2006 Code of Virginia § 10.1-1402 - Powers and duties of the Board

10.1-1402. Powers and duties of the Board.

The Board shall carry out the purposes and provisions of this chapter andcompatible provisions of federal acts and is authorized to:

1. Supervise and control waste management activities in the Commonwealth.

2. Consult, advise and coordinate with the Governor, the Secretary, theGeneral Assembly, and other state and federal agencies for the purpose ofimplementing this chapter and the federal acts.

3. Provide technical assistance and advice concerning all aspects of wastemanagement.

4. Develop and keep current state waste management plans and providetechnical assistance, advice and other aid for the development andimplementation of local and regional waste management plans.

5. Promote the development of resource conservation and resource recoverysystems and provide technical assistance and advice on resource conservation,resource recovery and resource recovery systems.

6. Collect data necessary to conduct the state waste programs, including dataon the identification of and amounts of waste generated, transported, stored,treated or disposed, and resource recovery.

7. Require any person who generates, collects, transports, stores or providestreatment or disposal of a hazardous waste to maintain records, manifests andreporting systems required pursuant to federal statute or regulation.

8. Designate, in accordance with criteria and listings identified underfederal statute or regulation, classes, types or lists of waste that it deemsto be hazardous.

9. Consult and coordinate with the heads of appropriate state and federalagencies, independent regulatory agencies and other governmentalinstrumentalities for the purpose of achieving maximum effectiveness andenforcement of this chapter while imposing the least burden of duplicativerequirements on those persons subject to the provisions of this chapter.

10. Apply for federal funds and transmit such funds to appropriate persons.

11. Promulgate and enforce regulations, and provide for reasonable variancesand exemptions necessary to carry out its powers and duties and the intent ofthis chapter and the federal acts, except that a description of provisions ofany proposed regulation which are more restrictive than applicable federalrequirements, together with the reason why the more restrictive provisionsare needed, shall be provided to the standing committee of each house of theGeneral Assembly to which matters relating to the content of the regulationare most properly referable.

12. Subject to the approval of the Governor, acquire by purchase, exercise ofthe right of eminent domain as provided in Chapter 2 ( 25.1-200 et seq.) ofTitle 25.1, grant, gift, devise or otherwise, the fee simple title to anylands, selected in the discretion of the Board as constituting necessary andappropriate sites to be used for the management of hazardous waste as definedin this chapter, including lands adjacent to the site as the Board may deemnecessary or suitable for restricted areas. In all instances the Board shalldedicate lands so acquired in perpetuity to such purposes. In its selectionof a site pursuant to this subdivision, the Board shall consider theappropriateness of any state-owned property for a disposal site in accordancewith the criteria for selection of a hazardous waste management site.

13. Assume responsibility for the perpetual custody and maintenance of anyhazardous waste management facilities.

14. Collect, from any person operating or using a hazardous waste managementfacility, fees sufficient to finance such perpetual custody and maintenancedue to that facility as may be necessary. All fees received by the Boardpursuant to this subdivision shall be used exclusively to satisfy theresponsibilities assumed by the Board for the perpetual custody andmaintenance of hazardous waste management facilities.

15a. Collect, from any person operating or proposing to operate a hazardouswaste treatment, storage or disposal facility or any person transportinghazardous waste, permit fees sufficient to defray only costs related to theissuance of permits as required in this chapter in accordance with Boardregulations, but such fees shall not exceed costs necessary to implement thissubdivision. All fees received by the Board pursuant to this subdivisionshall be used exclusively for the hazardous waste management program setforth herein.

15b. Collect fees from large quantity generators of hazardous wastes.

16. Collect, from any person operating or proposing to operate a sanitarylandfill or other facility for the disposal, treatment or storage ofnonhazardous solid waste: (i) permit application fees sufficient to defrayonly costs related to the issuance, reissuance, amendment or modification ofpermits as required in this chapter in accordance with Board regulations, butsuch fees shall not exceed costs necessary to issue, reissue, amend or modifysuch permits and (ii) annual fees established pursuant to 10.1-1402.1:1.All such fees received by the Board shall be used exclusively for the solidwaste management program set forth herein. The Board shall establish aschedule of fees by regulation as provided in 10.1-1402.1, 10.1-1402.2 and10.1-1402.3.

17. Issue, deny, amend and revoke certification of site suitability forhazardous waste facilities in accordance with this chapter.

18. Make separate orders and regulations it deems necessary to meet anyemergency to protect public health, natural resources and the environmentfrom the release or imminent threat of release of waste.

19. Take actions to contain or clean up sites or to issue orders to requirecleanup of sites where solid or hazardous waste, or other substances withinthe jurisdiction of the Board, have been improperly managed and to institutelegal proceedings to recover the costs of the containment or clean-upactivities from the responsible parties.

20. Collect, hold, manage and disburse funds received for violations of solidand hazardous waste laws and regulations or court orders pertaining theretopursuant to subdivision 19 of this section for the purpose of responding tosolid or hazardous waste incidents and clean-up of sites that have beenimproperly managed, including sites eligible for a joint federal and stateremedial project under the federal Comprehensive Environmental Response,Compensation, and Liability Act of 1980, Public Law 96-510, as amended by theSuperfund Amendments and Reauthorization Act of 1986, Public Law 99-499, andfor investigations to identify parties responsible for such mismanagement.

21. Abate hazards and nuisances dangerous to public health, safety or theenvironment, both emergency and otherwise, created by the improper disposal,treatment, storage, transportation or management of substances within thejurisdiction of the Board.

22. Notwithstanding any other provision of law to the contrary, regulate themanagement of mixed radioactive waste.

23. (Expires July 1, 2012) Adopt regulations concerning the criteria andstandards for removal of mercury switches by vehicle demolishers.

(1986, cc. 492, 566, 10-266; 1987, c. 122; 1988, cc. 117, 891; 1990, cc.499, 919; 1991, c. 718; 1992, c. 853; 1993, c. 456; 2003, c. 940; 2004, cc.249, 324; 2006, cc. 16, 163.)

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