                                 CODE OF VIRGINIA

SPECIAL ORDERS; PENALTIES (§ 10.1-1309.1)

The Department is authorized to issue special orders in compliance with the
Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file
with the Department a plan to abate, control, prevent, remove, or contain any
substantial and imminent threat to public health or the environment that is
reasonably likely to occur if such source ceases operations. Such plan shall
also include a demonstration of financial capability to implement the plan.
Financial capability may be demonstrated by the establishment of an escrow
account, the creation of a trust fund to be maintained within the Department,
submission of a bond, corporate guarantee based on audited financial statements,
or such other instruments as the Department may deem appropriate. The Department
may require that such plan and instruments be updated as appropriate. The
Department shall give due consideration to any plan submitted by the owner in
accordance with §§ 10.1-1410, 10.1-1428, and 62.1-44.15:1.1, in determining
the necessity for and suitability of any plan submitted under this section.
		For the purposes of this section, &#8220;ceases operation&#8221; means to
cease conducting the normal operation of a source which is regulated under this
chapter under circumstances where it would be reasonable to expect that such
operation will not be resumed by the owner at the source. The term shall not
include the sale or transfer of a source in the ordinary course of business or a
permit transfer in accordance with Board regulations.
		Any person who ceases operations and who knowingly and willfully fails to
implement a closure plan or to provide adequate funds for implementation of such
plan shall, if such failure results in a significant harm or an imminent and
substantial threat of significant harm to human health or the environment, be
liable to the Commonwealth and any political subdivision thereof for the costs
incurred in abating, controlling, preventing, removing, or containing such harm
or threat.
		Any person who ceases operations and who knowingly and willfully fails to
implement a closure plan or to provide adequate funds for implementation of such
plan shall, if such failure results in a significant harm or an imminent and
substantial threat of significant harm to human health or the environment, be
guilty of a Class 4 felony.

HISTORY: 1991, c. 702; 2022, c. 356.