10.1-1406.1 - Access to abandoned waste sites. - Virginia Statutes

§ 10.1-1406.1. Access to abandoned waste sites.

A. For the purposes of this section, "abandoned waste site" means a wastesite for which (i) there has not been adequate remediation or closure asrequired by Chapter 14 (§ 10.1-1400 et seq.) of this title, (ii) adequatefinancial assurances as required by § 10.1-1410 or § 10.1-1428 are notprovided, and (iii) the owner, operator, or other person responsible for thecost of cleanup or remediation under state or federal law or regulationcannot be located.

B. Any local government or agency of the Commonwealth may apply to theappropriate circuit court for access to an abandoned waste site in order toinvestigate 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.

C. 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 underthis chapter or other applicable state laws or to private civil suits relatedto contamination not caused by its investigative, abatement or remediationactivities.

D. This section shall not in any way limit the authority of the Board,Director, or Department otherwise created by Chapter 14 of this title.

(1996, c. 547.)