Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 40 - ADMINISTRATIVE PROCEDURES FOR HAZARDOUS WASTE FACILITY SITE CERTIFICATION › Part III - Application for Certification of Site Approval › Section 9VAC20-40-110 - Negotiations; role of board; good faith required

Current through Register Vol. 40, No. 24, July 15, 2024
A. The governing body or its designated
				  representatives and the applicant, after submission of notice of intent to file
				  an application for certification of site approval, may meet to discuss any
				  matters pertaining to the site and the facility, including negotiations of a
				  siting agreement. The time and place of any meeting shall be set by agreement,
				  but at least a 48-hour notice shall be given to members of the governing body
				  and the applicant.
B. The board
				  shall assist in facilitating negotiations between the local governing body and
				  the applicant to the extent of recommending a mediator or other conflict
				  resolution mechanism, but shall not become integrally involved in the siting
				  agreement negotiations.
C. The
				  siting agreement may include any terms and conditions, including mitigation of
				  adverse impacts and financial compensation to the host community, concerning
				  the facility. In the event that a provision of a siting agreement conflicts
				  with state or federal law, the state or federal law shall prevail.
D. The siting agreement shall be executed by
				  the signatures of (i) the chief executive officer of the host community, who
				  has been so directed by a majority vote of the local governing body, and (ii)
				  the applicant or authorized agent.
E. Determination of agreement.
1. If the report submitted by the governing
				  body pursuant to § 10.1-1441 of the Code of Virginia indicates that no
				  siting agreement has been reached and contains a written allegation that the
				  applicant has failed or refused to negotiate in good faith, the director shall
				  issue notice to the applicant and host community of the board's intention to
				  hold an informal conference pursuant to § 2.2-4019 of the Virginia
				  Administrative Process Act. The notice shall state the time, place and date of
				  such conference. The purpose shall be to determine the sole issue of whether or
				  not the applicant has failed or refused to negotiate in good faith with the
				  governing body in developing a siting agreement.
2. If the board finds that the governing body
				  has shown by a preponderance of the evidence that the applicant has failed or
				  refused to negotiate in good faith with the governing body for the purpose of
				  attempting to develop a siting agreement, the board may deny the application
				  for certification of site approval. Such a finding shall constitute final
				  action by the board.
3. If the
				  board finds that the governing body has not shown by a preponderance of the
				  evidence that the applicant has failed or refused to negotiate in good faith
				  with the governing body for the purpose of attempting to develop a siting
				  agreement, the board may issue the draft certification of site approval
				  pursuant to § 10.1-1443 of the Code of Virginia. Such finding shall not be
				  considered final action by the board.