Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 20. Virginia Waste Management Board
Chapter 40. Administrative Procedures for Hazardous Waste Facility Site Certification

9VAC20-40-140. Final Decision on Certification of Site Approval.

Part IV
Certification and Approval of Site

A. Within 45 days after the close of the public hearing, the board shall meet within or in close proximity to the host community and shall vote to issue or deny the certification of site approval. The board may include in the certification any terms and conditions which it deems necessary and appropriate to protect and prevent injury or adverse risk to health, safety, welfare, the environment and natural resources. At least seven days notice of the date, time, place and purpose of the meeting shall be made in the manner provided in § 10.1-1447 of the Code of Virginia. No testimony or evidence will be received at the meeting.

B. The board shall grant the certification of site approval if it finds:

1. That the terms and conditions of it will protect and prevent injury or unacceptable adverse risk to health, safety, welfare, the environment and natural resources;

2. That the facility will comply and be consistent with the criteria promulgated by the board; and

3. That the applicant has made reasonable and appropriate efforts to reach a siting agreement with the host community including, though not limited to, efforts to mitigate or compensate the host community and its residents for adverse economic effects, if any, of the facility.

C. The board's decision to grant or deny certification will be based on the hearing record and shall be accompanied by the written findings of fact and conclusions upon which the decision was based. The board shall provide the applicant and the governing body of the host community with copies of the decision, together with the findings and conclusions, by certified mail in accordance with § 10.1-1183 of the Code of Virginia.

D. The grant or denial of certification constitutes final action by the board.

Statutory Authority

§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.

Historical Notes

Derived from VR672-01-4 § 4.1, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005; Volume 29, Issue 21, eff. July 17, 2013.

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