2006 Code of Virginia § 10.1-1454.3 - Regulation of road transportation of waste

10.1-1454.3. Regulation of road transportation of waste.

A. The Board, in consultation with the appropriate agencies, shall developregulations governing the commercial transport of nonhazardous municipalsolid waste, except scrap metal and source-separated recyclables, andregulated medical waste by truck as are necessary to protect the health,safety, and welfare of the citizens of the Commonwealth, and to protect theCommonwealth's environment and natural resources from pollution, impairment,or destruction. Included in the regulations, to the extent allowable underfederal law and regulation, shall be provisions:

1. Governing the transport of wastes by truck and the design and constructionof the containers and trailers transporting waste by truck so that they willbe designed, constructed and maintained so as to, as much as is reasonablypracticable, prevent the escape of wastes and liquids and to prevent the lossor spillage of wastes to the extent possible in the event of an accident; and

2. Requiring owners of trucks transporting wastes regulated under thisarticle to demonstrate financial responsibility sufficient to comply with therequirements of this article as a condition of operation. Regulationsgoverning the amount of any financial responsibility required shall take intoconsideration (i) the risk of potential damage or injury that may result fromspillage or leakage; (ii) the potential costs of containment and cleanup; and(iii) the nature and degree of injury or interference with general health,welfare and property that may result.

B. The owner or operator of a truck from which there is spillage or loss ofwastes subject to regulations under this article shall immediately reportsuch spillage or loss in accordance with the regulations of the Board andshall immediately take all such actions as may be necessary to contain andremove such wastes.

C. No person shall transport by truck wastes regulated under this articleunless the containers carried thereon are designed, constructed, loaded,operated and maintained in accordance with the regulations developed pursuantto subsection A. A violation of this subsection shall be a Class 1misdemeanor.

D. For the purposes of this section, the term "truck" means any tractortruck semitrailer combination with four or more axles.

(1999, cc. 584, 613, 947.)