                                 CODE OF VIRGINIA

CERTIFICATION OF SITE APPROVAL REQUIRED; &#8220;CONSTRUCTION&#8221; DEFINED;
REMEDIES (§ 10.1-1435)

A. No person shall construct or commence construction of a hazardous waste
facility without first obtaining a certification of site approval by the Board
in the manner prescribed herein. For the purpose of this section,
&#8220;construct&#8221; and &#8220;construction&#8221; mean (i) with respect to
new facilities, the significant alteration of a site to install permanent
equipment or structures or the installation of permanent equipment or
structures; (ii) with respect to existing facilities, the alteration or
expansion of existing structures or facilities to initially accommodate
hazardous waste, any expansion of more than fifty percent of the area or
capacity of an existing hazardous waste facility, or any change in design or
process of a hazardous waste facility that will, in the opinion of the Board,
result in a substantially different type of facility. Construction does not
include preliminary engineering or site surveys, environmental studies, site
acquisition, acquisition of an option to purchase or activities normally
incident thereto.

B. Upon receiving a written request from the owner or operator of the facility,
the Board may allow, without going through the procedures of this article, any
changes in the facilities which are designed to:

   1. Prevent a threat to human health or the environment because of an emergency
   situation;

   2. Comply with federal or state laws and regulations; or

   3. Demonstrably result in safer or environmentally more acceptable processes.

C. Any person violating this section may be enjoined by the circuit court of the
jurisdiction wherein the facility is located or the proposed facility is to be
located. Such an action may be instituted by the Board, the Attorney General, or
the political subdivision in which the violation occurs. In any such action, it
shall not be necessary for the plaintiff to plead or prove irreparable harm or
lack of an adequate remedy at law. No person shall be required to post any
injunction bond or other security under this section. No action may be brought
under this section after a certification of site approval has been issued by the
Board, notwithstanding the pendency of any appeals or other challenges to the
Board&#8217;s action. In any action under this section, the court may award
reasonable costs of litigation, including attorney and expert witness fees, to
any party if the party substantially prevails on the merits of the case and if
in the determination of the court the party against whom the costs are awarded
has acted unreasonably.

HISTORY: 1986, c. 492, § 10-291; 1988, c. 891.