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2009 SESSION
083278240Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 10.1-1232.1 as follows:
§ 10.1-1232.1. Public notice; hearings.
Upon a determination of an applicant's eligibility to
participate in the Voluntary Remediation Program, the Department shall provide
written notice to each person who is the record owner of a property that abuts
or lies within 100 feet of the boundary lines of the property that is the
subject of the application. Notice shall also be given promptly to each person
who is the record owner of property that is identified as contaminated by a
release on the applicant's property. The Department shall also publish a notice
in a newspaper of general circulation in the area affected by the voluntary
action. All notices shall include: (i) the name and address of the participant
and the location of the proposed voluntary remediation; (ii) a brief
description of the remediation, the general nature of the release, and any
proposed land use controls; (iii) the address and telephone number of a
specific person familiar with the remediation from whom information regarding
the voluntary remediation may be obtained; and (iv) a brief description of how
to submit comments. A public comment period of at least 30 days shall follow
the issuance of notice. Any person to whom notice is required and who has
submitted comments may request a hearing under § 2.2-4020 on the Department's
approval of a voluntary remediation plan. The decision to grant a hearing under
§ 2.2-4020 shall be solely at the discretion of the Director and not be subject
to judicial review.