                                 CODE OF VIRGINIA

SPECIAL ORDERS; PENALTIES (§ 62.1-44.15:1.1)

The Board is authorized to issue special orders in compliance with the
Administrative Process Act (§ 2.2-4000 et seq.) requiring that an owner file
with the Board a plan to abate, control, prevent, remove, or contain any
substantial and imminent threat to public health or the environment that is
reasonably likely to occur if such facility ceases operations. Such plan shall
also include a demonstration of financial capability to implement the plan.
Financial capability may be demonstrated by the establishment of an escrow
account, the creation of a trust fund to be maintained within the Board,
submission of a bond, corporate guarantee based upon audited financial
statements, or such other instruments as the Board may deem appropriate. The
Board may require that such plan and instruments be updated as appropriate. The
Board shall give due consideration to any plan submitted by the owner in
accordance with §§ 10.1-1309.1, 10.1-1410, and 10.1-1428, in determining the
necessity for and suitability of any plan submitted under this section.
		For the purposes of this section, &#8220;ceases operation&#8221; means to
cease conducting the normal operation of a facility which is regulated under
this chapter under circumstances where it would be reasonable to expect that
such operation will not be resumed by the owner at the facility. The term shall
not include the sale or transfer of a facility in the ordinary course of
business or a permit transfer in accordance with Board regulations.
		Any person who ceases operations and who knowingly and willfully fails to
implement a closure plan or to provide adequate funds for implementation of such
plan shall, if such failure 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 thereof for the costs
incurred in abating, controlling, preventing, removing, or containing such harm
or threat.
		Any person who ceases operations and who knowingly and willfully fails to
implement a closure plan or to provide adequate funds for implementation of such
plan shall, if such failure 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: 1991, c. 702.