reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-40 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Purpose. The
				purpose of this section is to establish schedules and procedures pertaining to
				the payment and collection of fees from a fee simple owner or applicant in
				accordance with this chapter.
B.
				Fee payment and deposit. Fees related to UECA environmental covenants shall be
				paid by the fee simple owner or applicant as follows:
1. Due date. Where the department is the
				agency or the holder of the UECA environmental covenant, all fees are due upon
				submittal to the department of the proposed environmental covenant, covenant
				amendment, termination, or notification of property transfer. Where the
				department is neither the agency nor the holder of the UECA environmental
				covenant, a copy of the environmental covenant, covenant amendment,
				termination, or notification of property transfer and the accompanying fee are
				due prior to recordation.
2. Method
				of payment. Fees shall be paid by check, draft, or postal money order made
				payable to "Treasurer of Virginia/DEQ" and shall be sent to the Department of
				Environmental Quality, Receipts Control, P.O. Box 1104, Richmond, VA
				23218.
3. Incomplete payments. All
				incomplete payments shall be deemed nonpayments.
4. Late payment. No environmental covenant,
				environmental covenant amendment, or termination under UECA and this chapter
				may be recorded until the department receives proper payment.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-50 - Amendment and termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				UECA environmental covenant is perpetual unless terminated or modified by court
				action in accordance with the provisions of § 10.1-1245 of the Code of
				Virginia.
B. A UECA environmental
				covenant may be amended or terminated by consent in accordance with §
				10.1-1246 of the Code of Virginia.
Statutory Authority
§ 10.1-1250 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 90 - UNIFORM ENVIRONMENTAL COVENANTS ACT REGULATION › Section 9VAC15-90-60 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
A. Power to
				enforce. Environmental covenants executed pursuant to this chapter and UECA
				shall be enforced in accordance with § 10.1-1247 of the Code of
				Virginia.
B. Limitations. The UECA
				and this chapter do not limit the regulatory authority of the agency or the
				department under law with respect to an environmental response
				project.
C. Liability. A person is
				not responsible for or subject to liability for environmental remediation
				solely because he has the right to enforce a UECA environmental
				covenant.
Statutory Authority
§ 10.1-1250 of the Code of
					 Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-20 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				applies throughout the Commonwealth of Virginia. Nothing in this chapter shall
				be interpreted to affect the rights of a private property owner.
B. A permit by rule shall be required for
				small energy storage facilities with a disturbance zone greater than 10
				acres.
C. Facilities with a
				disturbance zone less than or equal to 10 acres shall comply with the
				requirements of 9VAC15-100-130. Facilities that meet the requirements of that
				section are deemed to be covered by the permit by rule.
Statutory Authority: §§ 10.1-1197.5 and
					 10.1-1197.6 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-30 - Application for permit by rule for small energy storage facilities with a disturbance zone greater than 10 acres

Current through Register Vol. 40, No. 24, July 15, 2024
A. The application for a small energy storage
				facility with a disturbance zone greater than 10 acres, provided that the
				project does not otherwise meet the criteria for 9VAC15-100-130, shall contain
				all of the following:
1. An NOI to submit the
				necessary documentation for a permit by rule, to be published by the department
				in the Virginia Register of Regulations.
a.
				The applicant shall submit the NOI in a form approved by the department.
(1) The initial NOI shall be submitted to the
				department as early in the project development process as practicable, but at
				least 90 days prior to the start of the public comment period required under
				9VAC15-100-90.
(2) The NOI shall be
				submitted to the chief administrative officer and chief elected official of the
				locality in which the project is proposed to be located the same time the NOI
				is submitted to the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-40 - Analysis of the beneficial and adverse impacts on natural resources

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant
				shall conduct a preconstruction wildlife analyses as follows.
1. The applicant shall prepare a wildlife
				report and map generated either (i) from DWR's Virginia Fish and Wildlife
				Information Service web-based application or (ii) from a data and mapping
				system including the most recent data available from DWR's subscriber-based
				Wildlife Environmental Review Map Service of known wildlife species and habitat
				features on the site or within two miles of the boundary of the site, known or
				potential sea turtle nesting beaches located within one-half mile of the
				disturbance zone, and desktop information for bald eagle nesting locations from
				the Center for Conservation Biology at the College of William and
				Mary.
2. The applicant shall assess
				and describe the expected beneficial and adverse impacts, if any, of the
				proposed project on wildlife identified by these studies and
				analyses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-50 - Determination of likely significant adverse impacts for applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The department
				will find that significant adverse impacts to wildlife are likely whenever the
				wildlife analyses prescribed in 9VAC15-100-40 A document that state-listed
				T&E wildlife species are found to occur within the disturbance zone or the
				disturbance zone is located on or within one-half mile of a known or potential
				sea turtle nesting beach.
B. The
				department will find that significant adverse impacts to historic resources are
				likely whenever the historic resources analyses prescribed by 9VAC15-100-40 B
				indicate that the proposed project is likely to diminish significantly any
				aspect of a historic resource's integrity.
C. For projects subject to 9VAC15-100-120,
				the department will find that significant adverse impacts to natural heritage
				resources and ecological cores are likely whenever the analysis prescribed by
				any other small renewable energy project permit by rule regulation is
				applicable indicates that that significant adverse impacts are
				likely.
Statutory Authority: §§ 10.1-1197.5 and
					 10.1-1197.6 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-60 - Mitigation plan

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				applicant shall prepare a mitigation plan for any resource for which a
				significant adverse impact determination has been made as a result of the
				analysis pursuant to 9VAC15-100-50. The plan shall detail actions by the
				applicant to avoid, minimize, or otherwise mitigate such impacts and shall be
				an enforceable part of the PBR.
B.
				Mitigation measures for significant adverse impacts to wildlife shall include
				the following.
1. For state-listed T&E
				wildlife, the applicant shall take all reasonable measures to avoid significant
				adverse impacts or shall demonstrate in the mitigation plan what significant
				adverse impacts cannot practicably be avoided and why additional proposed
				actions are reasonable. These additional proposed actions may include best
				practices to avoid, minimize, or offset adverse impacts to resources analyzed
				pursuant to 9VAC15-100-40 A or C.
2. For proposed projects where the
				disturbance zone is located on or within one-half mile of a known or potential
				sea turtle nesting beach, the applicant shall take all reasonable measures to
				avoid significant adverse impacts or shall demonstrate in the mitigation plan
				what significant adverse impacts cannot practicably be avoided and why
				additional proposed mitigation actions are reasonable. Mitigation measures
				shall include the following.
a. Avoiding
				construction within likely sea turtle crawl or nesting habitats during the
				turtle nesting and hatching season (May 20 through October 31). If avoiding
				construction during this period is not possible, then conducting daily crawl
				surveys of the disturbance zone (May 20 through August 31) and one mile beyond
				the northern and southern reaches of the disturbance zone (sea turtle nest
				survey zone) between sunrise and 9 a.m. by qualified individuals who have the
				ability to distinguish accurately between nesting and non-nesting
				emergences.
b. If construction is
				scheduled during the nesting season, including measures to protect nests and
				hatchlings found within the sea turtle nest survey zone.
c. If nighttime construction cannot be
				avoided, designing project lighting during the construction and operational
				phases to minimize impacts on nesting sea turtles and hatchlings. Proposed
				project lighting must be submitted to DWR and the U.S. Fish and Wildlife
				Service for approval prior to construction.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-70 - Site plan and context map requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The applicant shall submit a site plan
				that includes maps showing the physical features, topography, and land cover of
				the area within the site, both before and after construction of the proposed
				project. The site plan shall be submitted at a scale sufficient to show and
				shall include the following:
(i) the
				boundaries of the site, disturbance zone with 100 foot buffer or local zoning
				setback requirement as applicable, storage infrastructure, open areas, and
				screening areas;
(ii) the
				location, height, and dimensions of all existing and proposed energy storage
				systems, other structures, fencing, and other infrastructure;
(iii) the location, grades, and dimensions of
				all temporary and permanent onsite and access roads from the nearest county or
				state maintained road;
(iv) water
				bodies, waterways, wetlands, and drainage channels; and
(v) for facilities subject to 9VAC15-100-30,
				the location of any mitigation measures and resources subject to
				mitigation.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-80 - Small energy storage facility design standards and operational plans

Current through Register Vol. 40, No. 24, July 15, 2024
A. The design and
				installation of the small energy storage facility shall incorporate any
				requirements of the mitigation plan that pertain to design and installation if
				a mitigation plan is required pursuant to 9VAC15-100-50 or 9VAC15-100-60 as
				applicable.
B. The applicant shall
				prepare an operation plan detailing operational parameters for the project,
				including (i) remote monitoring or staffing requirements, (ii) emergency
				procedures and contacts, (iii) vegetation to be used within the disturbance
				zone and 100-foot buffer or local zoning setback requirement as applicable, and
				(iv) application frequency of pesticides or herbicides over the life of the
				project. Owners and operators are encouraged to utilize the link to the DACS
				Fieldwatch in 9VAC15-100-120 B 6 prior to the application of either pesticides
				or herbicides.
Statutory Authority: §§ 10.1-1197.5 and
					 10.1-1197.6 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				applicant shall conduct a public comment period for public review of all
				application documents required by 9VAC15-100-30 and include a summary report of
				the public comment as part of the PBR application. The report shall include
				documentation of the public comment period and public meeting and include a
				summary of the issues raised by the public, any written comments received, and
				the applicant's response to those comments.
B. The applicant shall publish a notice
				announcing a 30-day comment period. The notice shall be published once a week
				for two consecutive weeks in a local newspaper of general circulation where the
				project is to be located. The notice shall include the following:
1. A brief description of the proposed
				project and its location, including the approximate dimensions of the site,
				approximate number and configuration of energy storage systems, and approximate
				maximum height of energy storage systems;
2. A statement that the purpose of the public
				participation is to (i) acquaint the public with the technical aspects of the
				proposed project and how the standards and the requirements of this chapter
				will be met, (ii) identify issues of concern, (iii) facilitate communication,
				and (iv) establish a dialogue between the owner or operator and persons that
				may be affected by the project;
3.
				Announcement of a 30-day comment period in accordance with subsection D of this
				section, and the name, telephone number, address, and email address of the
				applicant who can be contacted by the interested persons to answer questions or
				to whom comments shall be sent;
4.
				Announcement of the date, time, and place for a public meeting held in
				accordance with subsection E of this section; and
5. Location where copies of the documentation
				to be submitted to the department in support of the permit by rule application
				will be available for inspection.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-100 - Permit by rule change of ownership, project modifications, reporting, and permit termination

Current through Register Vol. 40, No. 24, July 15, 2024
A. A PBR
				may be transferred to a new owner or operator through an administrative
				amendment to the permit. The department will incorporate the administrative
				changes to the PBR after the receipt of notification of the change in a form
				acceptable to the department, including a written agreement between the
				existing and new owner or operator containing a specific date for transfer of
				permit responsibility, coverage, and liability between them. The transfer of
				the PBR to the new owner or operator shall be effective on the date specified
				in the written agreement. Information required for a change of ownership shall
				be submitted to the department within 30 days of the transfer date. The
				department will not consider the change of operator, ownership, or controlling
				interest for a facility to be effective until the department receives
				notification from both the original applicant and the new applicant.
B. A PBR name may be changed through an
				administrative amendment to the permit as follows.
1. Information required for a change of
				ownership shall be submitted to the department within 30 days of the change
				date.
2. The department will
				incorporate the administrative changes to the PBR after receipt of the
				notification in a form acceptable to the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-110 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Fees shall be
				collected for an application for a PBR or an application to retrofit an
				existing PBR for a project subject either to 9VAC15-100-30 or 9VAC15-100-130.
				No fee shall be required for administrative permit changes pursuant to
				9VAC15-100-100 A or B.
B. Fees for
				PBR applications or retrofits shall be paid by the applicant as follows.
1. All permit application and retrofit fees
				if applicable are due at the time of application or retrofit
				submittal.
2. Fees shall be
				collected utilizing, where practicable, an online payment system. Until such
				system is operational, fees shall be paid by check, draft, or postal money
				order made payable to "Treasurer of Virginia/DEQ" and shall be sent to the
				Department of Environmental Quality, Receipts Control, P.O. Box 1104, Richmond,
				VA 23218.
a. Fees shall be in United States
				currency, except that agencies and institutions of the Commonwealth of Virginia
				may submit interagency transfers for the amount of the fee.
b. The department may provide a means to pay
				fees electronically. When fees are collected electronically pursuant to this
				section through credit cards, business transaction costs to the department
				associated with processing such payments may be assessed.
3. All incomplete payments shall be deemed
				nonpayment.
4. No PBR application,
				modification, or retrofit will be deemed complete until the department receives
				proper payment.
a. Interest may be charged for
				late payments at the underpayment rate set forth in § 58.1-15 of the Code
				of Virginia and is calculated on a monthly basis at the applicable periodic
				rate. A 10% late payment fee shall be charged to any delinquent (over 90 days
				past due) account.
b. The
				department is entitled to all remedies available under the Code of Virginia in
				collecting any past due amount.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-120 - Hybrid projects

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Applicants for a hybrid renewable energy and storage facility shall submit one
				application combining and satisfying the requirements of 9VAC15-100-30 and the
				application requirements for any other small renewable energy project that is
				applicable. The department may request any additional information beyond that
				listed in this section as needed in order that the application and final permit
				be correct and complete.
B.
				Applicants for a hybrid facility may combine the requirements for an analysis
				of the beneficial and adverse impacts on natural resources under 9VAC15-100-40
				with those for similar analyses that are required for any other small renewable
				energy project that is applicable.
C. Applicants for a hybrid facility may
				combine the mitigation plan requirements of 9VAC15-100-60 with the mitigation
				plan requirements for any other small renewable energy project that is
				applicable.
D. Applicants for a
				hybrid facility may combine the site plan and context map requirements of
				9VAC15-100-70 with the site plan and context map requirements for any other
				small renewable energy project that is applicable.
E. Applicants for a hybrid facility may
				combine the public participation requirements of 9VAC15-100-90 with the public
				participation requirements for any other small renewable energy project that is
				applicable.
F. Applicants for a
				hybrid facility are not subject to the fee for the small energy storage
				facility portion of the hybrid facility project set forth in
				9VAC15-100-110.
G. The rated
				capacity of the small energy storage portion of a hybrid renewable energy and
				storage facility is not added to that of any other small renewable energy
				project that is part of the overall hybrid facility when determining the hybrid
				facility's qualification for a permit by rule.
H. The addition of a small energy storage
				facility subject to this chapter, if identified on the site plan of a permit by
				rule for a constructed or operating small renewable energy project, shall not
				be considered a modification to the small renewable energy project.
I. The addition of an electrical storage
				facility adjacent but beyond the approved site plan of an existing small
				renewable energy project shall not be considered a hybrid project.
Statutory Authority: §§ 10.1-1197.5 and
					 10.1-1197.6 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 15 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 100 - DEFINITIONS › Section 9VAC15-100-130 - Small energy storage facilities with a disturbance zone less than or equal to 10 acres or meeting certain categorical criteria

Current through Register Vol. 40, No. 24, July 15, 2024
A. Facilities meeting one of the following
				conditions shall be subject to this section:
1. Facilities with a disturbance zone less
				than or equal to 10 acres; or
2.
				Facilities located on previously disturbed or repurposed areas without regard
				to the size of the disturbance zone, or the rated power capacity is less than
				or equal to 150 MW and any impact to undisturbed areas is less than or equal to
				10 acres.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 9VAC20-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Virginia Waste Management Board. This chapter does not apply to regulations,
					 guidelines, or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 10.1-1402 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Personsv › Section 9VAC20-11-30 - Notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency
				  shall maintain a list of persons who have requested to be notified of
				  regulatory actions being pursued by the agency.
B. Any person may request to be placed on a
				  notification list by registering as a public user on the Town Hall or by making
				  a request to the agency. Any person who requests to be placed on a notification
				  list shall elect to be notified either by electronic means or through a postal
				  carrier.
C. The agency may maintain
				  additional lists for persons who have requested to be informed of specific
				  regulatory issues, proposals, or actions.
D. When electronic mail is returned as
				  undeliverable on multiple occasions at least 24 hours apart, that person may be
				  deleted from the list. A single undeliverable message is insufficient cause to
				  delete the person from the list.
E.
				  When mail delivered by a postal carrier is returned as undeliverable on
				  multiple occasions, that person may be deleted from the list.
F. The agency may periodically request those
				  persons on the notification list to indicate their desire to either continue to
				  be notified electronically, receive documents through a postal carrier, or be
				  deleted from the list.
Statutory Authority
§§ 2.2-4007.02 and 10.1-1402 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Personsv › Section 9VAC20-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  9VAC20-11-30, the agency shall send
				  the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to (i) submit data, views, and
				  arguments, either orally or in writing, to the agency; and (ii) be accompanied
				  by and represented by counsel or other representative. Such opportunity to
				  comment shall include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 10.1-1402 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 9VAC20-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part I - Definitions › Section 9VAC20-15-10 - Use of terms

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the
				  purpose of this chapter and subsequent amendments to it, of regulations of the
				  board, or of orders issued by the board, the words or terms shall have the
				  meanings given them in
				  9VAC20-15-20.
B. Unless specifically defined in the
				  Virginia Waste Management Act or in the regulations of the board, terms used
				  shall have the meanings commonly ascribed to them.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-30 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. The provisions
				  of this chapter, unless specified otherwise, shall apply throughout the
				  Commonwealth of Virginia.
B. The
				  provisions of this chapter, unless specified otherwise, shall apply in the
				  administration of all regulations of the board to the extent not covered by a
				  specific regulation of the board. In cases where the provisions of this chapter
				  conflict with another regulation of the board, the provisions of the other
				  regulation shall apply.
C. No
				  provision of this chapter shall limit the power of the board to take
				  appropriate action as necessary to carry out its duties under the Virginia
				  Waste Management Act.
D. By the
				  adoption of this chapter, the board confers upon the director the
				  administrative, enforcement, and decision-making authority articulated in this
				  chapter.
E. Nothing in this chapter
				  shall create or alter any right, action, or cause of action, or be interpreted
				  or applied in a manner inconsistent with the Administrative Process Act (§
				  2.2-4000 et seq. of the Code of Virginia), with applicable federal law, or with
				  any applicable requirement for the Commonwealth to obtain or maintain federal
				  delegation or approval of any regulatory program.
F. For a permit in dispute, dispute
				  resolution may not be initiated after the final permit is issued. For a
				  regulation in dispute, dispute resolution may not be initiated after the final
				  regulation is adopted.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-40 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  shall be construed to encourage the fair, expeditious, voluntary, consensual
				  resolution of disputes. It shall not be construed to preclude collaborative
				  community problem solving.
B.
				  Dispute resolution shall be used to resolve only those disputes that reveal
				  significant issues of disagreement among parties and may be used unless the
				  board decides that it is not in the public interest to do so.
C. The decision to employ dispute resolution
				  is in the board's sole discretion and is not subject to judicial
				  review.
D. The outcome of any
				  dispute resolution procedure shall not be binding upon the board but may be
				  considered by the board in issuing a permit or promulgating a
				  regulation.
E. Dispute resolution
				  may be used to resolve a dispute relating to the promulgation, amendment, or
				  repeal of a regulation that is subject to the public participation process
				  prescribed in Article 2 (§ 2.2-4006 et seq. of the Code of Virginia) of
				  the Administrative Process Act.
F.
				  Dispute resolution may be used to resolve a dispute involving any process
				  relating to the issuance of a permit. Dispute resolution may be used in this
				  case only with the consent and participation of the permit applicant and may be
				  terminated at any time at the request of the permit applicant.
G. The board shall consider not using dispute
				  resolution in the circumstances listed in § 10.1-1186.3 A of the Code of
				  Virginia.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-50 - Costs

Current through Register Vol. 40, No. 24, July 15, 2024
A. Compensation of
				  the neutral and any other associated common costs, such as rental fees, shall
				  be the responsibility of the parties. Compensation of each party's counsel and
				  other individual costs shall be the responsibility of that party alone, unless
				  the parties agree otherwise.
B. An
				  agreement regarding compensation and other associated costs shall be reached
				  between the neutral and the parties before the dispute resolution procedure
				  commences and shall be memorialized in writing.
C. In the absence of an agreement to the
				  contrary, all costs shall be paid by the parties in equal shares.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-60 - Date, time, and place

Current through Register Vol. 40, No. 24, July 15, 2024
The dispute resolution procedure shall be conducted in any
					 place within the Commonwealth of Virginia, on any date, and at any time
					 agreeable to the parties and the neutral .
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-70 - Attendance at the dispute resolution procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A. All parties shall attend all sessions of
				  the dispute resolution procedure. Any party who fails to attend any session
				  shall be conclusively deemed to have dropped out of the dispute resolution
				  procedure. A party may satisfy the attendance requirement by sending a
				  representative familiar with the facts of the case. This representative shall
				  have the authority to negotiate and to recommend settlement to the party that
				  he represents.
B. Any party may
				  have the assistance of an attorney or other representative during any session
				  of the dispute resolution procedure.
C. Persons who are not parties or
				  representatives of parties may attend dispute resolution sessions only with the
				  permission of all parties and with the consent of the neutral .
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-90 - Public participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  general, when a dispute has been referred to dispute resolution, the public
				  shall be so notified by a notice placed in the Virginia Register of
				  Regulations. The public also may be notified by any other means deemed
				  appropriate by the board. The notice shall state the nature of the dispute and
				  the name, telephone number, postal address, and email address of the department
				  staff person to whom a member of the public should apply in order to become a
				  party. The notice shall allow for a response time of at least 10 business days
				  following publication.
B. Anyone
				  who is interested in becoming a party in the pending dispute resolution and who
				  meets the eligibility criteria specified in the definition of "party" in
				  9VAC20-15-20 shall, within the time
				  allotted in the notice, apply to the department staff person listed in the
				  notice. The application shall include the name, telephone number, postal
				  address, and, if applicable, the fax number and email address of the interested
				  person. The application shall also include a brief statement setting forth the
				  factual nature and the extent of the interest of the requester in the
				  dispute.
C. The director shall
				  respond to the application of the interested person in writing, explaining the
				  obligations of a party to dispute resolution concerning attendance and costs.
				  The director shall also request that the interested person submit a dated and
				  signed statement as follows: "I understand that by becoming a party to dispute
				  resolution, I am obligated to abide by Virginia law and regulations concerning
				  dispute resolution and that I incur partial financial responsibility for the
				  dispute resolution procedure."
D.
				  After receiving the signed and dated statement from the interested person as
				  required by subsection C of this section, the director may consider this person
				  a party and proceed accordingly.
Statutory Authority: 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-100 - Standards for and authority of neutral

Current through Register Vol. 40, No. 24, July 15, 2024
A. A neutral participating in a dispute
				  resolution procedure pursuant to this chapter shall comply with all provisions
				  of this section. A neutral shall indicate compliance by filing with the
				  director a signed, written statement as follows: "I agree to comply with
				  Virginia's statutes and regulations governing dispute resolution, including
				  § 10.1-1186.3 of the Code of Virginia and
				  9VAC20-15-10 et seq."
B. A neutral acting as a mediator shall
				  adhere to the Judicial Council of Virginia's Standards of Ethics and
				  Professional Responsibility for Certified Mediators, effective July 1, 2011,
				  and the standards and duty provisions of § 8.01-581.24 of the Code of
				  Virginia. A neutral conducting a nonmediation dispute resolution proceeding
				  shall adhere to the requirements of § 8.01-576.9 of the Code of
				  Virginia.
C. If a complaint is made
				  to the director that a neutral has failed to comply with all the provisions of
				  the applicable regulations, laws, and Judicial Council Standards during a
				  dispute resolution proceeding, the director shall notify the neutral of the
				  complaint and shall give the neutral 10 business days to respond in writing. If
				  the director deems the response unsatisfactory, or if no response is made by
				  the deadline, the director shall remove the neutral from the ongoing dispute
				  resolution process. The parties to the terminated dispute resolution procedure
				  shall decide whether to continue in the same dispute resolution procedure with
				  a new neutral , to begin a new dispute resolution procedure, or to forego
				  further dispute resolution.
D. The
				  recommendation of a neutral is not a case decision as defined in §
				  2.2-4001 of the Administrative Process Act and therefore may not be
				  appealed.
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-110 - Resumes of neutrals and descriptions of dispute resolution programs

Current through Register Vol. 40, No. 24, July 15, 2024
The department may maintain a file containing the resumes
					 of neutrals and descriptions of dispute resolution programs. The file shall
					 contain a disclaimer stating, "Inclusion of a resume or dispute resolution
					 program description in this file does not constitute an endorsement of a
					 neutral or a dispute resolution program, nor should negative implications be
					 drawn from the fact that a neutral's resume or a dispute resolution program
					 description is not included in this file. Parties are not obligated to choose a
					 neutral or dispute resolution program from those whose resumes and descriptions
					 are maintained in this file."
Statutory Authority: § 10.1-1186.3 of the Code of
						Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-120 - Enforcement of written settlement agreement

Current through Register Vol. 40, No. 24, July 15, 2024
The board may incorporate the terms of the written
					 settlement agreement into decisions pertinent to the case.
Statutory Authority
§ 10.1-1186.3 of the Code of Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part II - General Provisions › Section 9VAC20-15-130 - Referral of disputes to dispute resolution

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board, consistent with the provisions
				  of 9VAC20-15-40 G, may refer a dispute
				  to dispute resolution.
B. A party
				  other than the board may request dispute resolution by applying to the
				  director.
1. The application shall contain
				  the following:
a. A request for dispute
				  resolution, specifying mediation or another dispute resolution
				  procedure;
b. The names, postal
				  addresses, telephone numbers, fax numbers, e-mail addresses, or other
				  appropriate communication addresses or numbers of all known parties to the
				  dispute and of their attorneys, if known; and
c. A statement of issues and a summary of the
				  basis for the dispute.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 15 - REGULATION FOR DISPUTE RESOLUTION › Part III - Mediation Procedures › Section 9VAC20-15-140 - Appointment of mediator

Current through Register Vol. 40, No. 24, July 15, 2024
A. If
				  the director has decided that mediation is appropriate, any party may nominate
				  a mediator.
B. If all parties agree
				  with the nomination, the director shall appoint that person the mediator for
				  the case and shall notify the parties accordingly.
C. If all parties do not agree with the
				  nomination, the following procedure shall apply:
1. By a date specified by the director, each
				  party shall name up to three mediators who would be acceptable to that party.
				  These mediators may or may not have resumes on file with the
				  department.
2. The director shall
				  compile a list of the names submitted and send it to the parties.
3. Upon receipt of the list, each party may
				  strike two names and return the list to the director within 14 business days
				  following the date on which the list was mailed.
4. On the next business day after the 14-day
				  period expires or as soon as practicable thereafter, the director shall appoint
				  a mediator from the remaining list of names and shall notify the parties
				  accordingly.