                                 CODE OF VIRGINIA

FINANCIAL RESPONSIBILITY FOR ABANDONED FACILITIES; PENALTIES (§ 10.1-1410)

A. The Board shall promulgate regulations which ensure that if a facility for
the disposal, transfer, or treatment of solid waste is abandoned, the costs
associated with protecting the public health and safety from the consequences of
such abandonment may be recovered from the person abandoning the facility. A
facility that receives solid waste from a ship, barge or other vessel and is
regulated under &#xA7; 10.1-1454.1 shall be considered a transfer facility for
the purposes of this subsection.

B. The regulations may include provisions for bonding, the creation of a trust
fund to be maintained within the Department, self-insurance, other forms of
commercial insurance, or such other mechanism as the Department may deem
appropriate. Regulations governing the amount thereof shall take into
consideration the potential for contamination and injury by the solid waste, the
cost of disposal of the solid waste and the cost of restoring the facility to a
safe condition. Any bonding requirements shall include a provision authorizing
the use of personal bonds or other similar surety deemed sufficient to provide
the protections specified in subsection A upon a finding by the Director that
commercial insurance or surety bond cannot be obtained in the voluntary market
due to circumstances beyond the control of the permit holder. Any commercial
insurance or surety obtained in the voluntary market shall be written by an
insurer licensed pursuant to Chapter 10 (&#xA7; 38.2-1000 et seq.) of Title
38.2.

C. No state governmental agency shall be required to comply with such
regulations.

D. Forfeiture of any financial obligation imposed pursuant to this section shall
not relieve any holder of a permit issued pursuant to the provisions of this
article of any other legal obligations for the consequences of abandonment of
any facility.

E. Any funds forfeited prior to July 1, 1995, pursuant to this section and the
regulations of the Board shall be paid over to the county, city or town in which
the abandoned facility is located. The county, city or town in which the
facility is located shall expend forfeited funds as necessary to restore and
maintain the facility in a safe condition.

F. Any funds forfeited on or after July 1, 1995, pursuant to this section and
the regulations of the Board shall be paid over to the Director. The Director
shall then expend forfeited funds as necessary solely to restore and maintain
the facility in a safe condition. Nothing in this section shall require the
Director to expend funds from any other source to carry out the activities
contemplated under this subsection.

G. Any person who knowingly and willfully abandons a solid waste management
facility without proper closure or without providing adequate financial
assurance instruments for such closure shall, if such failure to close 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 for the costs incurred in abating, controlling,
preventing, removing, or containing such harm or threat.
			Any person who knowingly and willfully abandons a solid waste management
facility without proper closure or without providing adequate financial
assurance instruments for such closure shall, if such failure to close 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: 1986, c. 492, § 10-273; 1987, cc. 258, 291; 1988, c. 891; 1991, c.
702; 1993, c. 837; 1995, c. 739; 2000, cc. 137, 138.