.S. Department of Homeland Security.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14502,"edition_id":1,"name":"Hazardous Substance Facility Response Plans","identifier":"14","label":"article","depth":3,"order_by":1,"parent_id":13014,"metadata":{},"date_created":"2026-06-26 03:48:23","date_modified":"2026-06-26 03:48:23","permalink":{"id":269321,"object_type":"structure","relational_id":14502,"identifier":"14","token":"62.1\/3.1\/14","url":"\/62.1\/3.1\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13014,"edition_id":1,"name":"State Water Control Law","identifier":"3.1","label":"chapter","depth":2,"order_by":1,"parent_id":12909,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":269169,"object_type":"structure","relational_id":13014,"identifier":"3.1","token":"62.1\/3.1","url":"\/62.1\/3.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12909,"edition_id":1,"name":"Waters of the State, Ports and Harbors","identifier":"62.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:00","date_modified":"2026-06-26 03:44:00","permalink":{"id":268199,"object_type":"structure","relational_id":12909,"identifier":"62.1","token":"62.1","url":"\/62.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80301,"structure_id":14502,"section_number":"62.1-44.34:35","catch_line":"Definitions. ","url":"\/62.1-44.34_35\/","token":"62.1\/3.1\/14\/62.1-44.34_35","metadata":false},{"id":59193,"structure_id":14502,"section_number":"62.1-44.34:36","catch_line":"Evidence of hazardous substance facility response plan required","url":"\/62.1-44.34_36\/","token":"62.1\/3.1\/14\/62.1-44.34_36","metadata":false},{"id":69197,"structure_id":14502,"section_number":"62.1-44.34:37","catch_line":"Reporting of hazardous substance discharge","url":"\/62.1-44.34_37\/","token":"62.1\/3.1\/14\/62.1-44.34_37","metadata":false},{"id":80209,"structure_id":14502,"section_number":"62.1-44.34:38","catch_line":"Recordkeeping and access to records and facilities","url":"\/62.1-44.34_38\/","token":"62.1\/3.1\/14\/62.1-44.34_38","metadata":false},{"id":55912,"structure_id":14502,"section_number":"62.1-44.34:39","catch_line":"Enforcement; civil penalties","url":"\/62.1-44.34_39\/","token":"62.1\/3.1\/14\/62.1-44.34_39","metadata":false}],"previous_section":{"id":69197,"structure_id":14502,"section_number":"62.1-44.34:37","catch_line":"Reporting of hazardous substance discharge","url":"\/62.1-44.34_37\/","token":"62.1\/3.1\/14\/62.1-44.34_37","metadata":false},"next_section":{"id":55912,"structure_id":14502,"section_number":"62.1-44.34:39","catch_line":"Enforcement; civil penalties","url":"\/62.1-44.34_39\/","token":"62.1\/3.1\/14\/62.1-44.34_39","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/62.1-44.34:38\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapter 279<\/a> 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.<\/p>","references":false,"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":85193,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","order_by":null,"url":"\/44-146.19\/"},{"id":69438,"section_number":"62.1-44.21","catch_line":"Information to be furnished to Board","order_by":null,"url":"\/62.1-44.21\/"}],"permalink":{"id":269335,"object_type":"law","relational_id":80209,"identifier":"62.1-44.34:38","token":"62.1\/3.1\/14\/62.1-44.34_38","url":"\/62.1-44.34_38\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/62.1-44.34_38\/","token":"62.1\/3.1\/14\/62.1-44.34_38","dublin_core":{"Title":"Recordkeeping and access to records and facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 62.1-44.34:38","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All records relating to compliance with the requirements of this article shall be maintained by the operator<\/span> of a facility<\/span> at the facility<\/span> or at an alternate location approved by the Department<\/span> for a period of at least five years. Such records shall be available for inspection and copying by the Department<\/span> and shall include all records relating to discharge<\/span> events or other discharges<\/span> of hazardous substances<\/span> from the facility<\/span> and all supporting documentation for developed facility<\/span> response plans. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A record of all discharges<\/span> of hazardous substances<\/span> to state lands in amounts less than the reportable quantity in 40 C.F.R. Part 117 shall be established and maintained for a period of five years in accordance with subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Every operator<\/span> of a facility<\/span> shall, upon reasonable notice, permit at reasonable times and under reasonable circumstances, the local director<\/span> or coordinator of emergency services appointed pursuant to § 44-146.19<\/a> for the political subdivision in which the facility<\/span> is located or of any political subdivision within one mile of the facility<\/span> to have access to and to copy all information required to be kept in subsections A and B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any local director<\/span> or coordinator of emergency services appointed pursuant to § 44-146.19<\/a> for the political subdivision in which the facility<\/span> is located or of any political subdivision within one mile of the facility<\/span> may enter and inspect any facility<\/span> at a reasonable time and under reasonable circumstances, provided that in nonemergency situations such local director<\/span>, coordinator, or a designated agent of such local director<\/span> or coordinator shall be accompanied by the operator<\/span> or his designee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Director<\/span> may withhold information submitted or obtained pursuant to this section from public disclosure pursuant to (i) an exemption provided under the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.), (ii) confidentiality claims asserted at the time of submission pursuant to § 62.1-44.21<\/a>, or (iii) requirements set forth by the U.S. Department<\/span> of Homeland Security. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECORDKEEPING AND ACCESS TO RECORDS AND FACILITIES (\u00a7 62.1-44.34:38)\n\nA. All records relating to compliance with the requirements of this article\nshall be maintained by the operator of a facility at the facility or at an\nalternate location approved by the Department for a period of at least five\nyears. Such records shall be available for inspection and copying by the\nDepartment and shall include all records relating to discharge events or other\ndischarges of hazardous substances from the facility and all supporting\ndocumentation for developed facility response plans.\n\nB. A record of all discharges of hazardous substances to state lands in amounts\nless than the reportable quantity in 40 C.F.R. Part 117 shall be established and\nmaintained for a period of five years in accordance with subsection A.\n\nC. Every operator of a facility shall, upon reasonable notice, permit at\nreasonable times and under reasonable circumstances, the local director or\ncoordinator of emergency services appointed pursuant to § 44-146.19 for the\npolitical subdivision in which the facility is located or of any political\nsubdivision within one mile of the facility to have access to and to copy all\ninformation required to be kept in subsections A and B.\n\nD. Any local director or coordinator of emergency services appointed pursuant to\n§ 44-146.19 for the political subdivision in which the facility is located\nor of any political subdivision within one mile of the facility may enter and\ninspect any facility at a reasonable time and under reasonable circumstances,\nprovided that in nonemergency situations such local director, coordinator, or a\ndesignated agent of such local director or coordinator shall be accompanied by\nthe operator or his designee.\n\nE. The Director may withhold information submitted or obtained pursuant to this\nsection from public disclosure pursuant to (i) an exemption provided under the\nVirginia Freedom of Information Act (§ 2.2-3700 et seq.), (ii)\nconfidentiality claims asserted at the time of submission pursuant to §\n62.1-44.21, or (iii) requirements set forth by the U.S. Department of Homeland\nSecurity.\n\nHISTORY: 2025, c. 279.","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}}