SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2005 SESSION
051383292Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 14 of Title 10.1 an article numbered 2.2, consisting of sections numbered 10.1-1413.3 and 10.1-1413.4, and an article numbered 2.3 consisting of sections numbered 10.1-1413.5 and 10.1-1413.6, as follows:
§ 10.1-1413.3. Virginia Solid Waste Management and Clean-up Fund; established.
There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Solid Waste Management and Clean-up Fund, hereafter referred to as “the Fund.” The Fund shall be established on the books of the Comptroller. All fees collected pursuant to Article 2.3 of this chapter, any funds appropriated to it by the General Assembly, and such other sums as may be made available to it from any other source, public or private, shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes described in this article, including, but not limited to, personnel, administrative, and equipment costs and expenses directly incurred by the Department, or by any other agency or political subdivision acting at the direction of the Department.
Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director. This Fund shall be exempt from indirect costs assessed by the Department of Accounts.
§ 10.1-1413.4. Virginia Solid Waste Management and Clean-up Fund grant program.
A. The Fund shall be used by the Department to issue grants to localities and to political subdivisions that provide solid waste management services for the proper final closure of landfills that are owned by local governments or political subdivisions, or that are within the locality and have been abandoned in violation of this chapter and are not equipped with liner and leachate control systems meeting the requirements of the Board's regulations. The Department shall prioritize landfills in need of grants pursuant to this subsection based on the greatest threat to human health and the environment. Grants issued pursuant to this subsection shall not replace previously existing financial assurances provided to the Department.
B. The Fund shall also be used by the Department to issue grants to localities and political subdivisions that provide solid waste management services, to develop and implement solid waste recycling and waste reduction programs. The Department shall prioritize the localities most in need of grants pursuant to this subsection based on the greatest need to meet waste reduction and recycling requirements.
C. The Director shall have the authority to access and release moneys in the Fund for purposes of this section for up to $100,000 per occurrence as long as the disbursement does not exceed the balance of the Fund. If the Director requests a disbursement in excess of $100,000 or an amount exceeding the current Fund balance, the disbursement shall require the written approval of the Governor.
D. The Department shall develop guidelines that, after approval by the Governor, shall determine how the Fund will be used for the purposes of this article.
E. The Department shall prepare an annual report detailing the disbursements made to local governments and political subdivisions pursuant to this article, the purposes of the disbursements, and the local benefits provided by the disbursement. Every five years, the Department shall prepare an extended report including an aggregate evaluation of all local solid waste plans, including state-wide recycling rates and waste disposal rates, and develop recommendations for increased waste reduction measures, recycling programs, and better solid waste management. The first annual report shall be released to the public no later than November 1, 2006.
§ 10.1-1413.5. Per ton fees for disposal of solid waste.
The owner or operator of every municipal waste landfill permitted to dispose of solid waste and subject to the reporting requirements of § 10.1-1413.1 shall remit to the locality in which the landfill is located $1 for each ton of solid waste disposed of at the landfill during the previous three months. For facilities without a scale, two cubic yards of solid waste shall be the equivalent of one ton. Payment shall be made within 30 days of the end of each fiscal quarter, with the first payment due October 30, 2005. The provisions of this section shall not apply to construction demolition debris.
§ 10.1-1413.6. Allocation of disposal fee.
A. The locality in which the municipal waste landfill is located shall retain 50 percent of all moneys collected pursuant to § 10.1-1413.5. The locality shall use such fees for abatement of pollution caused by landfills or the improper management of waste, groundwater monitoring and cleanup, litter control, recycling, or for other waste-related purposes, including, but not limited to, solid waste management operating fees.
B. The host locality shall remit 50 percent of all moneys collected pursuant to § 10.1-1413.5 to the State Treasurer within 60 days of the end of each fiscal quarter, with the first payment due November, 30, 2005, to be deposited into the following funds:
1. Fifty percent to the Virginia Solid Waste Management and Clean-up Fund established pursuant to § 10.1-1413.3; and
2. Fifty percent to the Water Quality Improvement Fund established pursuant to § 10.1-2128.