2006 Code of Virginia § 15.2-929 - Solid waste management facility siting approval

15.2-929. Solid waste management facility siting approval.

A. Any locality may enact an ordinance regulating the siting of solid wastemanagement facilities within its boundaries. The ordinance shall prescribethe criteria, form of application, and procedure, which shall include apublic hearing, for siting approval. In establishing the criteria, thelocality shall consider the potential effect of the siting of a solid wastemanagement facility on the health, safety and welfare of the residents of thelocality. Any person desiring to site a solid waste management facilitywithin the boundaries of any locality which has adopted an ordinance pursuantto this section shall file its application with the governing body of thelocality. Within 120 days of the receipt of an application which complieswith the provisions of the ordinance, the governing body shall grant or denysiting approval. Failure to act within 120 days shall constitute a grantingof siting approval.

B. Whenever any governing body denies siting approval, the applicant shall beentitled to appeal such decision to the circuit court of the jurisdictiondenying siting approval.

C. Any person who has already been issued a permit to operate a solid wastemanagement facility by the Department of Environmental Quality or hasreceived zoning or other land use approval for the siting of the facility,prior to July 1, 1989, shall not be required to obtain siting approval forsuch solid waste management facility pursuant to the provisions of thissection.

(1989, c. 623, 15.1-11.02; 1997, c. 587.)