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2011 SESSION

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SB 1119 Permit compliance; Department of Environmental Quality increases limit of civil penalty issued.

Introduced by: A. Donald McEachin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Department of Environmental Quality; permit compliance; civil penalty procedures.  Increases the limit of a civil penalty issued by a special order of the Director of the Department of Environmental Quality from $10,000 to $10,000 for an initial violation, $15,000 for a second violation of the same provision, or $30,000 for a third or subsequent violation of the same provision. The Department may issue a civil penalty of not more than $10,000 after providing reasonable notice of the civil penalty in writing and allowing for an informal fact finding proceeding upon request. Additionally, the Department of Environmental Quality is required to develop guidance to improve communication and coordination between the Department of Environmental Quality and local governments regarding landfills, other than captive industrial landfills, including the issuance of permits. 

SUMMARY AS PASSED SENATE:

Department of Environmental Quality; permit compliance; civil penalty procedures. Increases the limit of a civil penalty issued by a special order of the Director of the Department of Environmental Quality from $10,000 to $32,500. The Department may issue a civil penalty of not more than $15,000 after providing reasonable notice of the civil penalty in writing and allowing for an informal fact finding proceeding upon request. Additionally, the Virginia Waste Management Board is required to adopt regulations that improve communication and coordination between the Department of Environmental Quality and local governments regarding landfills, other than captive industrial landfills, including the issuance of permits.

SUMMARY AS INTRODUCED:

Department of Environmental Quality; permit compliance; civil penalty procedures. Increases the limit of a civil penalty issued by a special order of the Director of the Department of Environmental Quality from $10,000 to $32,500. The Department may issue a civil penalty of not more than $15,000 after providing reasonable notice of the civil penalty in writing and allowing for an informal fact finding proceeding upon request. The legislation also requires that the Board or the Director, prior to reviewing an application for a permit, shall require an applicant to demonstrate that he is in substantial compliance with local ordinances and with federal and state laws, regulations, and rules, including permits and authorizations, for the protection of the environment in the Commonwealth.