Virginia Code 10.1-1438: Powers of governing body of host community; technical assistance
A. The governing body of a host community shall have the power to:
Terms Used In Virginia Code 10.1-1438
- Applicant: means the person applying for a certification of site suitability or submitting a notice of intent to apply therefor. See Virginia Code 10.1-1433
- Application: means an application to the Board for a certification of site suitability. See Virginia Code 10.1-1433
- Board: means the Virginia Waste Management Board. See Virginia Code 10.1-1400
- certification: means the certification issued by the Board pursuant to this chapter. See Virginia Code 10.1-1433
- Contract: A legal written agreement that becomes binding when signed.
- facility: means any facility, including land and structures, appurtenances, improvements and equipment for the treatment, storage or disposal of hazardous wastes, which accepts hazardous waste for storage, treatment or disposal. See Virginia Code 10.1-1433
- Fund: means the Technical Assistance Fund created pursuant to § 10. See Virginia Code 10.1-1433
- Host community: means any county, city or town within whose jurisdictional boundaries construction of a hazardous waste facility is proposed. See Virginia Code 10.1-1433
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Hire and pay consultants and other experts on behalf of the host community in matters pertaining to the siting of the facility;
2. Receive and disburse moneys from the fund, and any other moneys as may be available; and
3. Enter into a contract, which may be assignable at the parties’ option, binding upon the governing body of the host community and enforceable against it and future governing bodies of the host community in any court of competent jurisdiction, with an applicant by signing a siting agreement pursuant to § 10.1-1442.
B. The Board shall make available to the governing body from the fund a reasonable sum of money to be determined by the Board. This shall be used by the governing body to hire consultants to provide it with technical assistance and information necessary to aid the governing body in its review of the siting proposal, negotiations with the applicant and the development of a siting agreement.
Unused moneys from the fund shall be returned to the Board. The governing body shall provide the Board with a certified accounting statement of any moneys expended from the fund.
C. The governing body of the host community may appoint a local advisory committee to facilitate communication and the exchange of information among the local government, the community, the applicant and the Board.
D. Notwithstanding the foregoing provisions of this article, the governing body of a host community may notify the Board, within fifteen days after the briefing meeting pursuant to § 10.1-1439, that it has elected to waive further participation under the provisions of this article. After receiving notification from the host community, the Board may issue certification of site approval without further participation by the host community under the provisions of this section and § 10.1-1442. Nothing shall prevent a host community from submitting comments on the application or participating in any public hearing or meeting held pursuant to this chapter, nor shall the host community be precluded from enforcing its regulations and ordinances as provided by subsection G of § 10.1-1446.
1986, c. 492, § 10-294; 1988, c. 891.