                                 CODE OF VIRGINIA

DISBURSEMENTS FROM THE FUND; TRANSFER OF FUNDS TO THE SMALL BUSINESS
ENVIRONMENTAL COMPLIANCE ASSISTANCE FUND (§ 10.1-2502)

The disbursement of moneys from the Fund shall be made by the State Comptroller
at the written request of the Director of the Department of Environmental
Quality. The Director shall have the authority to access the Fund for up to
$100,000 per occurrence as long as the disbursement does not exceed the balance
for the agency account. If the Director requests a disbursement in excess of
$100,000 or an amount exceeding the remaining agency balance, the disbursement
shall require the written approval of the Governor. The Department of
Environmental Quality shall develop guidelines which, after approval by the
Governor, determine how the Fund can be used for the purposes described herein.
		Disbursements from the Fund may be made for the purposes outlined in §
10.1-2500, including, but not limited to, personnel, administrative, and
equipment costs and expenses directly incurred by the above-mentioned agencies
or by any other agency or political subdivision, acting at the direction of one
of the above-mentioned agencies, in and for preventing or alleviating damage,
loss, hardship, or suffering caused by environmental pollution incidents.
		The agency shall promptly seek reimbursement from any person causing or
contributing to an environmental pollution incident for all sums disbursed from
the Fund for the protection, relief and recovery from loss or damage caused by
such person. In the event a request for reimbursement is not paid within sixty
days of receipt of a written demand, the claim shall be referred to the Attorney
General for collection. The agency shall be allowed to recover all legal and
court costs and other expenses incident to such actions for collection.
		In any year in which the Fund balance exceeds two million dollars, the
Director may transfer such excess amount to the Small Business Environmental
Compliance Assistance Fund established pursuant to § 10.1-1197.2.

HISTORY: 1991, c. 718; 1992, c. 887; 1997, cc. 624, 850.