2006 Code of Virginia § 10.1-1410 - Financial responsibility for abandoned facilities; penalties

10.1-1410. Financial responsibility for abandoned facilities; penalties.

A. The Board shall promulgate regulations which ensure that if a facility forthe disposal, transfer, or treatment of solid waste is abandoned, the costsassociated with protecting the public health and safety from the consequencesof such abandonment may be recovered from the person abandoning the facility.A facility that receives solid waste from a ship, barge or other vessel andis regulated under 10.1-1454.1 shall be considered a transfer facility forthe purposes of this subsection.

B. The regulations may include provisions for bonding, the creation of atrust fund to be maintained within the Department, self-insurance, otherforms of commercial insurance, or such other mechanism as the Department maydeem appropriate. Regulations governing the amount thereof shall take intoconsideration the potential for contamination and injury by the solid waste,the cost of disposal of the solid waste and the cost of restoring thefacility to a safe condition. Any bonding requirements shall include aprovision authorizing the use of personal bonds or other similar suretydeemed sufficient to provide the protections specified in subsection A upon afinding by the Director that commercial insurance or surety bond cannot beobtained in the voluntary market due to circumstances beyond the control ofthe permit holder. Any commercial insurance or surety obtained in thevoluntary market shall be written by an insurer licensed pursuant to Chapter10 ( 38.2-1000 et seq.) of Title 38.2.

C. No state governmental agency shall be required to comply with suchregulations.

D. Forfeiture of any financial obligation imposed pursuant to this sectionshall not relieve any holder of a permit issued pursuant to the provisions ofthis article of any other legal obligations for the consequences ofabandonment of any facility.

E. Any funds forfeited prior to July 1, 1995, pursuant to this section andthe regulations of the Board shall be paid over to the county, city or townin which the abandoned facility is located. The county, city or town in whichthe facility is located shall expend forfeited funds as necessary to restoreand maintain the facility in a safe condition.

F. Any funds forfeited on or after July 1, 1995, pursuant to this section andthe regulations of the Board shall be paid over to the Director. The Directorshall then expend forfeited funds as necessary solely to restore and maintainthe facility in a safe condition. Nothing in this section shall require theDirector to expend funds from any other source to carry out the activitiescontemplated under this subsection.

G. Any person who knowingly and willfully abandons a solid waste managementfacility without proper closure or without providing adequate financialassurance instruments for such closure shall, if such failure to closeresults in a significant harm or an imminent and substantial threat ofsignificant harm to human health or the environment, be liable to theCommonwealth and any political subdivision for the costs incurred in abating,controlling, preventing, removing, or containing such harm or threat.

Any person who knowingly and willfully abandons a solid waste managementfacility without proper closure or without providing adequate financialassurance instruments for such closure shall, if such failure to closeresults in a significant harm or an imminent and substantial threat ofsignificant harm to human health or the environment, be guilty of a Class 4felony.

(1986, c. 492, 10-273; 1987, cc. 258, 291; 1988, c. 891; 1991, c. 702;1993, c. 837; 1995, c. 739; 2000, cc. 137, 138.)