                                 CODE OF VIRGINIA

RECORDKEEPING AND ACCESS TO RECORDS AND FACILITIES (§ 62.1-44.34:38)

A. All records relating to compliance with the requirements of this article
shall be maintained by the operator of a facility at the facility or at an
alternate location approved by the Department for a period of at least five
years. Such records shall be available for inspection and copying by the
Department and shall include all records relating to discharge events or other
discharges of hazardous substances from the facility and all supporting
documentation for developed facility response plans.

B. A record of all discharges of hazardous substances to state lands in amounts
less than the reportable quantity in 40 C.F.R. Part 117 shall be established and
maintained for a period of five years in accordance with subsection A.

C. Every operator of a facility shall, upon reasonable notice, permit at
reasonable times and under reasonable circumstances, the local director or
coordinator of emergency services appointed pursuant to &#xA7; 44-146.19 for the
political subdivision in which the facility is located or of any political
subdivision within one mile of the facility to have access to and to copy all
information required to be kept in subsections A and B.

D. Any local director or coordinator of emergency services appointed pursuant to
&#xA7; 44-146.19 for the political subdivision in which the facility is located
or of any political subdivision within one mile of the facility may enter and
inspect any facility at a reasonable time and under reasonable circumstances,
provided that in nonemergency situations such local director, coordinator, or a
designated agent of such local director or coordinator shall be accompanied by
the operator or his designee.

E. The Director may withhold information submitted or obtained pursuant to this
section from public disclosure pursuant to (i) an exemption provided under the
Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.), (ii)
confidentiality claims asserted at the time of submission pursuant to &#xA7;
62.1-44.21, or (iii) requirements set forth by the U.S. Department of Homeland
Security.

HISTORY: 2025, c. 279.