Administrative Code

Virginia Administrative Code
1/23/2021

Chapter 30. Technical Assistance Fund Administrative Procedures

Part I
General

Article 1
Purpose and Authority

9VAC20-30-10. [Reserved].

Article 1
Purpose and Authority

9VAC20-30-20. Purpose of chapter.

Section 10.1-1433 et seq. of the Code of Virginia, makes available to the governing body of a host community a reasonable sum from the technical assistance fund. This chapter establishes procedures for obtaining funds and guidelines for their use.

Statutory Authority

§§ 10.1-1401 et seq. and 10.1-1433 et seq. of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 1.2, eff. April 30, 1986.

Article 2
Definitions

9VAC20-30-30. Definitions.

Article 2
Definitions

Article 6 (§ 10.1-1433 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia defines several words and terms which are used in this chapter. Unless the context clearly indicates otherwise, those words and terms will have the same meaning when used in this chapter. In addition, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means §§ 10.1-1433 through 10.1-1449 of the Code of Virginia.

"Board" means the Virginia Waste Management Board.

"Department" means the Virginia Department of Environmental Quality.

"Technical assistance" means aid which enable the governing body of the host community to better understand and assist the environmental, economic, and social impact of a hazardous waste facility at a particular site. "Technical assistance" does not include legal services or services of a negotiator as such.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 1.3, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

Part II
Availability

9VAC20-30-40. Technical assistance fund.

Money from the technical assistance fund, established by § 10.1-1448 of the Code of Virginia, shall be available to each host community. This money may be used only to provide the governing body of the host community with technical assistance, as defined elsewhere in this chapter. Funds will not be made available when the local government is the applicant or when an applicant represents the host community.

Statutory Authority

§§ 10.1-1401 et seq. and 10.1-1433 et seq. of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 2.1, eff. April 30, 1986.

9VAC20-30-50. Amount of allocation.

The board shall make available to the host community up to $50,000 per proposed facility.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 2.2, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

Part III
Application for Funds

9VAC20-30-60. Time frame.

At any time between receipt of the notice of intent and the due date of the report of the governing body on the siting agreement negotiations, the host community may request an allocation from the technical assistance fund.

Statutory Authority

§§ 10.1-1401 et seq. and 10.1-1433 et seq. of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 3.1, eff. April 30, 1986.

9VAC20-30-70. Form and manner of request for allocation.

The host community's request for an allocation from the technical assistance fund shall be adopted by the governing body. The request shall be sent to the board by registered mail or by other means requiring receipt for delivery.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 3.2, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

9VAC20-30-80. Content of request.

A. The board shall evaluate the request for funding within 30 days of receipt of the request. The board shall notify the host community of the date, time, and location of the meeting to consider the request. A representative of the host community may make an oral presentation at the meeting.

B. The request must contain the following information:

1. A cover letter providing background information and a brief summary of the request;

2. A detailed breakdown of the manner in which the funds are to be spent;

3. A description of the technical assistance desired and the reasons it is necessary, including complexity or uniqueness of local government needs with respect to the proposed facility and staff requirements;

4. A detailed breakdown of each aspect of the technical assistance desired and the cost for each aspect; and

5. Any other relevant information or supporting documents the host community wishes to include.

C. Within 30 days of the meeting described in this section, the board shall determine what funds, if any, shall be distributed to the host community for technical assistance.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 3.3, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

9VAC20-30-90. Contract.

Upon approval of the request, the director shall promptly send to the host community a contract based on the model provided in Appendix I for the distribution of funds to localities. The contract must be approved and executed by the governing body of the host community and returned to the board.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 3.4, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

Part IV
Accountability

9VAC20-30-100. Unused moneys.

Any money awarded to a host community from the technical assistance fund which is not spent shall be returned to the board within 60 days of the date of completed contract work.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 4.1, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

9VAC20-30-110. Accounting of moneys spent.

Within 60 days of the date of the completed contract work, the governing body of the host community shall provide the board with a certified accounting statement of all moneys expended from the technical assistance fund.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 4.2, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

9VAC20-30-120. Misused moneys.

In the event the board learns that moneys awarded to a host community from the technical assistance fund have not been spent on technical assistance, the board shall take any action it deems necessary to recover the misused moneys.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from VR672-01-3 § 4.3, eff. April 30, 1986; amended, Volume 21, Issue 20, eff. July 13, 2005.

Part V
Delegations

9VAC20-30-130. Delegations.

The director may perform any act of the board provided under this chapter, except as limited by §§ 10.1-1433 through 10.1-1449 of the Code of Virginia.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Derived from Volume 21, Issue 20, eff. July 13, 2005.

9VAC20-30-130:1. APPENDIX I. TECHNICAL ASSISTANCE FUND GRANT.

APPENDIX I. TECHNICAL ASSISTANCE FUND GRANT

In response to the Code of Virginia, Title 10.1, Chapter 14 (§ 10.1-1433 et seq.), the Virginia Waste Management Board (the board) shall make available to the governing body of a host community a reasonable sum of money from the technical assistance fund. (The host community) is this day receiving the sum of $___ from the technical assistance fund.

The host community agrees to take the grant subject to all the requirements and restrictions imposed by the Act and by the regulation of the board regarding the technical assistance fund and to use the grant only to provide itself with technical assistance as defined in those chapters.

The host community agrees to return to the board any unused moneys from the grant along with a certified accounting statement of all moneys expended from the grant, within 60 days of the date of the completed contract work. The host community acknowledges its liability for any moneys from the grant which the board finds have not been spent on technical assistance.

Statutory Authority

§§ 10.1-1434 and 10.1-1438 of the Code of Virginia.

Historical Notes

Amended, Volume 21, Issue 20, eff. July 13, 2005.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.