reglab/housing_qa huggingface dataset:
VA Code § 10.1-1402.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1402.2. Permit Program Fund established; use of moneys

A. There is hereby established a special, nonreverting fund in the state treasury to be known as the Virginia Waste Management Board Permit Program Fund, hereafter referred to as the Fund. Notwithstanding the provisions of § 2.2-1802, all moneys collected pursuant to subdivision 16 of § 10.1-1402 shall be paid into the state treasury to the credit of the Fund.B. Any moneys remaining in the Fund shall not revert to the general fund but shall remain in the Fund. Interest earned on such moneys shall remain in the Fund and be credited to it.C. The Board is authorized and empowered to release moneys from the Fund, on warrants issued by the State Comptroller, for the purposes of recovering portions of the costs of processing applications under subdivision 16 of § 10.1-1402 under the direction of the Director.D. An accounting of moneys received by and distributed from the Fund shall be kept by the State Comptroller and furnished upon request to the Governor or the General Assembly.1992, c. 853.
VA Code § 10.1-1402.3 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1402.3. Conformance with federal requirements

Notwithstanding the provisions of this article, any fee system developed by the Board may be modified by regulation promulgated by the Board, as may be necessary to conform with the requirements of federal acts and any regulations promulgated thereunder. Any modification imposed under this section shall be submitted to the members of the Senate Committees on Agriculture, Conservation and Natural Resources, and Finance; and the House Committees on Appropriations, Conservation and Natural Resources, and Finance.1992, c. 853.
VA Code § 10.1-1403 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1403. Advisory committees

The Governor shall appoint such advisory committees as he may deem necessary to aid in the development of an effective waste management program.1986, c. 492, § 10-267; 1988, c. 891.
VA Code § 10.1-1404 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1404. Department continued; general powers

A. The Department of Waste Management is continued. The Department shall be headed by a Director, who shall be appointed by the Governor to serve at his pleasure for a term coincident with his own or until a successor shall be appointed and qualified.B. In addition to the powers designated elsewhere in this chapter, the Department shall have the power to:1. Administer the policies and regulations established by the Board pursuant to this chapter;2. Employ such personnel as may be required to carry out the purposes of this chapter;3. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other state agencies and governmental subdivisions of the Commonwealth; and4. Provide upon request and without charge, technical assistance to local governing bodies regarding stockpiling of tires pursuant to its authority in this chapter to promote resource conservation and resource recovery systems. The governing body of any county, city or town may adopt an ordinance regulating the stockpiling of tires, including but not limited to, the location of such stockpiles and the number of tires to be deposited at the site.1986, c. 492, § 10-268; 1988, c. 891.
VA Code § 10.1-1405 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1405. Powers and duties of Director

A. The Director, under the direction and control of the Secretary of Natural and Historic Resources, shall exercise such powers and perform such duties as are conferred or imposed upon him by law and shall perform any other duties required of him by the Governor or the Board.B. In addition to the other responsibilities set forth herein, the Director shall carry out management and supervisory responsibilities in accordance with the regulations and policies of the Board. In no event shall the Director have the authority to promulgate any final regulation.The Director shall be vested with all the authority of the Board when it is not in session, subject to such regulations as may be prescribed by the Board.C. The Director shall serve as the liaison with the United States Department of Energy on matters concerning the siting of high-level radioactive waste repositories, pursuant to the terms of the Nuclear Waste Policy Act of 1982.D. The Director shall obtain a criminal records check pursuant to § 19.2-389 of key personnel listed in the disclosure statement when the Director determines, in his sole discretion, that such a records check will serve the purposes of this chapter.1986, c. 492, § 10-269; 1988, c. 891; 1990, c. 919; 2021, Sp. Sess. I, c. 401.
VA Code § 10.1-1406 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1406. Exemptions from liability; expedited settlements

A. No person shall be liable under the provisions of subdivision 19 of § 10.1-1402 for cleanup or to reimburse the Virginia Environmental Emergency Response Fund if he can establish by a preponderance of the evidence that the violation and the damages resulting therefrom were caused solely by:1. An act of God;2. An act of war;3. An act or omission of a third party other than an employee or agent of the defendant, or other than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant (except where the sole contractual arrangement arises from a published tariff and acceptance for carriage by a common carrier by rail), if the defendant establishes by a preponderance of the evidence that (i) he exercised due care with respect to the hazardous waste or hazardous substance concerned, taking into consideration the characteristics of such hazardous waste or hazardous substance, in light of all relevant facts and circumstances and (ii) he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions; or4. Any combination of subdivisions 1 through 3 of this section. For purposes of this section, the term "contractual arrangement" shall have the meaning ascribed to it in 42 U.S.C. § 9601 (35).B. The Board may, consistent with programs developed under the federal acts, expedite a determination to limit the liability of innocent landowners, de minimis contributors or others who have grounds to claim limited responsibility for a containment or cleanup which may be required pursuant to this chapter.1986, c. 566, § 10-270; 1988, cc. 627, 891; 1990, cc. 472, 919; 1991, c. 718; 1999, c. 798.
VA Code § 10.1-1406.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1406.1. Access to abandoned waste sites

A. For the purposes of this section, "abandoned waste site" means a waste site for which (i) there has not been adequate remediation or closure as required by Chapter 14 (§ 10.1-1400 et seq.) of this title, (ii) adequate financial assurances as required by § 10.1-1410 or § 10.1-1428 are not provided, and (iii) the owner, operator, or other person responsible for the cost of cleanup or remediation under state or federal law or regulation cannot be located.B. Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned waste site in order to investigate contamination, to abate any hazard caused by the improper management of substances within the jurisdiction of the Board, or to remediate the site. The petition shall include (i) a demonstration that all reasonable efforts have been made to locate the owner, operator or other responsible party and (ii) a plan approved by the Director and which is consistent with applicable state and federal laws and regulations. The approval or disapproval of a plan shall not be considered a case decision as defined by § 2.2-4001.C. Any person, local government, or agency of the Commonwealth not otherwise liable under federal or state law or regulation who performs any investigative, abatement or remediation activities pursuant to this section shall not become subject to civil enforcement or remediation action under this chapter or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.D. This section shall not in any way limit the authority of the Board, Director, or Department otherwise created by Chapter 14 of this title.1996, c. 547.
VA Code § 10.1-1406.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1406.2. (Effective until October 1, 2021) Conditional exemption for coal and mineral mining overburden or solid waste

The provisions of this chapter shall not apply to coal or mineral mining overburden returned to the mine site or solid wastes from the extraction, beneficiation, and processing of coal or minerals that are managed in accordance with requirements promulgated by the Department of Mines, Minerals and Energy.1999, cc. 584, 613, 947.
VA Code § 10.1-1406.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1406.2. (Effective October 1, 2021) Conditional exemption for coal and mineral mining overburden or solid waste

The provisions of this chapter shall not apply to coal or mineral mining overburden returned to the mine site or solid wastes from the extraction, beneficiation, and processing of coal or minerals that are managed in accordance with requirements promulgated by the Department of Mines, Minerals and Energy.1999, cc. 584, 613, 947.
VA Code § 10.1-1407.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1407.1. Notification of local government of violation

Upon determining that there has been a violation of a regulation promulgated under this chapter and such violation poses an imminent threat to the health, safety or welfare of the public, the Director shall immediately notify the chief administrative officer of any potentially affected local government. Neither the Director, the Commonwealth, nor any employee of the Commonwealth shall be liable for a failure to provide, or a delay in providing, the notification required by this section.1988, cc. 434, 891.
VA Code § 10.1-1408.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1408.2. Certification and on-site presence of facility operator

A. On and after January 1, 1993, no person shall be employed as a waste management facility operator, nor shall any person represent himself as a waste management facility operator, unless such person has been licensed by the Board for Waste Management Facility Operators.B. On and after January 1, 1993, all solid waste management facilities shall operate under the direct supervision of a waste management facility operator licensed by the Board for Waste Management Facility Operators.1991, cc. 551, 737; 1997, c. 885.
VA Code § 10.1-1410.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1410.1. Sanitary landfill final closure plans; notification requirements

When any owner or operator of a sanitary landfill submits by certified mail a final closure plan in accordance with the requirements of this chapter and the regulations adopted thereunder, the Department shall within ninety days of its receipt of such plan, notify by certified mail the owner or operator of the Department's decision to approve or disapprove the final closure plan. The ninety-day period shall begin on the day the Department receives the plan by certified mail.1988, cc. 332, 891.
VA Code § 10.1-1410.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1410.2. Landfill postclosure monitoring, maintenance and plans

A. The owner and operator of any solid waste landfill permitted under this chapter shall be responsible for ensuring that such landfill is properly closed in accordance with the Board's regulations and that the landfill is maintained and monitored after closure so as to protect human health and the environment. Maintenance and monitoring of solid waste landfills after closure shall be in accordance with the Board's regulations. At all times during the operational life of a solid waste landfill, the owner and operator shall provide to the Director satisfactory evidence of financial assurance consistent with all federal and state laws and regulations to ensure that the landfill will be:1. Closed in accordance with the Board's regulations and the closure plan approved for the landfill; and2. Monitored and maintained after closure, for such period of time as provided in the Board's regulations or for such additional period as the Director shall determine is necessary, in accordance with a postclosure plan approved by the Director.B. Not less than 180 days prior to the completion of the postclosure monitoring and maintenance period as prescribed by the Board's regulations or by the Director, the owner or operator shall submit to the Director a certificate, signed by a professional engineer licensed in the Commonwealth, that postclosure monitoring and maintenance have been completed in accordance with the postclosure plan. The certificate shall be accompanied by an evaluation, prepared by a professional engineer licensed in the Commonwealth and signed by the owner or operator, assessing and evaluating the landfill's potential for harm to human health and the environment in the event that postclosure monitoring and maintenance are discontinued. If the Director determines that continued postclosure monitoring or maintenance is necessary to prevent harm to human health or the environment, he shall extend the postclosure period for such additional time as the Director deems necessary to protect human health and the environment and shall direct the owner or operator to submit a revised postclosure plan and to continue postclosure monitoring and maintenance in accordance therewith. Requirements for financial assurance as set forth in subsection A shall apply throughout such extended postclosure period.1999, cc. 584, 613, 947.
VA Code § 10.1-1410.3 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1410.3. Operating burn pits at closed landfills

The Department shall develop policies and procedures to allow for the infrequent burning of vegetative waste at permitted landfills that have ceased accepting waste but have not been released from postclosure care requirements. The policies and procedures developed shall include measures to ensure protection of public health and the environment, including (i) limits to the amount of vegetative waste that may be burned, (ii) the types of materials that may be burned, (iii) the frequency of the burning, (iv) the length of time the burning occurs, and (v) an evaluation of other alternatives for managing the vegetative waste. Nothing in this section shall be construed to prohibit a city or locality from exercising its authority to regulate such facilities by requiring among other things, permits or approvals.2006, c. 19.
VA Code § 10.1-1412 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1412. Contracts by counties, cities and towns

Any county, city or town may enter into contracts for the supply of solid waste to resource recovery facilities.1986, c. 492, § 10-275; 1988, c. 891.
VA Code § 10.1-1413 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1413. State aid to localities for solid waste disposal

A. To assist localities in the collection, transportation, disposal and management of solid waste in accordance with federal and state laws, regulations and procedures, each county, city and town may receive for each fiscal year from the general fund of the state treasury sums appropriated for such purposes. The Director shall distribute such grants on a quarterly basis, in advance, in accordance with Board regulations, to those counties, cities and towns which submit applications therefor.B. Any county, city or town applying for and receiving such funds shall utilize the funds only for the collection, transportation, disposal or management of solid waste. The Director shall cause the use and expenditure of such funds to be audited and all funds not used for the specific purposes stated herein shall be refunded to the general fund.C. All funds granted under the provisions of this section shall be conditioned upon and subject to the satisfactory compliance by the county, city or town with applicable federal and state legislation and regulations. The Director may conduct periodic inspections to ensure satisfactory compliance.1986, c. 492, § 10-276; 1988, c. 891.
VA Code § 10.1-1413.1 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1413.1. Waste information and assessment program

A. The Department shall report by June 30 of each year the amount of solid waste, by weight or volume, disposed of in the Commonwealth during the preceding calendar year. The report shall identify solid waste by the following categories: (i) municipal solid waste; (ii) construction and demolition debris; (iii) incinerator ash; (iv) sludge other than sludge that is land applied in accordance with § 62.1-44.19:3; and (v) tires. For each such category the report shall include an estimate of the amount that was generated outside of the Commonwealth and the jurisdictions where such waste originated, if known. The report shall also estimate the amount of solid waste managed or disposed of by each of the following methods: (i) recycling; (ii) composting; (iii) landfilling; and (iv) incineration.B. All permitted facilities that treat, store or dispose of solid waste shall provide the Department not more than annually, upon request, with such information in their possession as is reasonably necessary to prepare the report required by this section. At the option of the facility owner, the data collected may include an accounting of the facility's economic benefits to the locality where the facility is located including the value of disposal and recycling facilities provided to the locality at no cost or reduced cost, direct employment associated with the facility, and other economic benefits resulting from the facility during the preceding calendar year. No facility shall be required pursuant to this section to provide information that is a trade secret as defined in § 59.1-336.C. This section shall not apply to captive waste management facilities.1997, c. 512.
VA Code § 10.1-1413.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1413.2. (Effective until October 1, 2021) Requirements for landfill closure

The Department shall prioritize the closure of landfills that are owned by local governments or political subdivisions, or that are located in the locality and have been abandoned in violation of this chapter, and are not equipped with liner and leachate control systems meeting the requirements of the Board's regulations. The prioritization shall be based on the greatest threat to human health and the environment. The Department shall establish a schedule, after public notice and a period for public comment, based upon that prioritization requiring municipal solid waste landfills to cease accepting solid waste in, and to prepare financial closure plans for, disposal areas permitted before October 9, 1993. No municipal solid waste landfill may continue accepting waste after 2020 in any disposal area not equipped with a liner system approved by the Department pursuant to a permit issued after October 9, 1993. Notwithstanding the provisions of subsection N of § 10.1-1408.1, failure by a landfill owner or operator to comply with the schedule established by the Department shall be a violation of this chapter. The provisions of this section shall not apply to municipal solid waste landfills utilizing double synthetic liner systems permitted between December 21, 1988, and October 9, 1993, that are part of a post-mining land use plan approved under Chapter 19 (§ 45.1-226 et seq.) of Title 45.1.1999, cc. 584, 613, 947; 2000, c. 308; 2002, cc. 492, 518; 2004, c. 872.
VA Code § 10.1-1413.2 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1413.2. (Effective October 1, 2021) Requirements for landfill closure

The Department shall prioritize the closure of landfills that are owned by local governments or political subdivisions, or that are located in the locality and have been abandoned in violation of this chapter, and are not equipped with liner and leachate control systems meeting the requirements of the Board's regulations. The prioritization shall be based on the greatest threat to human health and the environment. The Department shall establish a schedule, after public notice and a period for public comment, based upon that prioritization requiring municipal solid waste landfills to cease accepting solid waste in, and to prepare financial closure plans for, disposal areas permitted before October 9, 1993. No municipal solid waste landfill may continue accepting waste after 2020 in any disposal area not equipped with a liner system approved by the Department pursuant to a permit issued after October 9, 1993. Notwithstanding the provisions of subsection N of § 10.1-1408.1, failure by a landfill owner or operator to comply with the schedule established by the Department shall be a violation of this chapter. The provisions of this section shall not apply to municipal solid waste landfills utilizing double synthetic liner systems permitted between December 21, 1988, and October 9, 1993, that are part of a post-mining land use plan approved under Chapter 19 (§ 45.1-226 et seq.) of Title 45.1.1999, cc. 584, 613, 947; 2000, c. 308; 2002, cc. 492, 518; 2004, c. 872.
VA Code § 10.1-1413.3 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 14 - Virginia Waste Management Act|§ 10.1-1413.3. Testing private wells and public water supply wells near coal ash ponds; resident notification

A. For the purposes of this section:"Coal ash pond" means any natural topographic depression, man-made excavation, or diked area that (i) is designed to hold an accumulation of coal combustion residuals and liquids; (ii) treats, stores, or disposes of coal combustion residuals; and (iii) is located in the Chesapeake Bay watershed at the Bremo Power Station in Fluvanna County, Chesapeake Energy Center in the City of Chesapeake, Chesterfield Power Station in Chesterfield County, or Possum Point Power Station in Prince William County."Utility" means the owner or operator of a coal ash pond.B. No later than October 1, 2020, each utility shall submit to the Department a complete survey identifying all private wells and public water supply wells within 1.5 miles of any coal ash pond boundary. The utility shall use reasonable efforts to determine the locations of all such wells within 1.5 miles of the coal ash pond boundary and shall not rely solely on records maintained by the Virginia Department of Health or other public records. Such reasonable efforts shall include the distribution of notices that explain the purpose of the survey to each landowner. The utility shall distribute such notices through the United States mail to the owner of each parcel of land any part of which is located within 1.5 miles of a coal ash pond boundary and shall post a notice in at least one newspaper of general circulation in the locality.2020, c. 625.