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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67653</law_id><section_number>10.1-2502</section_number><catch_line>Disbursements from the Fund; transfer of funds to the Small Business Environmental Compliance Assistance Fund</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>10.1-1197.2</reference><reference>10.1-2501</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="10.1">Conservation</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Activities Administered by the Department of Historic Resources</unit><unit label="chapter" level="3" order_by="1" identifier="25">Virginia Environmental Emergency Response Fund</unit></structure><text>
						<section><p>The disbursement of moneys from the Fund shall be made by the State Comptroller at the written request of the <span class="dictionary">Director</span> of the <span class="dictionary">Department</span> of Environmental Quality. The <span class="dictionary">Director</span> shall have the authority to access the Fund for up to $100,000 per occurrence as long as the disbursement does not exceed the balance for the agency account. If the <span class="dictionary">Director</span> requests a disbursement in excess of $100,000 or an amount exceeding the remaining agency balance, the disbursement shall require the written approval of the Governor. The <span class="dictionary">Department</span> of Environmental Quality shall develop guidelines which, after approval by the Governor, determine how the Fund can be used for the purposes described herein.
		Disbursements from the Fund may be made for the purposes outlined in &#xA7;&#xA0;<a class="law" title="Virginia Environmental Emergency Response Fund established" href="/10.1-2500/">10.1-2500</a>, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the above-mentioned agencies or by any other agency or political subdivision, acting at the direction of one of the above-mentioned agencies, in and for preventing or alleviating damage, loss, hardship, or suffering caused by environmental pollution incidents.
		The agency shall promptly seek reimbursement from any person causing or contributing to an environmental pollution incident for all sums disbursed from the Fund for the protection, relief and recovery from loss or damage caused by such person. In the event a request for reimbursement is not paid within sixty days of receipt of a written demand, the claim shall be referred to the <span class="dictionary">Attorney General</span> for collection. The agency shall be allowed to recover all legal and <span class="dictionary">court</span> costs and other expenses incident to such actions for collection.
		In any year in which the Fund balance exceeds two million dollars, the <span class="dictionary">Director</span> may transfer such excess amount to the Small Business Environmental Compliance Assistance Fund established pursuant to &#xA7;&#xA0;<a class="law" title="Small Business Environmental Compliance Assistance Fund established; administration; collection of money" href="/10.1-1197.2/">10.1-1197.2</a>.</p></section></text><history>1991, c. 718; 1992, c. 887; 1997, cc. 624, 850.</history><metadata></metadata></law>
