Virginia Code 10.1-1402.01: Further duties of Board; localities particularly affected
After June 30, 1994, before promulgating any regulation under consideration or granting any variance to an existing regulation, or issuing any treatment, storage, or disposal permit, except for an emergency permit, if the Board finds that there are localities particularly affected by the regulation, variance or permit, the Board shall:
Terms Used In Virginia Code 10.1-1402.01
- Applicant: means any and all persons seeking or holding a permit required under this chapter. See Virginia Code 10.1-1400
- Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
- Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. See Virginia Code 10.1-1400
- Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
- transportation: means any movement of property and any packing, loading, or unloading or storage incidental thereto. See Virginia Code 10.1-1400
- Treatment: means any method, technique, or process, including incineration or neutralization, designed to change the physical, chemical, or biological character or composition of any waste to neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to recovery or storage, or reduced in volume. See Virginia Code 10.1-1400
- Waste: means any solid, hazardous, or radioactive waste as defined in this section. See Virginia Code 10.1-1400
1. Publish, or require the applicant to publish, a notice in a local paper of general circulation in the localities affected at least thirty days prior to the close of any public comment period. Such notice shall contain a statement of the estimated local impact of the proposed action, which at a minimum shall include information on the location and type of waste treated, stored or disposed.
2. Mail the notice to the chief elected official and chief administrative officer and planning district commission for those localities.
Written comments shall be accepted by the Board for at least fifteen days after any hearing on the regulation, variance, or permit, unless the Board votes to shorten the period.
For the purposes of this section, the term “locality particularly affected” means any locality which bears any identified disproportionate material environmental impact which would not be experienced by other localities. For the purposes of this section, the transportation of waste shall not constitute a material environmental impact.
1993, c. 944.