reglab/housing_qa huggingface dataset:
VA Code § 10.1-1197.5 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 10.1-1197.5. Definitions

As used in this article:"Energy storage facility" means energy storage equipment or technology that is capable of absorbing energy, storing such energy for a period of time, and redelivering energy after it has been stored."Small renewable energy project" means (i) an electrical generation facility with a rated capacity not exceeding 150 megawatts that generates electricity only from sunlight or wind; (ii) an electrical generation facility with a rated capacity not exceeding 100 megawatts that generates electricity only from falling water, wave motion, tides, or geothermal power; (iii) an electrical generation facility with a rated capacity not exceeding 20 megawatts that generates electricity only from biomass, energy from waste, or municipal solid waste; (iv) an energy storage facility that uses electrochemical cells to convert chemical energy with a rated capacity not exceeding 150 megawatts; or (v) a hybrid project composed of an electrical generation facility that meets the parameters established in clause (i), (ii), or (iii) and an energy storage facility that meets the parameters established in clause (iv).2009, cc. 808, 854; 2017, c. 368; 2021, Sp. Sess. I, c. 419.
VA Code § 10.1-1197.7 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 10.1-1197.7. Review and authorization of projects

A. Upon submission of a complete application, the Department, after consultation with other agencies in the Secretariat of Natural and Historic Resources before authorizing the project, shall conduct an assessment of whether the application meets the requirements of the applicable permit by rule regulations. If the Department determines that the application is deficient, it promptly shall notify the applicant in writing and specify the deficiencies.B. Any interested party, including an applicant for a permit, who has participated in a proceeding for a permit to construct or operate a small renewable energy project under procedures adopted by the Department pursuant to this section, and who is aggrieved by the final decision of the Department, shall have the remedies provided by the Administrative Process Act (§ 2.2-4000 et seq.).2009, cc. 808, 854.
VA Code § 10.1-1197.8 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 10.1-1197.8. Limitation of State Corporation Commission authority

A. If the owner or operator of a small renewable energy project to whom the Department has authorized a permit by rule pursuant to this article is not a utility regulated pursuant to Title 56, then the State Corporation Commission shall not have jurisdiction to review the small renewable energy project or to condition the construction or operation of a small renewable energy project upon the State Corporation Commission's issuance of any permit or certificate under any provision of Title 56, provided that the State Corporation Commission shall retain jurisdiction to resolve requests for joint use of the rights of way of public service corporations pursuant to § 56-259 and denials of requests for interconnection of facilities pursuant to § 56-578.B. If the owner or operator of a small renewable energy project for which the Department has authorized a permit by rule pursuant to this article is a utility regulated pursuant to Title 56, such small renewable energy project shall be exempt from any provision of § 56-46.1 and any corresponding provision of subsection D of § 56-580 or Chapter 10.1 (§ 56-265.1 et seq.) of Title 56 that requires environmental review and permitting by the State Corporation Commission. An owner or operator of a small renewable energy project that is granted a permit by rule pursuant to subsection I of § 10.1-1197.6, shall not be required to obtain a certificate of public convenience and necessity pursuant to subsection D of § 56-580 or the Utility Facilities Act (§ 56-265.1 et seq.). Nothing in this section shall affect the jurisdiction of the State Corporation Commission regarding a utility that is not eligible for a permit by rule, or the requirement of such utility to obtain a certificate of public convenience and necessity.2009, cc. 808, 854; 2017, c. 368.
VA Code § 10.1-1197.10 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 10.1-1197.10. Right of entry to inspect, etc.; warrants

Upon presentation of appropriate credentials and upon consent of the owner or custodian, the Director or his designee shall have the right to enter at any reasonable time onto any property to inspect, investigate, evaluate, conduct tests or take samples for testing as he reasonably deems necessary in order to determine whether the provisions of any law administered by the Director or the Department, any regulations of the Department, any order of the Department or Director or any conditions in a permit by rule, license or certificate issued by the Director are being complied with. If the Director or his designee is denied entry, he may apply to an appropriate circuit court for an inspection warrant authorizing such investigation, evaluation, inspection, testing or taking of samples for testing as provided in Chapter 24 (§ 19.2-393 et seq.) of Title 19.2.2009, cc. 808, 854.
VA Code § 10.1-1197.11 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.1 - Department of Environmental Quality|§ 10.1-1197.11. Information to be furnished to Department

Except as otherwise specified in this article, the Department may require every owner or operator of a small renewable energy project to furnish when requested such plans, specifications, and other pertinent information as may be necessary to determine the compliance status of the project and the effect of the project on human health or the environment.2009, cc. 808, 854.
VA Code § 10.1-1199 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 11.2 - Voluntary Environmental Assessment|§ 10.1-1199. Immunity against administrative or civil penalties for voluntarily disclosed violation

To the extent consistent with requirements imposed by federal law, any person making a voluntary disclosure of information to a state or local regulatory agency regarding a violation of an environmental statute, regulation, permit or administrative order shall be accorded immunity from administrative or civil penalty under such statute, regulation, permit or administrative order. A disclosure is voluntary if (i) it is not otherwise required by law, regulation, permit or administrative order, (ii) it is made promptly after knowledge of the violation is obtained through a voluntary environmental assessment, and (iii) the person making the disclosure corrects the violation in a diligent manner in accordance with a compliance schedule submitted to the appropriate state or local regulatory agencies demonstrating such diligence. Immunity shall not be accorded if it is found that the person making the voluntary disclosure has acted in bad faith. This section does not bar the institution of a civil action claiming compensation for injury to person or property against an owner or operator.1995, c. 564.
VA Code § 10.1-1231 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.1 - Brownfield Restoration and Land Renewal Act|§ 10.1-1231. Brownfield restoration and land renewal policy and programs

It shall be the policy of the Commonwealth to encourage remediation and restoration of brownfields by removing barriers and providing incentives and assistance whenever possible. The Department of Environmental Quality and the Economic Development Partnership and other appropriate agencies shall establish policies and programs to implement these policies, including a Voluntary Remediation Program, the Brownfields Restoration and Redevelopment Fund, and other measures as may be appropriate.2002, c. 378.
VA Code § 10.1-1233 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.1 - Brownfield Restoration and Land Renewal Act|§ 10.1-1233. Amnesty for voluntary disclosure and restoration of brownfield sites

The Director may, consistent with programs developed under the federal acts, provide incentives for the voluntary disclosure of brownfield sites and related information regarding potential or known contamination at that site. To the extent consistent with federal law, any person making a voluntary disclosure regarding real or potential contamination at a brownfield site shall not be assessed an administrative or civil penalty under the Virginia Waste Management Act (§ 10.1-1400 et seq.), the State Water Control Law (§ 62.1-44.2 et seq.), the State Air Pollution Control Law (§ 10.1-1300 et seq.), or any other applicable law. A disclosure is voluntary if it is not otherwise required by law, regulation, permit or administrative order and the person making the disclosure adopts a plan to market for redevelopment or otherwise ensure the timely remediation of the site. Immunity shall not be accorded if it is found that the person making the voluntary disclosure has acted in bad faith.2002, c. 378.
VA Code § 10.1-1235 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.1 - Brownfield Restoration and Land Renewal Act|§ 10.1-1235. Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act

A. Any person not otherwise liable under state law or regulation, who acquires any title, security interest, or any other interest in property located in the Commonwealth listed on the National Priorities List under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.), after the property has been remediated to the satisfaction of the Administrator of the United States Environmental Protection Agency, shall not be subject to civil enforcement or remediation action under this chapter, Chapter 13 (§ 10.1-1300 et seq.) of this title, the State Water Control Law (§ 62.1-44.2 et seq.), or any other applicable state law, or to private civil suit, related to contamination that was the subject of the satisfactory remediation, existing at or immediately contiguous to the property prior to the person acquiring title, security interest, or any other interest in such property.B. Any person who acquires any title, security interest, or other interest in property from a person described in subsection A shall not be subject to enforcement or remediation actions or private civil suits to the same extent as the person provided in subsection A.C. A person who holds title, a security interest, or any other interest in property prior to the property being acquired by a person described in subsection A shall not be relieved of any liability or responsibility by reacquiring title, a security interest, or any other interest in the property.D. The provisions of this chapter shall not be construed to limit the statutory or regulatory authority of any state agency or to limit the liability or responsibility of any person when the activities of that person alter the remediation referred to in subsection A. The provisions of this section shall not modify the liability, if any, of a person who holds title, a security interest, or any other interest in property prior to satisfactory remediation or the liability of a person who acquires the property after satisfactory remediation for damage caused by contaminants not included in the remediation.2002, c. 378.
VA Code § 10.1-1236 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.1 - Brownfield Restoration and Land Renewal Act|§ 10.1-1236. Access to abandoned brownfield sites

A. Any local government or agency of the Commonwealth may apply to the appropriate circuit court for access to an abandoned brownfield 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.B. 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 Chapter 14 (§ 10.1-1400 et seq.) of this title or other applicable state laws or to private civil suits related to contamination not caused by its investigative, abatement or remediation activities.C. This section shall not in any way limit the authority of the Virginia Waste Management Board, Director, or Department otherwise created by Chapter 14 (§ 10.1-1400 et seq.) of this title.2002, c. 378.
VA Code § 10.1-1238 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1238. Definitions

As used in this chapter, unless the context requires a different meaning:"Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property."Agency" means the Department of Environmental Quality or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created."Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community."Department" means the Department of Environmental Quality."Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations."Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:1. Under a federal or state program governing environmental remediation of real property;2. Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or3. Under a state voluntary clean-up program including the Brownfield Restoration and Land Renewal Act (§ 10.1-1230 et seq.)."Holder" means the grantee of an environmental covenant as specified in subsection A of § 10.1-1239."Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency or instrumentality, or any other legal or commercial entity."Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form."State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.2010, c. 691.
VA Code § 10.1-1239 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1239. Nature of rights; subordination of interests

A. Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.B. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.C. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.D. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:1. An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.2. This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.3. A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.4. An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant or affect that person's existing liability.2010, c. 691.
VA Code § 10.1-1240 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1240. Contents of environmental covenant

A. An environmental covenant shall:1. State that the instrument is an environmental covenant executed pursuant to the Uniform Environmental Covenants Act (§ 10.1-1238 et seq. of the Code of Virginia);2. Contain a legally sufficient description of the real property subject to the covenant;3. Describe the activity and use limitations on the real property;4. Identify every holder;5. Be signed by the agency, every holder, and, unless waived by the agency, every owner of the fee simple of the real property subject to the covenant; and6. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.B. In addition to the information required by subsection A, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:1. Any requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;2. Any requirements for periodic reporting describing compliance with the covenant, including a requirement that a qualified and certified professional engineer inspect, investigate and report on the compliance with the covenant;3. Any rights of access to the property granted in connection with implementation or enforcement of the covenant;4. A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;5. Any limitations on amendment or termination of the covenant in addition to those contained in §§ 10.1-1245 and 10.1-1246; and6. Any rights of the holder in addition to its right to enforce the covenant pursuant to § 10.1-1247.C. In addition to other conditions for approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.2010, c. 691.
VA Code § 10.1-1241 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1241. Effect on other instruments; validity

A. An environmental covenant that complies with this chapter runs with the land.B. An environmental covenant that is otherwise effective is valid and enforceable even if:1. It is not appurtenant to an interest in real property;2. It can be or has been assigned to a person other than the original holder;3. It is not of a character that has been recognized traditionally at common law;4. It imposes a negative burden;5. It imposes an affirmative obligation on a person having an interest in the real property or on the holder;6. The benefit or burden does not touch or concern real property;7. There is no privity of estate or contract;8. The holder dies, ceases to exist, resigns, or is replaced; or9. The owner of an interest subject to the environmental covenant and the holder are the same person.C. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection B or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.D. This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of the Commonwealth.E. An environmental covenant pursuant to this chapter may be utilized only when agreed to by the agencies, owners, and holders to such covenant. When restrictions and obligations are imposed on real property in connection with an environmental response project, they may be drafted and recorded in any manner permissible under the laws of Virginia. This chapter applies only to activity and use limitations drafted and recorded in accordance with the provisions of this chapter.2010, c. 691; 2012, c. 278.
VA Code § 10.1-1242 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1242. Relationship to other land use law

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.2010, c. 691.
VA Code § 10.1-1243 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1243. Notice

A. A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:1. Each person that signed the covenant;2. Each person holding a recorded interest in the real property subject to the covenant;3. Each person in possession of the real property subject to the covenant;4. Each municipality or other unit of local government in which real property subject to the covenant is located; and5. Any other person the agency requires.B. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.2010, c. 691.
VA Code § 10.1-1244 (2021)
2021 Code of Virginia|Title 10.1 - Conservation|Chapter 12.2 - Uniform Environmental Covenants Act|§ 10.1-1244. Recording

A. An environmental covenant and any amendment or termination of the covenant shall be recorded in every locality in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.B. Except as otherwise provided in § 10.1-1245, an environmental covenant is subject to the laws of the Commonwealth governing recording and priority of interests in real property.2010, c. 691.