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1997 SESSION

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HB 2026 Abandoned Waste Site Remediation Foundation and Fund.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles

SUMMARY:

Abandoned Waste Site Remediation Foundation. Establishes the Abandoned Waste Site Remediation Foundation to administer the remediation of abandoned waste sites. An abandoned waste site is property where a substance within the jurisdiction of the Waste Management Board has been improperly managed and (i) the site has escheated to the Commonwealth, (ii) the owner no longer exists or is unknown, or (iii) the site is not occupied or regularly operated and the owner lacks sufficient resources to pay for the remediation and, if another person is responsible for the improper management of a substance on the site, such person is unknown, no longer exists, or is unable to pay for the remediation. The Foundation is responsible for prioritizing all abandoned waste sites, and may adopt a remediation plan, consistent with the priority list, for such sites. Plans may provide for (i) having voluntary remediation of the site by the owner or another person pursuant to a cooperative agreement; (ii) acquiring the site by the Foundation and contracting for its cleanup; (iii) taking possession of the site; (iv) having a receiver appointed to administer and remediate the site; (v) seeking injunctive relief compelling the operator to clean up the site; or (vi) requesting DEQ or the Waste Management Board to exercise their existing powers with respect to the site. If a voluntary cleanup is performed under a cooperative agreement, the remediating party is eligible for grants; an income tax credit of 25 percent of the cleanup costs up to one million dollars per site; and a property tax exemption. The Abandoned Waste Site Remediation Foundation may delegate any or all of its powers to a "qualified third party," which is defined as a nonprofit organization with at least 10 years' experience in the remediation of contaminated property. The costs of administering the remediation of abandoned waste sites are payable from the Abandoned Waste Site Remediation Fund, a special fund consisting of appropriated funds, donations, civil penalties and civil charges, and moneys deposited in the Virginia Environmental Emergency Response Fund that exceed a maximum balance of $500,000. Pursuant to a tax increment financing provision, local governments may contribute to the cost of remediating abandoned waste sites by agreeing to pay over increased property taxes collected from a remediated site to the Foundation. This measure is a recommendation of the joint subcommittee studying abandoned hazardous and solid waste sites pursuant to HJR 193.


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