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1999 SESSION

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SB 865 Solid waste management.

Introduced by: Emmett W. Hanger, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)

Solid waste management. Makes numerous changes to Virginia’s laws regulating solid waste. The bill expands the required review and determinations that must be made by the Department of Environmental Quality (DEQ) when it considers permit applications related to solid waste management facilities and the siting of new landfills, including prohibiting new landfills in seven types of environmentally or geologically sensitive areas. The Virginia Landfill Clean-up and Closure Fund is created to make grants to local governments and political subdivisions which exist to provide solid waste management services (public service authorities and sanitary districts) for proper closure of landfills without adequate liner and leachate control systems, whether owned by the local government or political subdivision or abandoned in their jurisdiction. The source of funds for the Fund is the general fund. The bill also requires the development of regulations governing truck transport of municipal solid waste; provides for the incorporation into permits of guarantees for municipal solid waste disposal capacity for Virginia localities in accordance with solid waste management plans; requires agreements between host localities and applicants for new or expanded landfill operations; requires certification by waste transporters that waste is suitable for disposal at a facility before the facility may accept it; requires DEQ to extend post-closure monitoring and maintenance and financial assurance requirements when necessary to protect human health and the environment; and imposes a one-year moratorium on permit issuance for new landfills except for those permits for which a notice of intent was filed before January 1, 1999. DEQ is also directed to conduct a comprehensive study of waste management practices and needs. There are also technical amendments. This bill is identical to HB 2557 and SB 1309.

This bill is also identical to HB 1748 except with regard to the Landfill Clean-up and Closure Fund. The purpose for which the funds may be used are identical in all four bills except that HB 1748 also allows use of the Fund for Fund related administrative costs and for solid waste inspection, monitoring and enforcement programs of DEQ. (Item 424 #2c of the budget allocates $650,000 and 10 positions, contingent on creation of the HB 1748 Fund, for these later purposes.) Other differences lie in the fund name and the creation of a tonnage based assessment to capitalize the Fund in HB 1748. In addition, SB 1309, HB 2557 and this bill, in subsection C of § 10.1-1413.2, grant the DEQ Director access to the Fund for up to $100,000 per "occurrence" without the Governor's approval. HB 1748 uses the term "grant" instead of "occurrence" to parallel the terminology used in the section.


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