2006 Code of Virginia § 10.1-1435 - Certification of site approval required; "construction" defined; remedies

10.1-1435. Certification of site approval required; "construction"defined; remedies.

A. No person shall construct or commence construction of a hazardous wastefacility without first obtaining a certification of site approval by theBoard in the manner prescribed herein. For the purpose of this section,"construct" and "construction" mean (i) with respect to new facilities,the significant alteration of a site to install permanent equipment orstructures or the installation of permanent equipment or structures; (ii)with respect to existing facilities, the alteration or expansion of existingstructures or facilities to initially accommodate hazardous waste, anyexpansion of more than fifty percent of the area or capacity of an existinghazardous waste facility, or any change in design or process of a hazardouswaste facility that will, in the opinion of the Board, result in asubstantially different type of facility. Construction does not includepreliminary engineering or site surveys, environmental studies, siteacquisition, acquisition of an option to purchase or activities normallyincident thereto.

B. Upon receiving a written request from the owner or operator of thefacility, the Board may allow, without going through the procedures of thisarticle, any changes in the facilities which are designed to:

1. Prevent a threat to human health or the environment because of anemergency situation;

2. Comply with federal or state laws and regulations; or

3. Demonstrably result in safer or environmentally more acceptable processes.

C. Any person violating this section may be enjoined by the circuit court ofthe jurisdiction wherein the facility is located or the proposed facility isto be located. Such an action may be instituted by the Board, the AttorneyGeneral, or the political subdivision in which the violation occurs. In anysuch action, it shall not be necessary for the plaintiff to plead or proveirreparable harm or lack of an adequate remedy at law. No person shall berequired to post any injunction bond or other security under this section. Noaction may be brought under this section after a certification of siteapproval has been issued by the Board, notwithstanding the pendency of anyappeals or other challenges to the Board's action. In any action under thissection, the court may award reasonable costs of litigation, includingattorney and expert witness fees, to any party if the party substantiallyprevails on the merits of the case and if in the determination of the courtthe party against whom the costs are awarded has acted unreasonably.

(1986, c. 492, 10-291; 1988, c. 891.)