                                 CODE OF VIRGINIA

ACCESS TO ABANDONED WASTE SITES (§ 10.1-1406.1)

A. For the purposes of this section, &#8220;abandoned waste site&#8221; means a
waste site for which (i) there has not been adequate remediation or closure as
required by Chapter 14 (&#xA7; 10.1-1400 et seq.) of this title, (ii) adequate
financial assurances as required by &#xA7; 10.1-1410 or &#xA7; 10.1-1428 are not
provided, and (iii) the owner, operator, or other person responsible for the
cost of cleanup or remediation under state or federal law or regulation cannot
be located.

B. Any local government or agency of the Commonwealth may apply to the
appropriate circuit court for access to an abandoned waste site in order to
investigate contamination, to abate any hazard caused by the improper management
of substances within the jurisdiction of the Board, or to remediate the site.
The petition shall include (i) a demonstration that all reasonable efforts have
been made to locate the owner, operator or other responsible party and (ii) a
plan approved by the Director and which is consistent with applicable state and
federal laws and regulations. The approval or disapproval of a plan shall not be
considered a case decision as defined by &#xA7; 2.2-4001.

C. Any person, local government, or agency of the Commonwealth not otherwise
liable under federal or state law or regulation who performs any investigative,
abatement or remediation activities pursuant to this section shall not become
subject to civil enforcement or remediation action under this chapter or other
applicable state laws or to private civil suits related to contamination not
caused by its investigative, abatement or remediation activities.

D. This section shall not in any way limit the authority of the Board, Director,
or Department otherwise created by Chapter 14 of this title.

HISTORY: 1996, c. 547.