                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE BOARD (§ 10.1-1402)

The Board shall carry out the purposes and provisions of this chapter and
compatible provisions of federal acts and is authorized to:

1. Supervise and control waste management activities in the Commonwealth.

2. Consult, advise and coordinate with the Governor, the Secretary, the General
Assembly, and other state and federal agencies for the purpose of implementing
this chapter and the federal acts.

3. Provide technical assistance and advice concerning all aspects of waste
management.

4. Develop and keep current state waste management plans and provide technical
assistance, advice and other aid for the development and implementation of local
and regional waste management plans.

5. Promote the development of resource conservation and resource recovery
systems and provide technical assistance and advice on resource conservation,
resource recovery and resource recovery systems.

6. Collect data necessary to conduct the state waste programs, including data on
the identification of and amounts of waste generated, transported, stored,
treated or disposed, and resource recovery.

7. Require any person who generates, collects, transports, stores or provides
treatment or disposal of a hazardous waste to maintain records, manifests and
reporting systems required pursuant to federal statute or regulation.

8. Designate, in accordance with criteria and listings identified under federal
statute or regulation, classes, types or lists of waste that it deems to be
hazardous.

9. Consult and coordinate with the heads of appropriate state and federal
agencies, independent regulatory agencies and other governmental
instrumentalities for the purpose of achieving maximum effectiveness and
enforcement of this chapter while imposing the least burden of duplicative
requirements on those persons subject to the provisions of this chapter.

10. Apply for federal funds and transmit such funds to appropriate persons.

11. Promulgate and enforce regulations, and provide for reasonable variances and
exemptions necessary to carry out its powers and duties and the intent of this
chapter and the federal acts, except that a description of provisions of any
proposed regulation which are more restrictive than applicable federal
requirements, together with the reason why the more restrictive provisions are
needed, shall be provided to the standing committee of each house of the General
Assembly to which matters relating to the content of the regulation are most
properly referable.

12. Subject to the approval of the Governor, acquire by purchase, exercise of
the right of eminent domain as provided in Chapter 2 (&#xA7; 25.1-200 et seq.)
of Title 25.1, grant, gift, devise or otherwise, the fee simple title to any
lands, selected in the discretion of the Board as constituting necessary and
appropriate sites to be used for the management of hazardous waste as defined in
this chapter, including lands adjacent to the site as the Board may deem
necessary or suitable for restricted areas. In all instances the Board shall
dedicate lands so acquired in perpetuity to such purposes. In its selection of a
site pursuant to this subdivision, the Board shall consider the appropriateness
of any state-owned property for a disposal site in accordance with the criteria
for selection of a hazardous waste management site.

13. Assume responsibility for the perpetual custody and maintenance of any
hazardous waste management facilities.

14. Collect, from any person operating or using a hazardous waste management
facility, fees sufficient to finance such perpetual custody and maintenance due
to that facility as may be necessary. All fees received by the Board pursuant to
this subdivision shall be used exclusively to satisfy the responsibilities
assumed by the Board for the perpetual custody and maintenance of hazardous
waste management facilities.
			15a. Collect, from any person operating or proposing to operate a hazardous
waste treatment, storage or disposal facility or any person transporting
hazardous waste, permit fees sufficient to defray only costs related to the
issuance of permits as required in this chapter in accordance with Board
regulations, but such fees shall not exceed costs necessary to implement this
subdivision. All fees received by the Board pursuant to this subdivision shall
be used exclusively for the hazardous waste management program set forth herein.
			15b. Collect fees from large quantity generators of hazardous wastes.

16. Collect, from any person operating or proposing to operate a sanitary
landfill or other facility for the disposal, treatment or storage of
nonhazardous solid waste: (i) permit application fees sufficient to defray only
costs related to the issuance, reissuance, amendment or modification of permits
as required in this chapter in accordance with Board regulations, but such fees
shall not exceed costs necessary to issue, reissue, amend or modify such permits
and (ii) annual fees established pursuant to &#xA7; 10.1-1402.1:1. All such fees
received by the Board shall be used exclusively for the solid waste management
program set forth herein. The Board shall establish a schedule of fees by
regulation as provided in &#xA7;&#xA7; 10.1-1402.1, 10.1-1402.2 and 10.1-1402.3.

17. Issue, deny, amend and revoke certification of site suitability for
hazardous waste facilities in accordance with this chapter.

18. Make separate orders and regulations it deems necessary to meet any
emergency to protect public health, natural resources and the environment from
the release or imminent threat of release of waste.

19. Take actions to contain or clean up any site or to issue orders to require
cleanup of any site where (i) solid or hazardous waste, or another substance
within the jurisdiction of the Board, has been improperly managed or (ii) an
open dump has been created, and to institute legal proceedings to recover the
costs of the containment or clean-up activities from any responsible party. Such
responsible party shall include any party, including the owner or operator or
any other person, who caused the site to become an open dump or who caused or
arranged for the improper management of such solid or hazardous waste or other
substance within the jurisdiction of the Board.

20. Collect, hold, manage and disburse funds received for violations of solid
and hazardous waste laws and regulations or court orders pertaining thereto
pursuant to subdivision 19 of this section for the purpose of responding to
solid or hazardous waste incidents and clean-up of sites that have been
improperly managed, including sites eligible for a joint federal and state
remedial project under the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, Public Law 96-510, as amended by the
Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, and for
investigations to identify parties responsible for such mismanagement.

21. Abate hazards and nuisances dangerous to public health, safety or the
environment, both emergency and otherwise, created by the improper disposal,
treatment, storage, transportation or management of substances within the
jurisdiction of the Board.

22. Notwithstanding any other provision of law to the contrary, regulate the
management of mixed radioactive waste.

23. [Expired.]

HISTORY: 1986, cc. 492, 566, § 10-266; 1987, c. 122; 1988, cc. 117, 891; 1990,
cc. 499, 919; 1991, c. 718; 1992, c. 853; 1993, c. 456; 2003, c. 940; 2004, cc.
249, 324; 2006, cc. 16, 163; 2020, c. 621.