10.1-1236 - Access to abandoned brownfield sites. - Virginia Statutes

§ 10.1-1236. Access to abandoned brownfield sites.

A. Any local government or agency of the Commonwealth may apply to theappropriate circuit court for access to an abandoned brownfield site in orderto investigate contamination, to abate any hazard caused by the impropermanagement of substances within the jurisdiction of the Board, or toremediate the site. The petition shall include (i) a demonstration that allreasonable efforts have been made to locate the owner, operator or otherresponsible party and (ii) a plan approved by the Director and which isconsistent with applicable state and federal laws and regulations. Theapproval or disapproval of a plan shall not be considered a case decision asdefined by § 2.2-4001.

B. Any person, local government, or agency of the Commonwealth not otherwiseliable under federal or state law or regulation who performs anyinvestigative, abatement or remediation activities pursuant to this sectionshall not become subject to civil enforcement or remediation action underChapter 14 (§ 10.1-1400 et seq.) of this title or other applicable state lawsor to private civil suits related to contamination not caused by itsinvestigative, abatement or remediation activities.

C. This section shall not in any way limit the authority of the VirginiaWaste Management Board, Director, or Department otherwise created by Chapter14 (§ 10.1-1400 et seq.) of this title.

(2002, c. 378.)