2006 Code of Virginia § 10.1-1445 - Final decision on certification of site approval

10.1-1445. Final decision on certification of site approval.

A. Within forty-five days after the close of the public hearing, the Boardshall meet within or near the host community and shall vote to issue or denythe certification of site approval. The Board may include in thecertification any terms and conditions which it deems necessary andappropriate to protect and prevent injury or adverse risk to health, safety,welfare, the environment and natural resources. At least seven days' noticeof the date, time, place and purpose of the meeting shall be made in themanner provided in 10.1-1447. No testimony or evidence will be received atthe meeting.

B. The Board shall grant the certification of site approval if it finds:

1. That the terms and conditions thereof will protect and prevent injury orunacceptable adverse risk to health, safety, welfare, the environment andnatural resources;

2. That the facility will comply and be consistent with the criteriapromulgated by the Board; and

3. That the applicant has made reasonable and appropriate efforts to reach asiting agreement with the host community including, though not limited to,efforts to mitigate or compensate the host community and its residents forany adverse economic effects of the facility. This requirement shall notapply when the host community has waived participation pursuant to subsectionD of 10.1-1438.

C. The Board's decision to grant or deny certification shall be based on thehearing record and shall be accompanied by the written findings of fact andconclusions upon which the decision was based. The Board shall provide theapplicant and the governing body of the host community with copies of thedecision, together with the findings and conclusions, by certified mail.

D. The grant or denial of certification shall constitute final action by theBoard.

(1986, c. 492, 10-301; 1988, c. 891.)