Virginia Code 10.1-1442: Negotiations; siting agreement
A. The governing body or its designated representatives and the applicant, after submission of notice of intent to file an application for certification of site approval, may meet to discuss any matters pertaining to the site and the facility, including negotiations of a siting agreement. The time and place of any meeting shall be set by agreement, but at least forty-eight hours’ notice shall be given to members of the governing body and the applicant.
Terms Used In Virginia Code 10.1-1442
- 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
- 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
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
B. The siting agreement may include any terms and conditions, including mitigation of adverse impacts and financial compensation to the host community, concerning the facility.
C. The siting agreement shall be executed by the signatures of (i) the chief executive officer of the host community, who has been so directed by a majority vote of the local governing body, and (ii) the applicant or authorized agent.
D. The Board shall assist in facilitating negotiations between the local governing body and the applicant.
E. No injunction, stay, prohibition, mandamus or other order or writ shall lie against the conduct of negotiations or discussions concerning a siting agreement or against the agreement itself, except as they may be conducted in violation of the provisions of this chapter or any other state or federal law.
1986, c. 492, § 10-298; 1988, c. 891.