9VAC20-40-140. Final decision on certification of site approval.
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, Virginia Register Volume 21, Issue 20, eff. July 13, 2005; Volume 29, Issue 21, eff. July 17, 2013.
9VAC20-40-150. Amendment of certification of site approval.
A. Certification may be amended at the request of any interested party as defined in 9VAC20-40-130 D or upon the board's initiative, but only for the causes listed in this section. All requests shall be in writing and shall contain facts or reasons supporting the request. The board shall make its determination following a review of the cause based on appropriate information or testimony by the initiator or the applicant (current owner or operator) or both within 45 days of receiving notice. If, in the opinion of the board, the amendment is of major public interest, the board may schedule a public hearing according to the requirements outlined in 9VAC20-40-130.
B. If the board decides the request is not justified, it shall send the requestor a brief response giving a reason for the decision.
C. The following are causes for amendment of certification of site approval:
1. There are material or substantial alterations or additions to the approved site which occurred after certification which justify the application of conditions that are different or absent in the existing certification;
2. The board has received information pertaining to circumstances or conditions existing at the time the certification of the site was approved that was not included in the administrative record and would have justified the application of different conditions, if, in the judgment of the board, such modification is necessary to prevent significant adverse effects on public health or the environment; and
3. The standards or regulations on which the certification was based have been changed by promulgation of amended standards or regulations or by judicial decision after the certification was approved, if, in the judgment of the board, such modification is necessary to prevent significant adverse effects on public health or the environment. Certification may be amended by reason of judicial decision only if a court of competent jurisdiction has remanded and stayed board regulations, and if the remand and stay concern that portion of the regulations on which the certification condition was based and a request is filed within 90 days of judicial remand.
D. Certification of site approval shall be terminated in accordance with § 10.1-1446 of the Code of Virginia.
Statutory Authority
§§ 10.1-1434 and 10.1-1436 of the Code of Virginia.
Historical Notes
Derived from VR672-01-4 § 4.2, eff. April 30, 1986; amended, Virginia Register Volume 21, Issue 20, eff. July 13, 2005.