                                 CODE OF VIRGINIA

FINAL DECISION ON CERTIFICATION OF SITE APPROVAL (§ 10.1-1445)

A. Within forty-five days after the close of the public hearing, the Board shall
meet within or near the host community and shall vote to issue or deny the
certification of site approval. The Board may include in the certification any
terms and conditions which it deems necessary and appropriate to protect and
prevent injury or adverse risk to health, safety, welfare, the environment and
natural resources. At least seven days&#8217; notice of the date, time, place
and purpose of the meeting shall be made in the manner provided in &#xA7;
10.1-1447. No testimony or evidence will be received at the meeting.

B. The Board shall grant the certification of site approval if it finds:

   1. That the terms and conditions thereof will protect and prevent injury or
   unacceptable adverse risk to health, safety, welfare, the environment and
   natural resources;

   2. That the facility will comply and be consistent with the criteria
   promulgated by the Board; and

   3. That the applicant has made reasonable and appropriate efforts to reach a
   siting agreement with the host community including, though not limited to,
   efforts to mitigate or compensate the host community and its residents for any
   adverse economic effects of the facility. This requirement shall not apply
   when the host community has waived participation pursuant to subsection D of
   &#xA7; 10.1-1438.

C. The Board&#8217;s decision to grant or deny certification shall be based on
the hearing record and shall be accompanied by the written findings of fact and
conclusions upon which the decision was based. The Board shall provide the
applicant and the governing body of the host community with copies of the
decision, together with the findings and conclusions, by certified mail.

D. The grant or denial of certification shall constitute final action by the
Board.

HISTORY: 1986, c. 492, § 10-301; 1988, c. 891.